Lawriter - OAC - 3339-1-10 Maintenance of law and order.

3339-1-10 Maintenance of law and order.

(A) The board of trustees recognizes the constitutional guarantees of the right of free speech and peaceful assembly. The board of trustees also recognizes the principle of academic freedom which permits freedom of inquiry and discussion and the right to make constructive criticism. The board of trustees is equally cognizant of the necessity of maintaining justice, law, and order on the campuses of the university and preventing the disruption of the educational functions of the university.

(B) Pursuant to section 3345.21 of the Revised Code, the board of trustees hereby declares that all persons, including university faculty, staff, students, and visitors are prohibited from engaging or participating in, or aiding and abetting any of the following actions on any campuses of Miami university:

(1) Obstruction or disruption of teaching, research, administration, disciplinary proceedings, or any other university activities, including its public service functions;

(2) Threatening to or engaging in conduct or creating a condition that presents a risk of physical harm to the offender or another or to the property of another;

(3) Theft of or damage to property of the university or any other person;

(4) Unauthorized entry to or unauthorized use of university facilities;

(5) Violation of university rules and policies including those regulations concerning the use of university facilities, or concerning the time, place, and manner of public expression;

(6) Violation of rules governing residence in university-owned or university-controlled property;

(7) Disorderly conduct;

(8) Use, offer for sale, sale, distribution, possession, or manufacture of any controlled substance or drug, except as expressly permitted by law;

(9) Failure to comply with orders or directives of university officials or university police or any other law enforcement officers or emergency personnel acting in performance of their duties;

(10) Obstruction of the free flow of pedestrian or vehicular traffic; and

(11) Possession or use of firearms, explosives, dangerous weapons, or chemicals. A dangerous weapon is defined as any instrument, device, or object capable of inflicting physical harm or death and designed or specifically adapted for use as a weapon or possessed, carried or used as a weapon.

For purposes of this rule, "aiding and abetting" shall be construed to mean the giving of aid or assistance to the principal in the planning or execution of any of the foregoing acts.

(C) Any member of the faculty, staff member or student, who violates any of the foregoing prohibitions is subject to university discipline. Disciplinary action may include discharge, suspension or expulsion from the university. Such person may also be subject to criminal prosecution.

Visitors are subject to criminal prosecution. Any visitor who violates this policy may be immediately ejected from university property by Miami university police

(D) The buildings, grounds, and other property of Miami university campuses are dedicated to the educational mission of the university. Use of the buildings, grounds, and other property of the university is reserved for the direct and indirect support of the teaching, research, and service missions; of the university's administrative functions; and of students' campus life activities. The university may prohibit or otherwise restrict access to or use of its buildings, grounds, and other property as may be necessary to provide for the orderly conduct of the university's teaching, research, and service missions; of the university's administrative functions and of students' campus life activities. Visitors are free to walk through our campuses; however, authorization is required from the university or from a recognized student organization to make speeches or presentations, to erect displays, to engage in any commercial activity, or to conduct similar activities on university owned or controlled property.

(E) The president, any Miami university police officer, or any university official authorized by them, may restrict or deny any person's access to the campus if the person engages in conduct prohibited by this policy. The Miami university police officer or other authorized university official restricting or denying access shall, if feasible, issue a trespass warning (orally or in writing) to the person. The police officer or university official issuing the trespass notice should advise the person that he or she is on university property and that permission to be on university property is revoked; and inform him or her that if he or she does not leave immediately or if he or she returns, he or she will be arrested and prosecuted for criminal trespass to the full extent of the law. A copy of the written trespass warning should be filed with the Miami university police. An oral trespass warning should be documented in writing and filed with the Miami university police.

Replaces: 3339-1-10

Effective: 3/21/2005
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 8/1/1978, 9/30/1999, 3/21/2005