Keeping Our Campus Safe

BART

Behavioral Assessment and Recommendation Team

Identifying, Assessing, and Reducing Concerning Behaviors in Order to Foster a Safe Campus Environment

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The Ultimate GoalA Successful College Experience

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Why is Behavioral Assessment Necessary?

• We live in a Post Virginia Tech Shooting Era

• The 3 Leading Causes of Death in College Age Students: Unintentional Injury, Homicide, and Suicide

http://www.cdc.gov/family/college/

What We Have Learned

• Warning signs are often presented by a campus member

• Communication network can bring warning signs to the surface

• Evaluation of warning signs can prevent violence, [injury, and student failure]

Virginia.gov (2008). Report of the Virginia Tech Review Panel http://www.governor.virginia.gov/TempContent/techpanelreport.cfm

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Physical or Emotional

Safety of Self or Others

What is Concerning Behavior?

• Bobby said some things on Facebook like he was going to slap me and he’s been Twitter Poppin’ a lot about me since we broke up.

• This guy won’t leave me alone, so I have friends walk me to my car.

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Physical or Emotional

Safety of Self or Others

Wellness Concern

for Another

What is Concerning Behavior?

• I am really worried about Bobby. He has lost weight, is not turning in work, and stopped participating in class.

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Physical or Emotional

Safety of Self or Others

Wellness Concern

for Another

Violation of Institutional

Rules or State and

Federal Law

What is Concerning Behavior?

• I caught Bobby using his SmartPhone to get answers for the test.

• Bobby was arrested for aggravated battery.

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• Violent fantasy content

• Anger problems

• Fascination with weapons

• Homicidal ideation

• Stalking

• Non-compliance

• Academic Disciplinary matters

• Non-Academic Disciplinary matters

• Interest in previous shooting situations

• Victim / martyr self-concept

• Strangeness and aberrant behavior

• Paranoia

• Violence and cruelty

• Acting out

• Recent police contact

• Mental health history related to

dangerousness

• Unusual interest in police, military,

terrorist activities, and materials

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Concerning Behaviors to Report

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• Residence Life Discipline

• Non-Academic Misconduct

• Enroll with Criminal History

• Re-Admit with Criminal History

• Medical Withdrawal

• Medical Withdrawal Re-

Admit

• Suspension Re-Admit

• Academic Misconduct

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Reports Stored in BART Database

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BART Procedures

Preliminary Investigation may include:

1. Review of BART database;

2. Review of student’s academic and disciplinary record with the dean of students OR review employee’s records under the custody of the chief human resources officer;

3. Interviews to determine the existence of corroborating evidence;

4. Other relevant information as deemed appropriate to ensure the safety of the university community.

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Concerning Behavior Becomes Threatening

Wellness Concern

for Another

Violation of Institutional

Rules or State and

Federal Law

Physical or Emotional

Safety of Self or Others

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Escalation of 1 or more of these behaviors

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BART Procedures

Behavioral Assessment and Recommendation Team meeting will include:

1. Briefing on the preliminary investigation by the BART Chair or designee;

2. Review of documentation, interviews, and other relevant information;

3. General discussion;

4. Recommendations by the Team.

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Recommendations Recommendations to:• Dean of Students• Disability Services• Human Resources• University Police• Counseling Center• Academic Affairs

Recommend What:• Investigate Incident• Meet with Individual• Criteria for

Returning• Disciplinary Hearing• Sanctions • Policy & Procedures

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Points to Remember

1. Due Process Academic Misconduct and Non-Academic Misconduct 

Minimum Requirements

The Due Process Clause of the federal Constitution prohibits the government from depriving an individual of life, liberty, or property without certain procedural protections. As established by Dixon v. Alabama State Board of Education in 1961, the minimum requirements for due process are:

1. Notice of the alleged charges of misconduct, and 2. Opportunity to be heard by an appropriate hearing officer.

Dixon v. Alabama State Board of Education, 294 F.2d 150 (5th Cir.1961).

Recently in Willis v. Texas Tech Univ. Health Sciences Center, the courts stated, “[S]tudents who are subject to discipline by a public institution are entitled to (1) notice of the charges, (2) an explanation of the evidence supporting the charges, and an (3) opportunity to tell their side of the story ”

Willis v. Texas Tech Univ. Health Sciences Center, 394 Fed.Appx. 86 (5 th Cir. 2010).

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Points to Remember

1. Due Process 2. FERPA

• An incident report is not an educational record.

• Once action is taken it becomes an educational record. Action is filing the report in some manner other than the incident report stack.

• Students (parents per FERPA) have a right to inspect their educational records.

• Educational records are subject to court orders.

• Conversations and observations are not protected by FERPA (student tells you they have a mental illness in confidence, verses you see it in their records or they present ADA compliance paperwork to you).

 

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Family Educational Rights and Privacy Act - FERPA

FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

1. School officials with legitimate educational interest

2. Other schools to which a student is transferring

3. Specified officials for audit or evaluation purposes

4. Appropriate parties in connection with financial aid to a student

5. Organizations conducting certain studies for or on behalf of the school

6. Accrediting organizations

7. To comply with a judicial order or lawfully issued subpoena

8. Appropriate officials in cases of health and safety emergencies

9. State and local authorities, pursuant to specific state law

U.S. Department of Education. Ed.gov. (2011). http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

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Points to Remember

1. Due Process 2. FERPA

3. Reports should be written in an objective format• Bobby was mad – WRONG

• Bobby appeared to be mad, because he was speaking very loud in what I perceived to be an aggressive tone and he threw a chair against the wall.

• Give reporters a opportunity to revise their incident report.

• Reports of violations of institutional policies, or state and federal laws should be vetted through the appropriate supervisors or other authorities before submission.

 

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Wellness Concern for Another

Violation of Institutional Rules or State and Federal Law

Physical or Emotional Safety of Self or Others

Points to Remember

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Report to BART Behaviors Such as:

Report to Counseling Center Student Behavior Such As:

How Do I Submit a Report?

BART Membership

The Ultimate GoalA Successful College Experience

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