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University Policy 109

Behavioral Threat Assessment and Management Teams

Formerly Executive Memorandum 96-121
Initially Approved: November 21, 1996
Revised: November 13, 2003
Revised: February 26, 2008
Revised: September 28, 2009
Revised: August 15, 2012
Revised: October 26, 2016
Revised:  August 20, 2024

Policy Topic: Personnel

Administering Offices: Division of Administration and Finance, Division of Student Affairs

I. REPORTING VIOLENT CONDUCT

IF CONDUCT INVOLVES AN ACTUAL OR IMMINENT THREAT OF PHYSICAL HARM TO AN INDIVIDUAL OR INDIVIDUALS, THE UNIVERSITY POLICE MUST BE NOTIFIED IMMEDIATELY AT 828-227-8911.

IF ANYONE HAS WITNESSED OR HAS KNOWLEDGE ABOUT THE COMMISSION OF A CRIME, THE UNIVERSITY POLICE MUST BE NOTIFIED IMMEDIATELY AT 828-227-8911. 

IN ANY EVENT, THIS POLICY IS NOT INTENDED TO PROHIBIT ANY VICTIM OF OR WITNESS TO VIOLENT ACTIVITIES AND CONDUCT FROM CONTACTING THE UNIVERSITY POLICE. 

II. POLICY STATEMENT

Western Carolina University (University or WCU) seeks to maintain a safe, secure learning environment in which students, employees, and University Guests can all learn, teach, work, and contribute to the University’s mission and goals.  Threats of violence against individuals or property, and threats of violent disruption or disturbance to the University’s work and mission, are enterprise risks that impact WCU.  This policy establishes a process for timely and safe interventions directed at students, employees, and University Guests who may pose credible potential threats of harm to the university community or may disrupt or impede the lawful activities and educational processes of the WCU.  It is expected that the Threat Assessment and Management Team will engage with other University crisis management entities as necessary to effectively address incidents with university-wide impact.

III. SCOPE AND APPLICATION OF POLICY

It is the responsibility of all students, employees, and University Guests to conduct themselves in such a way as to contribute to a safe and violence-free university community.  Should any employee, especially managers and those with supervisory authority, have knowledge of prohibited conduct as defined in this policy, or receive a complaint of violence, immediate steps must be taken to deal with the matter appropriately. 

This policy applies to on-campus; on-duty; off-campus; off-duty; prior to class time; during class time; or after class time conduct (that may have an adverse impact on WCU, WCU operations, or the university community).  This Policy 109 does not apply to students of the Catamount School for Sixth, Seventh, and Eighth Grade (Catamount School).  The Catamount School has a threat assessment policy for students that complies with the laws of the State of North Carolina.  

It is intended that this policy conforms in every material aspect to the requirements of the Regulation on Behavioral Threat Assessment and Management Teams pursuant to The UNC Policy Manual 1300.7[R,] promulgated by the University of North Carolina. 

IV. DEFINITIONS 

Assessment” or “Individualized Threat Assessment Review” is a review by the Threat Assessment and Management Team of a report of Threatening Behavior, Violent Behavior, or any other act or consequence that could result in serious bodily or property harm or death that is tailored to specific circumstances and is focused on individual behaviors and communications. 

Employees” are defined as those individuals subject to the State Human Resources Act (SHRA), such as full-time and part-time employees with permanent, probationary, trainee, time-limited permanent or temporary appointments and employees exempt from the State Human Resources Act (EHRA), such as EHRA Faculty, Senior Administrative Academic Officials, and Exempt Professional Staff.

Imminent Threat” is a reasonable belief that there is an immediate probability of Threatening Behavior, Violent Behavior, or any other act or consequence that could result in serious bodily or property harm or death.

Safety Intervention” is not disciplinary in nature and includes, but is not limited to, development of an individualized case management plan; interim removal; supportive service; reassignment of duties or office; relocation of residential housing (student only); modification of class modality; voluntary withdrawal or extended leave; involuntary withdrawal or extended leave; reassignment of classroom location or class section; University-directed no contact order; requirement that a student or employee undergo a medical, psychological, threat, or other assessment to determine risk of violence to the University community; investigatory leave with pay or administrative leave with pay (employees only and in accordance with UNC and Office of State Human Resources policies); and/or interim removal from University owned or managed property of the student, employee, or University Guest until the Assessment or Safety Intervention is concluded consistent with this policy. 

