Owners of private property, such as Bard College at Simon’s Rock, have the authority through Massachusetts General Laws Chapter 266 Section 120 to issue trespass notices to individuals to prevent their return to the owner's property. The Director of Campus Safety has been given the authority by the College to issue such a notice.
A trespass notice is a verbal or written notice issued by a Campus Safety or Student Affairs staff to stay off the Bard College at Simon’s Rock campus. Violation of a trespass notice may result in arrest or in criminal prosecution.
A trespass notice can be issued to any person for whom the College has received a complaint or who has been observed doing any of the following:
A trespass notice is generally valid indefinitely. However, trespass notices are reviewed upon request of the person given the notice. The Campus Safety Department generally consults with the victim and/or the Deans to evaluate a trespass notice appeal.
Generally, trespass notices are given verbally to individuals that the Campus Safety Department receives complaints about or observes violating the above criteria. Notices are also mailed to individuals when possible and an address is known. Once the individual receives the trespass notice, or in the case of mailed notices, once the certified receipt is returned to the Campus Safety Department, the trespass notice is active and enforceable. Copies of all written notices are provided to the Great Barrington Police Department.
Come in to the Campus Safety Department office and speak with an officer. Trespass notices can only be issued after an incident report is filed with Public Safety. Officers will then determine if the incident meets the above criteria. Trespass notices can be issued for your protection for incidents which occur off campus or even before a student was enrolled at the College.
Each notice that is issued includes information about the appeals process. Appeals are usually done in writing and are reviewed by the Director of Campus Safety. The criteria for appeals review include, but are not limited to; a determination of the threat posed by the individual to the community, review of the individual's need to be present on campus, review of the incident or supporting documentation resulting in the trespass notice being issued, etc.
Any time the Director Campus Safety considers modifying or rescinding a trespass notice as a result of an appeal, the Director will contact the victim and discuss the appeal. If, however, the victim is no longer a member of the Bard College at Simon’s Rock community, she or he will not be contacted. The Director may consult with other college personnel as part of the appeal review process such as the Dean of Students or the Director of Human Resources. The victim will be informed of the outcome prior to any modification or revocation.