Response from State College Police Department
Written, emailed response received from a State College Police Department representative, to my emailed questions about the legal relationship between SCPD and State College Area School District regarding the ‘health and safety plan.’
In the type of scenarios you provided, this would most likely be handled by SCASD as an internal personnel or student conduct matter. You would need to check with SCASD on how they would handle such situations. State College Police would not be involved in that process.
The State College Police would only be involved should the SCASD administration provide notice to an individual that the individual needed to leave the property and the individual refused to leave. Failure to comply with a SCASD representative’s directive to leave SCASD property would fall under the Title 18 of the PA Crimes Code, section 3503 subsections 1i and 1v, which are provided below. A violation of section 1v is a misdemeanor of the first degree, a violation of 1i is a misdemeanor of the third degree.
Should the individual feel their civil rights are being violated, they would need to file a civil rights violation complaint against SCASD with the US Dept. of Justice, or contact legal counsel of their choosing.
As with any type of disagreement of this nature, the proper venue to challenge such rules is legally in the court system, not with physical disobedience with law enforcing officials. Should SCASD personnel act inconsistent with their authority, or SCPD personnel act illegally in their enforcement of laws, legal proceedings in courts are the solution, not physical defiance which can result in further criminal charges.
Title 18 Crimes and Offenses. Chapter 35. § 3503. Criminal trespass.
(b) Defiant trespasser.--
(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(i) actual communication to the actor;
or
(v) an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