If the Threat Assessment and Management Team recommends that an employee undergo a medical, psychological, threat, or other assessment, such recommendation must be approved by the Division of Human Resources and Payroll after consultation with the Office of Legal Counsel.  

Interim removal shall be presumed to be an appropriate Safety Intervention when a student, employee, or University Guest has been charged with certain felony criminal offenses.  These shall include any felony offense that involves harm or the threat of harm to persons or property, including assault or the use of violence or force against a person; possession of a weapon on campus or other educational property in violation of N.C.G.S. §14-269.2; communicating a threat of mass violence on educational property in violation of N.C.G.S. §14-288.9; any act of terrorism in violation of N.C.G.S. §14-10.1; or other similar felony offenses as defined under applicable and analogous laws of this state or another state or federal law. 

The Threat Assessment and Management Team may recommend interim removal from University property as a Safety Intervention, on an emergency basis using expedited procedures in its sole discretion. Interim removal is not a penalty or a disciplinary consequence, but a Safety Intervention taken to protect the university community. 

For purposes of this Policy 109, the phrase “interim removal” may be used interchangeably with the phrases “temporary removal” and “interim separation”.

Students” are individuals who are enrolled in or attend courses offered by or at the University, no matter the modality of the course; the location or frequency of the course meeting; class or age of the individual; or expected outcome (certificate, degree, etc.) of the educational experience. 

Threatening Behavior” or “Threat” is any communication or action, including action that is the subject of criminal charges, whether occurring on-campus or off-campus, that indicates that an individual may pose a danger to the safety or well-being of any member of the university community, including the individual engaging in the threatening behavior, through acts of violence or other behaviors that may reasonably cause fear of or harm to persons or property or substantially interfere with or disrupt the educational mission of the University.  These behaviors may be expressed or communicated orally, visually, in writing, electronically, or through any other means and may be considered threatening regardless of whether a direct threat is expressed or was receive by the intended audience or believed by the intended audience. 

University Guest” may be a former employee; applicant for employment; former student; alumnus; student applicant; client; contractor; visitor; guest; vendor; or a third party with no formal relationship with the University, who enters WCU owned or managed property.  The concept of the “University Guest” is meant to be construed broadly and should refer to any other person, other than employees or students, who access property owned or managed by WCU.  

Violent Behavior”, is a broad range of behaviors (irrespective of perceived harm or severity) that may affect WCU or a member of the WCU community, the individual engaging in the violent behavior, or any property owned or managed by WCU, and that generate reasonable concerns for personal safety, or that are reasonably likely to result in physical injury to persons or property.  It includes, but is not limited to, aggressive acts, interpersonal violence, physical attacks, or Threats as defined herein.  

V. THREAT ASSESSMENT AND MANAGEMENT TEAM

The Threat Assessment and Management Team (TAMT) is appointed by the Chancellor and includes, but is not limited to, the Vice Chancellor of Student Affairs or designee; the Chief of the University Police Department or designee; the Associate Vice Chancellor for Human Resources and Payroll or designee; the Associate Vice Chancellor for Student Affairs Health and Wellness or designee; the Associate Vice Chancellor of Auxiliary Enterprises or designee, who will be engaged as needed; and any other University official who may be engaged as needed.  The General Counsel or designee shall provide legal guidance to the TAMT.  The Chancellor shall review the membership of the TAMT on an annual basis.  

The Associate Vice Chancellor for Human Resources and the Vice Chancellor for Student Affairs shall serve as co-chairs of the TAMT and shall have oversight responsibility for policy implementation and administration.  Each co-chair has the delegated authority to create and/or oversee any process, procedure, or system that identifies and mobilizes appropriate consultative resources to implement any Assessment or Safety Intervention contemplated by this policy.  The Associate Vice Chancellor for Human Resources shall be responsible for Safety Intervention implementation pertaining to employee behavior, and the Vice Chancellor for Student Affairs shall be responsible for Safety Intervention implementation pertaining to student behavior. Each co-chair has the authority to appoint a designee to serve in their capacity based upon situational need and availability.

