6A - Monday, March 14, 2011
The Michigan Daily - michigandaly.com
POLICY
From Page 1A
The review of the Depart-
ment of Public Safety's current
policy, according to Scarnecchia,
was prompted after a Univer-
sity faculty member, who had
been issued a trespass warn-
ing, raised concerns and after
the Michigan chapter of the
American Civil Liberties Union
decried the trespass policy
issued against former Michi-
gan Assistant Attorney General
Andrew Shirvell. Shirvell cre-
ated the blog "Chris Armstrong
Watch," which accused Michi-
gan Student Assembly President
Chris Armstrong of putting forth
a "radical homosexual agenda"
in the student government, in
addition to calling him a racist
and elitist.
Currently, four criteria exist
for when University Police may
read a trespass warning: when
an individual has committed or is
suspected of committing a crime
on campus, when an individual
disrupts the operations of the
University, when an individual
poses a risk of physical harm to
others or when an individual
refuses to adhere to University
rules.
Scarnecchia is recommend-
ing the last reason be amended
to limit the scope of when a tres-
pass warning may be issued to
situations in which an individual
refuses to adhere to University
rules that "protect the health,
safety and welfare of the Univer-
sity's community members and
property."
"(We want) to link it to pro-
tection of the community's
safety and not to just any Univer-
sity rule, which could be read too
broadly," Scarnecchia said.
Scarnecchia is also recom-
mending a more streamlined
review process be put in place
once a trespass warning has
been issued. She's proposing
that all DPS officers must submit
notice to their shift supervisor
whenever they issue a trespass
warning so that the supervisor
may review it and recommend
modification or rescission of it
to the DPS executive director if
the supervisor believes it is war-
ranted.
"There's nothing in the policy
that required that, and we think
that a second pair of eyes on the
issuance of the trespass warning
within a very short period of time
... will help ensure consistency
across the department," Scarnec-
chia said.
Additionally, Scarnecchia
is asking that all hearings of
appeals be scheduled within 30
days of an appeal being filed and
that the outcome of the meetings
be decided within 10 days there-
after.
Currently, no time limit exists
for appeals of trespass warnings.
Some have suggested a procedure
in which an automatic appeal be
filed each time a trespass warn-
ing is issued, though Scarnecchia
said she doesn't know whether
such a process would be in any-
one's best interest.
"I'm going to be open to that
conversation and whether or not
that oughtto happen, but... some-
times people understand why
they're beingtrespassed and they
are not inclined to appeal," Scar-
necchia said, mentioning other
circumstances like criminal
charges might also be a reason
why individuals may not want to
appeal their trespass warning.
People have also raised con-
cerns over the appeal process
because only the executive direc-
tor of DPS or his or her desig-
nee can hear appeals. Critics
have said the practice is not as
accountable as an independent
body like the DPS Oversight
Committee - an advisory board
of students, faculty and staff -
reviewing appeals or having the
appeals reviewed by a University
office separate from DPS.
Scarnecchia is also proposing
that a time restriction be placed
on trespass orders, which would
allow individuals back on cam-
pus once a set period of time had
passed. Currently, trespass warn-
ing bans impose a life-long ban
from campus, unless appealed
and modified by the executive
director of DPS.
"One of the biggest weakness
in our current policy is that there
is no time limit on the trespass
warnings," Scarnecchia said. "I
think one of the problems has
been that we haven't done regu-
lar reviews. So once the warn-
ings have been issued, they've
sat in a database somewhere, and
no one has looked at them again
unless the person who receives
the warning comes back and
requests a change."
Though Scarnecchia said put-
ting a time limit on trespass
warnings would be beneficial,
she said it is unclear what type of
limit may be implemented, since
people concerned about the poli-
cy have varying perspectives and
some incidents are more extreme
than others. However, individu-
als with pending criminal cases
would not be subject to the time
limit while their cases are ongo-
ing.
Other proposed policy chang-
es would expand DPS's ability
to enforce trespass warnings by
implementing the warnings at all
University campuses instead of
at the campus where they were
issued.
"We did not have a good state-
ment in the policy of the coor-
dination of the three policies
between Ann Arbor, Flint and
Dearborn," Scarnecchia said.
When the University's Board
of Regents met in Flint, Mich.
last year for one of its monthly
meetings, an individual banned
from the University's Ann Arbor
campus due to a trespass warn-
ing was permitted to address
the regents because she wasn't
explicitly banned from the Flint
campus. Though the office that
coordinates regents meetings
approved the speaker in advance,
Scarnecchia said the example
showed the lack of clarity in the
policy.
"There's a lot of confusion
about whether (trespass warn-
ings) could be enforced at other
campuses," Scarnecchia said.
Scarnecchia said she is propos-
ing is a clarification in language
to emphasize the University's
commitment to its policies on
freedom of speech and artistic
expression.
"We want to have, sort of
upfront and center in the policy,
the acknowledgement that we.
care about (these policies), and
the policy should be adminis-
tered in the context of those
other policies," Scarnecchia said.
It is unclear how the policy
proposals would affect about
2,000 people who have already
received trespass warnings at
the University's Ann Arbor cam-
pus. Asked if the policy changes
would be implemented retroac-
tively, Scarnecchia said she's not
sure whether the University
would be able to contact every-
one on the list to inform them of
a change to their trespass warn-
ings.
The proposed changes have 4
not yet been formally approved.
Scarnecchia said she wants to
collect input from the University
community before she discusses
the changes with the Ut versi-
ty's executive officers. As part of
this, Scarnecchia said she will be
meeting with several faculty and
student groups on campus, the
University's and state's chapters
of the ACLU and representatives
from University Police rn the
Flint and Dearborn campuses.
After the changes are final-
ized, Scarnecchia will submit the
final proposal to DPS for formal
adoption and implementation.
Scarnecchia said she hop's the
final proposals can be of cially
adopted by May.
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