Guidelines for rules 1 and 2

Rules

Rule 1: Engaging in any activity that violates federal, state, local or other applicable law.

Rule 2: Engaging in sexual conduct, as defined under ORS 167.060, including but not limited to, the physical manipulation or touching of a person’s sex organs through a person’s clothing in an act of apparent sexual stimulation or gratification.

Guidelines for Rule 1

In general, people who violate rule number 1 will be excluded from all library premises for a minimum period of one year. Additional violations of rule 1 increase the total exclusion time. A  second violation adds additional time to the original exclusion and may result in a 15 month total exclusion. Further violations may result in an 18 month total exclusion, and then a two-year total exclusion.

Notwithstanding guideline No.1, any person who is determined to have intentionally caused physical injury as defined by ORS to a library patron or staff member shall be subject to a three-year exclusion, and any person who intentionally damages library materials, facilities or property may be excluded for up to three years for the first offense depending  on the value of the property,  the severity of the damage and the impact to library operations.

Examples of violations of Rule 1 (including but not limited to):

  • Directing a specific threat of physical harm against anyone
    • This could include the crime of menacing, which occurs if, using word or conduct, a person intentionally attempts to place another person in fear of imminent serious physical injury.
  • Assaulting staff or others
    • Words alone, no matter how inflammatory or violent, are not sufficient to constitute an assault, but may constitute a different crime depending on the circumstances.
  • Transferring (ORS 475.752(1)), or selling controlled substances. Controlled substance is defined in ORS 475.005.
  • Viewing or printing suspected illegal material.  Procedures for dealing with suspected illegal material (child sexual abuse materials) section below.
  • Destruction of property valued at $100 or more.

Exceptions

There are some exceptions to the minimum exclusion period of one year:

  • Theft of library materials or items belonging to staff or others that does not exceed the criteria for ORS 164.043 - Theft in the third degree, including that any items taken are less than $100 in value.
  • Unlawfully using or possessing (ORS 475.752(3)) controlled substances on library premises. Controlled substance is defined in ORS 475.005.
  • Destruction of property less than $100 in value.
  • Trespassing.

For these exceptions staff must follow the standard exclusion progression for rule 3 . PICs can determine at the moment if the disruption was minor or significant based on the impact to library operations. Staff may recommend the Security Review team to review and impose a longer exclusion.

Guidelines for Rule 2

In general, people who violate any of these rules will be immediately excluded from all library premises for a minimum period of one year. A second violation may result in a 15 month exclusion. Further violations may result in an 18 months, and then a two-year exclusion.

See also "procedures for dealing with suspected illegal material (child sexual abuse material);" "specific threat vs. threatening behavior."