Service Suspension Policy

In the interest of public safety as well as compliance with federal law, state law and/or the RTD Passenger Code of Conduct Policy, a person may not engage in prohibited conduct on any RTD vehicles, operational and maintenance facilities, and property, including but not limited to bus shelters, bus stops, rail platforms, administrative, and/or RTD equipment.

Violation of the above may subject a person to enforcement ranging up to and including the following:

1. A verbal or written Notice of Suspension,
2. Immediate suspension, and/or
3. A criminal citation.

An individual suspended from the transit system will not be entitled to any refund of unused fare media that may expire during the time of his/her exclusion.

Committing a violation of federal law, state law, and/or the RTD Passenger Code of Conduct Policy may be cause for suspension of a person’s privileges to enter upon RTD property and use of the transit system. Notice of such suspension shall be in a written “Notice of Suspension” form and will notify the person suspended of the cause, the period of the suspension, appeal procedures, and that failure to comply may be grounds for criminal prosecution. Only an RTD Transit Police Officer, RTD Transit Security Officer, RTD Bus/Light Rail/Commuter Rail Line Supervisors, and any Peace Offer may issue a Notice of Suspension.

RTD Transit Police Officers and RTD Transit Security Officers have the authority to remove, immediately, a person from RTD property who violates federal law, state law, and/or the Prohibited Conduct set forth within the RTD Passenger Code of Conduct.

The immediate suspension of a passenger that frequents RTD transit services functions as a system that holds passenger/s accountable for their actions and promotes the public health and safety, while using transportation services.

In the event of immediate suspension, the RTD Transit Police Officer or a RTD Transit Security Officer will order an immediate exit from RTD property. In addition to prompt removal from RTD property, the passenger will also receive a “Notice of Suspension,” which can be found with the RTD Passenger Code of Conduct. In the event of an immediate suspension, the duration of the suspension becomes effective at the time of issuance of the Notice of Suspension.

Generally, the following criteria will determine the length of suspensions for each passenger found in violation of federal law, state law, and/or RTD Passenger Code of Conduct:

Fare Evasion

1. A person receiving a Notice of Suspension for fare evasion is subject to a suspension from RTD transit services:
   1. First Offense: Written warning.
   2. Second Offense: Passenger suspension – not to exceed 30 days.
   3. Third Offense: Passenger suspension – not to exceed 90 days.
   4. Further Offenses: Passenger suspension – 90 days up to 365 days.

Criminal Offenses

1. A person receiving a Notice of Suspension for the criminal act of vandalism or property damage and/or trespass (not including the violation of a current suspension notice) is subject to suspension from RTD transit services:
   1. First Offense: Passenger suspension – not to exceed 90 days.
   2. Second Offense: Passenger suspension – 90 days up to 365 days.
   3. Third Offense: Passenger suspension – 365 days up to permanent suspension.
2. A person receiving a Notice of Suspension for a criminal act against a person, and/or a crime involving a firearm or other dangerous weapon is subject to suspension from RTD transit services:
   1. First Offense: Passenger suspension – up to 365 days, and depending on the severity of the offense, up to a permanent ban from the RTD transit system.
   2. Second Offense: Passenger suspension – 365 days up to permanent suspension.
   3. Any criminal act against an RTD employee: Passenger suspension – 365 days up to permanent suspension.

If a passenger refuses to stay and receive their copy of their citation for a fare related violation, the passenger may be subject to the following suspension/s:

1. 1. First Offense: Passenger suspension – not to exceed 30 days, in addition to the time of suspension for the underlying violation.
   2. Second Offense: Passenger suspension – not to exceed 90 days, in addition to the time of suspension for the underlying violation.
   3. Third Offense: Passenger suspension – not to exceed 365 days, in addition to the time of suspension for the underlying violation.

If the suspended passenger elects to use RTD services during the period of suspension, they may incur additional penalties, from additional suspension days up to and including charges for criminal trespass.

1. Right to a Hearing

   Every person issued a Notice of Suspension shall be entitled to a hearing as a matter of right. The purpose of the hearing is (a) to review and determine whether the evidentiary basis for issuance of the suspension is sufficient pursuant to RTD’s Code of Conduct; (b) to determine whether the length and scope of the suspension is commensurate with the nature of the violation; (c) to render a finding on whether it is more probably than not that the individual engaged in conduct justifying the suspension; (d) consider any mitigating and aggravating factors relevant to the scope and length of the suspension; (e) and issue a final suspension order to sustain, modify, or set aside the passenger suspension. Such an instance that may warrant reconsideration or modification of a suspension includes, but is not limited to, resolution of the criminal matter in that is the basis of the suspension. All persons receiving a notice of suspension receive notice of their right to a hearing on the Notice of Suspension.

2. Proceedings

   Any persons issued a Notice of Suspension may appeal their suspension to the Deputy Chief, Security Operations Bureau, within ten (10) business days of issuance.

   A request for appeal must include the following:

   1. Appeals Form
   2. The Notice of Suspension
   3. The grounds for appeal, and
   4. The date of request and contact information of requestor

   If a person issued the Notice of Suspension is unable to submit an appeal, their representative, upon written verification regarding the representative’s right to act on behalf of the person issued the suspension notice may submit the request. A representative ma include, but is not limited to, an attorney, parents of minor suspended, guardian ad litem and/or representative with the power of attorney.

   In the event the person does not appeal their suspension to the Deputy Chief, or his/her designee, within ten (10) business days, the original Notice of Suspension becomes final.

3. Scheduling of Appeal Hearings
   1. Hearing Date: The person seeking an appeal of their suspension must submit their request to the Deputy Chief, Security Operations Bureau, either by email to [email protected], or written letter to the Deputy Chief, Security Operations Bureau, Regional Transportation District, 1660 Blake Street, Denver, CO 80202. The Deputy Chief, or his/her designee, will contact the individual by phone or mail to schedule a hearing within three (3) business days of receipt of the Notice of Appeal.
   2. Continuance: The Deputy Chief, or his/her designee, may grant a continuance, on its own motion or by motion of suspended passenger, if a continuance is warranted or necessary. The Deputy Chief, or his/her designee has the sole discretion to grant or deny a continuance.
4. Evidence at Hearing

   The Deputy Chief, or his/her designee will review all relevant information and shall consider any mitigating or aggravating factors in determining the appropriate scope and length of the suspension, in his/her sole discretion. After consideration of the evidence presented, the Deputy Chief, or his/her designee may sustain the suspension, modify the suspension or set aside the suspension.

5. The Final Order

   Within ten (10) business days following the conclusion of the hearing, the Deputy Chief, or his/her Designee shall issue a Final Order setting forth all findings and decisions on the suspension, unless issuance of a final order within ten (10) days is not practicable. If a final order cannot be issued within ten (10) business days of the conclusion of the hearing, the Deputy Chief, or his/her Designee shall extend the stay on the suspension until the final order is effect. The Final Order shall be deemed issued on the date of mailing to all parties at the address provided by the parties, through regular U.S. Mail, or Email, and becomes effective three (3) business days from the date of issuance.

   The Final Order shall set forth the findings of the Deputy Chief, or his/her Designee, and the basis for such findings. If the Final Order Sustains or modifies the Notice of Suspension, the Final Order shall clearly set forth the period of the suspension, including the exact starting and ending date.