Document Number:
COPS-00001
Published / Last Updated Date:
9/1/2023
Status:
Published
Revision #:
Rev1.0

General Information

Purpose:

Tyndale University desires to be a hospitable and welcoming space but recognizes that measures may need to be taken from time to time to limit an individual's access to the Workplace and/or Study Space to ensure the health, safety and security of other Community Members and the facilities.  The purpose of this policy is to establish procedural fairness and consistency related to the issuance of Persona Non Grata declarations.

 

Terms and Definitions:

Term:

Definition:
Behaviour Detrimental to the University and its Community Members “Behaviour Detrimental to the University and its Community Members” includes, but is not limited to, behaviour where:
  • there is reasonable grounds to believe the individual has the potential to engage in threatening or violent behaviour, and is likely to be present on University property;
  • an individual has engaged in, or is reasonably likely to engage in, criminal activity that may impact the University or Community Members;
  • an individual is in violation of a University policy and there are reasonable grounds to believe the individual has the potential to (or has) materially interfered with or impacted the University’s teaching and research mission, or use of the University’s property for such purposes; or
  • an individual is, or has engaged in, or is reasonably likely to engage in, conduct that threatens or endangers the health, safety or property of the University or of any person, including issues of domestic violence, sexual assault, discrimination and/or harassment.
Community Member Includes full-time and part-time faculty and staff (including student workers), instructors, secondees, volunteers, contractors and consultants and students.
Employee Any full-time or part-time staff member, any full-time or part-time faculty, temporary or contract employee, volunteer or student worker.
PNG Persona Non Grata (PNG) is a documented University declaration, which describes official restrictions placed upon an individual who is denied the privilege of entering specific parts of the University or the University as a whole. If PNG declared individuals are found or seen in the area they are denied, then they may be subject to apprehension and charge by Tyndale University Security Services under the Trespass to Property Act, R.S.O. 1990.
Workplace and/or Study space Means any land, premises, location or thing at, upon, in or near which a community member works or studies, whether physical or virtual. The workplace or study space includes, but is not limited to, the physical premises and the site of work or study-related social functions, work or study related assignments outside Tyndale’s premises and work or study-related conferences or training sessions.

 

Responsible Department or Functional Area:

  • Campus Operations

Regulations

Policy Provisions

1
Reason(s) 

Description:

At its sole discretion the University may prohibitindividuals from attending the Workplace and/or Study Space for Behaviour Detrimental to the University and its Community Members, by issuing a PNG Declaration.
2
Term 

Description:

A PNG declaration will, in most cases, be in effect for one (1) year from the date of issuance or until modified in writing.

A PNG declaration may be issued for a term shorter than one (1) year depending on the specific circumstances, such as but not limited to awaiting the outcome and conclusion of a request for review.

In exceptional circumstances, a PNG declaration may be in effect for an extended term of up to five (5) years, or even permanently.
3
Declarations 

Description:

In keeping with procedural fairness and consistency, a PNG declaration must:
  • be issued to an individual in writing;
  • be signed by an Authorized Person;
  • indicate the specific areas/portions of the Workplace and/or Study Space which the individual is prohibited from attending;
  • indicate the reason for the prohibition;
  • indicate the term of the prohibition;
  • indicate consequences of breaching the conditions of the PNG Declaration (i.e. that individuals may be subject to apprehension and charges under the Trespass to Property Act);
  • indicate the individual may make a request for review of the PNG Declaration; and
  • indicate that PNG Declarations are effective immediately and remain in effect for the specified term, unless revoked in writing. 

Scope and Exceptions:

If time or circumstances do not permit the issuance of a written declaration, an interim declaration may be made verbally and will remain in effect for seven (7) days. Written confirmation of the status must be provided as soon as reasonably possible (normally within seven (7) days)
4
Authorized Persons 

Description:

The following positions are authorized to approve a PNG declaration:
  1. For employees:
  • President
  • Provost
  • Senior Vice-President Administrative & Support Services
  1. For students:
  • Vice-President Student Development
  • Dean of Students (or alternate below)
    • Vice President, Academic and Dean
    • Provost
  1. For all other Community Members:
  • Director, Campus Operations 

Where an individual to be given a PNG declaration has multiple roles at the University (e.g. is both a student and employee), authorization may be provided by either of the authorized positions noted above.

Scope and Exceptions:

The absence, or unavailability, of an authorized individual responsible for one of the areas above does not preclude the PNG declaration from being issued. PNG declarations may be approved by any of the above authorized individuals.
5
Notifications 

Description:

Balancing the tension of protecting personal private information under the University's Privacy Policy, the protection of University Community Members, and the ability to ensure compliance with the PNG Declaration's conditions, the University will share information about PNG Declarations with department heads on a need to know basis.
6
Request for Review 

Description:

The University will provide a mechanism that allows individuals to appeal PNG Declarations. Requests for review must be in writing and in the prescribed form of the University.

The prescribed form must include:
  • the reasons for the review request,
  • the reason/need to attend the Workplace and/or Study Space , and
  • any other information / evidence the person wishes to be considered
The review must be conducted by an Authorized Person who was not part of the original decision to issue the PNG declaration. Review determination decisions are final and cannot be appealed.
 

Scope and Exceptions:

The conditions of a PNG declaration remain in effect during and after the review process, unless the declaration is modified or withdrawn.
7
Modifications, Extensions or Withdrawals 

Description:

The University reserves the right, in its sole discretion, to modify, extend or withdraw the terms of a PNG Declaration. A PNG Declaration may be modified, extended or withdrawn due to, but not limited to:
  • a breach of PNG Declaration conditions;
  • the outcome of a request for review
Any change to a PNG Declaration will be communicated in accordance with the documented procedure for issuing declarations.
8
Record Keeping 

Description:

PNG declarations and related documentation will be retained by the University for a period of seven (7) years from the date of issuance or renewal of issuance. Documentation will be retained indefinitely for permanent PNG declarations.

Related Documents

Links to Content:

PNG Appeal Form

 

Primary Author / Owner:

Name:

Email:
Campus Operations Director [email protected]