Church personnel sometimes encounter individuals whose presence on school or church property becomes disruptive. Such individuals may be former employees or volunteers, parents or other relatives of current or former students, parishioners, or members of the larger community. The disruptive behavior may include verbal harassment, threats, entering or remaining on the property without authorization, distributing leaflets or petitions, and interrupting liturgies or meetings.
Church and school buildings and grounds are private property. The owner of private property has a right to grant, withhold, or revoke permission for individuals to be on the property, as long as such action is not discriminatory (e.g., on the basis of race or other protected classifications). Churches and schools also have a duty to use reasonable care to protect their employees, students and others who are on the premises for legitimate reasons.
Accordingly, an individual whose presence is highly disruptive should be asked to stop the disruptive behavior or leave the premises. If the individual refuses to do either, appropriate church personnel should clearly notify the individual that if he or she does not leave, he or she will be deemed to be trespassing and the police will be called. If the individual still does not leave, church personnel should call the police. Under Maryland criminal law, a person who remains on private property after having been notified by the owner or the owner’s agent not to do so may be found guilty of a misdemeanor offense.
It is often possible to avoid the need for police involvement by sending the disruptive individual a letter restricting or even prohibiting his or her presence on school or parish property in the future. Former employees generally have no legitimate reason to be on the property, at least without an appointment. Parents of current students can be required to make an appointment to be present at school other than to drop off and pick up their children. In extreme cases of noncompliant parent behavior, the child/ren may be withdrawn from the school after written warnings to the parents. (Note that parents of children under 18 always have a right under FERPA to review their children's educational records, even when the child is no longer a student at that school, but this should always be done by appointment. Copies of the records can also be mailed.)
Of course, every effort should be made to address disruptive behavior as early as possible so that it does not escalate. Church personnel need to exercise good judgment in deciding when and how to confront someone (never physically!). In most cases, explaining in a respectful tone that the individual does not have a right to be on the property and using the word “trespass” achieves the desired result. If appropriate, the parish or school could also suggest alternative means for the individual to express his or her concerns (e.g., write a letter, call at a scheduled time, make an appointment for a meeting).
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