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[IN] Can a former employee challenge a university trespass notice issued without prior warning?

Liz
Liz

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Which the university is legally able to trespass. Unless it's being done in a discriminatory manner. However, they do need to be clear, as they cannot remove you from any public property.

The university police themselves are also private police employed by the university directly and were not South Bend police.

They could only hold you for actual police if you are found to be trespassing.

If you believe the trespass notice was issued unfairly or in retaliation, that could be a claim to contest it.

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I was trespassed from a university for simply walking in front of the hotel for which I was fired from. This hotel is on university property; however, they never once stated that I was banned from property. In fact, I had talked with HR the previous day who confirmed I never was. This was during a home football game where there was traffic everywhere, yet I was targeted for some strange reason, and the university police came at me with tasers drawn, frisked me, and banned me from all property. The only crime in their own words was "walking in front of the hotel," which I was never banned from, and after consulting many other university employees, is not at all policy.

I am currently in a lawsuit against the university for firing me in an act of retaliation. However, did the university police potentially violate anything themselves here?

Lexi

Lexi, Chatbot

I'm sorry to hear about your troubling experience with the university police; that sounds very distressing. Can you tell me if you have any documentation or evidence regarding your conversation with HR about not being banned from the property?

I have documentation that the previous day I was invited to an in-person meeting with them on campus. While I do not have any documentation stating I was banned from campus, I would not have been allowed to attend that meeting had I been banned from campus.

Lexi

Lexi, Chatbot

Have you had any prior incidents with the university police or any other interactions that might be relevant to your current situation?

None.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your trespassing issue.

No.

Liz

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, do you also attend school on campus or just were employed there?

I was just employed there.

I do, however, live right next to campus. In fact, so close that if I walk just two steps the wrong direction, I am now trespassing on campus.

Liz

Liz

Thanks for letting me know. Could you tell me which state this university is located in? This will help me understand the legal context better.

Indiana.

Liz

Liz

Got it, thanks! Is it an open campus or closed with the university owning all the property?

It's an open campus, but it's private property. The university itself is supposedly its own jurisdiction. I know though that visitors are allowed at all times, especially during football games, and there were even going to be football-related events at the hotel itself, which I was planning on going to.

Also, every time I call the university police to confirm what is and isn’t university property so I don’t violate the trespass notice, the university police over the phone keep informing me that it is an open campus until I mention I was trespassed, at which point they always have to get with a supervisor and tell me what is and isn’t considered university property.

The exact wording on that trespass notice is as follows:
"You are hereby notified that you are on private property owned by the University of Notre Dame. As a private property holder, the university has the right to tell you to leave university property. By copy of this notice, the university is providing you with written notice that you must leave university property and that you may not return to any property owned by the university in the future. If you are found to be on university property again, you will be arrested for criminal trespass."

I guess my real question for this then is, since I'm in this situation where I live right next to university property and also do not have a car, and I’m now always in this position where I’ve been advised not to even take public transport because it goes on university property—was there any possible violations that I could theoretically take this to court over?

I’m likely going to be appealing the trespass with the university directly; however, if there is anything here that may or may not be grounds for a lawsuit, I would love to include that in the appeal letter.

Liz

Liz

Which the university is legally able to trespass. Unless it's being done in a discriminatory manner. However, they do need to be clear, as they cannot remove you from any public property.

The university police themselves are also private police employed by the university directly and were not South Bend police.

They could only hold you for actual police if you are found to be trespassing.

If you believe the trespass notice was issued unfairly or in retaliation, that could be a claim to contest it.

I guess I’ll just bring that up to them privately then when I appeal. Thank you.

Liz

Liz

If it's something discriminatory, there is also the civil rights department. You're very welcome.

Liz

Liz

43,836 satisfied customers

Liz
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