GoTriangle has established this Rules of Conduct and Exclusion Policy to outline conduct deemed inappropriate inside and outside areas of GoTriangle property, bus shelters, bus stops, transfer points, and on buses. This Policy also details the procedures for passenger exclusions and appeals.
Facilities—means all GoTriangle property and equipment, including, without limitation, inside and outside areas of property, bus shelters, bus stops, transfer points, signage and buses used to provide public transportation service. No individual may engage in inappropriate conduct on, at or in public transportation facilities.
Inappropriate Conduct—is any conduct that is disruptive or injurious to other individuals' lawfully using GoTriangle facilities or services; damaging or destructive to transit facilities or services; or disruptive, harassing, or threatening totransit employees. Inappropriate conduct may also constitute a violation of an ordinance or criminal law. Not being charged or convicted by law enforcement of an incident of inappropriate conduct does not bar investigation and/or exclusion under this Policy.
Excluded—means an individual may not enter or remain on GoTriangle property and equipment used to provide public transportation services.
Assault—an act or attempt, with force and violence, to do immediate physical injury to another person.
A GoTriangle Operator may refuse entry onto a vehicle to any individual who violates these Rules of Conduct.
An Operator or a Supervisor may provide oral or written warning and may order an individual to leave or exclude individuals from a vehicle or facility.
Inappropriate conduct will be categorized in Levels I, II, and Ill. Level 1 offenses will result in exclusion from transit facilities and/or services for not less than 30 days or more than three months. Level II offenses will result in exclusion from transit facilities and/or services for not less than 90 days or more than six months. Level lII offenses will result in exclusion from transit facilities and/or services for not less than 180 days or permanently based on severity. Further legal action may be taken as applicable and appropriate for Level Ill offenses. The levels of inappropriate conduct are as follows:
A. Level I Offenses
B. Level II Offenses
C. Level Ill Offenses
V. Transit Exclusion Procedure
In the event that it is determined that an individual should be excluded from GoTriangle facilities and/or services, the process is as follows:
a. Authorized GoTriangle personnel will issue a written exclusion letter indicating the reasons for the exclusion, the duration of the exclusion, and the facilities and/or services to which the exclusion order applies. If continued use of transit facilities and/or services is made subject to safety conditions or restrictions (e.g., presence of a parent or guardian in the case of a juvenile; accompaniment by a personal care attendant or aide), a conditional exclusion letter may be issued specifying that the individual will be subject to exclusion unless the imposed restrictions are followed.
b. The letter shall also advise the individual of his/her right to appeal the decision and include a copy of the appeal procedure.
c. If an appeal is not filed by the excluded party within 10 days from the commencement of the exclusion to the GoTriangle Safety and Security Manager, then the right to appeal is considered waived.
VI. Appeal Procedure
a. If the excluded person/s appeals the exclusion, he/she must submit an appeal in writing to the Safety and Security Manager to rescind or alter the terms of the exclusion. Appeals can be mailed to P.O. BOX 13787 RTP, North Carolina 27709. The appeal shall contain a) a copy of the exclusion letter and b) a statement of the reason why the exclusion is improper or should be altered.
b. The Safety and Security Manager shall review the written appeal and may reconsider or modify the decision to exclude an individual, following investigation of the matter, and shall specify in writing within fourteen (14) business days of receipt of the appeal the reasons for rescission or modification, if applicable, to the appellant.
c. Should the excluded person wish to appeal the decision of the Safety and Security Manager, he/she may forward the written appeal to the Director of Bus Operations.
d. For those requesting a hearing in person before the Director of Bus Operations, the Safety and Security Manager or designee will schedule a hearing within 10 days following receipt of the appeal to the Director of Bus Operations.
e. The hearing shall be conducted as follows: a) presentation of documents and testimony supporting the exclusion, and b) presentation of documents and testimony opposing the exclusion. The Director of Bus Operations or designee may question those providing testimony and may tape record the proceedings.
f. The decision of the Director of Bus Operations will be in writing and shall be final.
GoTriangle will mail a copy of the entire Appeal Policy to persons issued exclusion letters who provide a mailing address. A copy of this Policy is also available for review at GoTriangle's transfer center located at 901 Slater Road, Durham, North Carolina 27703.