Trespass Policy

Purpose

Everyone is welcome at Idea Exchange libraries and Cambridge Art Galleries. We are committed to creating and maintaining a safe and positive environment. Our members will be treated courteously and respectfully by staff and are expected to treat staff and other members in the same manner. To maintain a safe and welcoming environment, Idea Exchange has the right to enforce the Code of Conduct for members in a fair and consistent manner.

This policy outlines the approach to handling situations in which a person’s disregard for appropriate conduct at Idea Exchange requires action that may in some cases include the issuing of a Trespass Notice under the Ontario Trespass to Property Act. It also identifies the appeals process for people who are excluded as a result of misconduct. 

Policy

Minor Violations

1. When disregard for the Code of Conduct occurs including attempted theft or minor vandalism and harassing or abusive language, some or all of the following actions may be taken depending on the severity of the situation:
   a) staff will inform the person of how the Code of Conduct was violated and give a verbal warning;
   b) staff may give a further verbal warning and threaten to expel the person from the premises if misconduct does not cease;
   c) staff may issue a one-day suspension from the location;
   d) staff may charge for material cost recovery and associated charges;
   e) the person may be suspended from all Idea Exchange locations for a period of time, which can include three months or six months exclusion period;
   f) a Trespass Notice may be issued to the person or mailed to an appropriate guardian, informing that they are excluded from all Idea Exchange locations for a period of time;
   g) in every case, staff will keep a record of the name of the person responsible for the misconduct.

Major Violations

2. A system wide exclusion from all Idea Exchange locations may be applied when theft, violence, threat of violence (online or in person), persistent disregard for the Code of Conduct, exhibitionism, vandalism or other criminal activity occurs the following actions may be taken:
   a) staff will inform the person of how the rules were violated;
   b) police will be notified depending on the nature and severity of the violation;
   c) staff will issue a Trespass Notice informing the person that they are excluded from the premises and all services for a period of time, which can include a 12-month exclusion period;
   d) upon review of the incident, the length of time of the exclusion from all Idea Exchange locations may be extended by the Chief Executive Officer.

Reinstatement of Library Privileges

3. Any person committing a minor violation will be informed of the date they can return to the premises. Any person who has been served a Trespass Notice for a 12-month period of time for a major violation will be notified that they must apply in writing at the end of the suspension period to the Chief Executive Officer for reinstatement of library and gallery privileges.

   The person must include the following information when applying for reinstatement:

   • Name
   • Address where they can be contacted/phone number/membership card number (if available);
   • Location and date of exclusion
   • Reason for appeal
4. The Chief Executive Officer shall consider all applications for reinstatement using the following criteria:
   a) the safety of the public and Idea Exchange staff and the circumstances surrounding the exclusion;
   b) the past behaviour of the person making the application with regards to the Code of Conduct;
   c) the person’s reasons for seeking reinstatement; and
   d) where applicable, whether the person has reimbursed Idea Exchange for all expenses incurred as a result of the person’s actions.
5. The Chief Executive Officer may extend the exclusion period for an indefinite period and refuse to reinstate the library and gallery privileges of a person requesting reinstatement. A person who has applied for reinstatement shall be informed in writing of the Chief Executive Officer’s decision and the reasons for the decision.
6. A person has the right to appeal, in writing to the Cambridge Public Library Board, a Notice of Trespass and revocation or extension of the same. The decision of the Library Board is final and there are no further steps to be taken in the appeals process.
7. The Chief Executive Officer may delegate any or all decision-making authority under this policy.
8. A person’s library and gallery privileges shall not be reinstated during the application for reinstatement or appeal process.

Adopted: June 28, 2017, Board Motion 17.48

Amended: April 27, 2022, Board Motion 22.26