15-1866.01. Encampments; unlawful assembly; prohibitions; removal; definition

437 words·~2 min read·/az/title-15/15-1866-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. An individual may not establish or occupy an encampment on the campus of a university or community college.

B. If an individual or group of individuals violates subsection A of this section, an administrator of the university or community college shall do all of the following:

1. Direct the individual or group of individuals to immediately dismantle the encampment and vacate the campus.

2. Advise the individual or group of individuals that any individual who fails to comply with the direction to leave pursuant to paragraph 1 of this subsection is guilty of criminal trespass pursuant to title 13, chapter 15.

3. If the individual or group of individuals refuses to comply with the direction to leave pursuant to paragraph 1 of this subsection, initiate legal action to have the individual or group of individuals removed from the campus of the university or community college. For the purposes of this paragraph, "legal action" includes reporting the trespass to a local law enforcement agency.

4. Initiate disciplinary action against any student who refuses to comply with the direction to leave pursuant to paragraph 1 of this subsection pursuant to the university's or community college's student code of conduct.

C. Any individual who establishes or occupies an encampment in violation of subsection A of this section is both of the following:

1. Liable for all damages that the individual causes, including the direct and indirect costs of:

(a)Removing the encampment established or occupied by the individual and restoring the campus.

(b)Repairing any destruction, defacement or alteration of the university's or community college's property, including buildings, grounds, equipment and resources, that resulted from the individual's intentional or negligent conduct relating to the encampment.

2. Not lawfully present on the university's or community college's campus for the purposes of section 15-1864 or 15-1865.

D. A law enforcement agency, peace officer or member of a university's or community college's campus security shall enforce subsection A of this section and has the authority to remove from the campus an encampment and any individual or group of individuals that has violated subsection A of this section and refused to comply with the direction to leave pursuant to subsection B, paragraph 1 of this section.

E. Each university under the jurisdiction of the Arizona board of regents shall comply with the Arizona board of regent's student code of conduct.

F. For the purposes of this section, "encampment" means a temporary shelter, including tents, that is installed on the campus of a university or community college and that is used to stay on the campus overnight or for a prolonged period of time.