The TAMT shall evaluate whether students, employees, or University Guests have engaged in Violent Behavior or Threatening Behavior and:

  • Prioritize both safety or well-being of the university community, including the individual whose actions are being assessed, and the safety and security of university property and shall utilize best practices, based on accepted national standards, in evaluating potential threats. 
  • Recommend appropriate Safety Interventions to mitigate risk of harm to the university community or self. 
  • Periodically reassess, monitor, and review any ongoing Safety Interventions, time frames, and conditions for the return to campus of any student, employee or University Guest who has been removed from campus as a Safety Intervention.
  • Ensure adequate resources have been made available in support of any Safety Intervention. 

Members of the TAMT shall receive mandatory, annual training on best threat assessment practices, confidentiality, and other relevant laws and policies.  Training activity shall be coordinated by the University’s Chief Compliance Officer.  The Chief Compliance Officer shall maintain a record of the training programs completed by the TAMT membership and report training compliance to the General Counsel and Chancellor on an annual basis. 

VI. UNIVERSITY OBLIGATIONS

All employees, students, and University Guests are encouraged to be alert to the possibility of violence on the part of students, employees, or University Guests, and shall report all Threatening Behavior or Violent Behavior to the University Police.  After a report has been made to the University Police, the student, employee, or University Guest should report the Threatening Behavior or Violent Behavior to any University Official.  A University Official who receives a report of Threatening Behavior or Violent Behavior should communicate the report to their immediate supervisor or administrator.  

A supervisor or administrator who receives a report of Threatening Behavior or Violent Behavior may conduct a cursory, preliminary inquiry, but is directed to seek immediate assistance from University Police.  University Police, as soon as is practical, shall inform the Associate Vice Chancellor for Human Resources for employee-based reports of Threatening Behavior or Violent Behavior, and the Vice Chancellor for Student Affairs for student-based reports of Threatening Behavior or Violent Behavior.  University Police shall inform both the Associate Vice Chancellor for Human Resources and the Vice Chancellor for Student Affairs for University Guest-based reports of Threatening Behavior or Violent Behavior.  

If the Threatening Behavior or Violent Behavior involves sexual harassment or discriminatory harassment based on a protected class, the employee(s), student(s), or University Guest(s), including a supervisor or administrator who receives a report from another individual, shall, in addition to University Police, also report the incident to the Title IX Coordinator pursuant to University Policies 129 and 53. In the event that the Title IX Coordinator has not been informed of a potential violation of University Policies 129 or 53, the TAMT shall inform and consult the Title IX Coordinator as appropriate. 

Based upon initial information available, the TAMT co-chairs in a timely manner; together or separately; and in consultation with the General Counsel or designee, may elect to convene the TAMT and others to initiate an Individualized Threat Assessment Review and recommend appropriate Safety Intervention(s) to the appropriate administrator with the authority to implement the recommended Safety Intervention(s). 

The TAMT, in support of an Assessment, may conduct interviews of relevant persons or entities and request relevant records and information, in accordance with university policies and applicable state and federal laws and regulations, from campus constituents such as university police, faculty, academic advisors and support units, the Office of Student Conduct, counseling and psychological services, health services, and residential living staff. Any refusal by a University administrator to provide access to relevant records and information shall be made in writing directly to the Chancellor, with copy to the General Counsel.  The Chancellor shall have the authority to mandate that TAMT be provided with access to the relevant records and information.  External sources such as law enforcement agencies, social services agencies, and mental health care providers may also be interviewed.  The TAMT shall have the authority to determine the relevancy of the person/entity to be interviewed, record(s), or information unless otherwise determined by the Chancellor.  

At any point during the Assessment, the TAMT may recommend Safety Interventions to the appropriate administrator with the authority to implement the Safety Intervention(s).  The Safety Intervention(s) recommendation of the TAMT may be changed or modified by the Chancellor in their sole discretion, subject to any legal limitations. Any Safety Intervention recommendation that results in an interim removal of a student may be appealed to the Chancellor within five (5) days of the beginning of the interim removal.  The decision of the Chancellor is final. 

The Chancellor, independently or in consultation with the TAMT and based on a review of the evidence considered by the TAMT, may impose any Safety Intervention, including an interim removal upon an individual. The Chancellor’s decision is not appealable.  

After the implementation of the Safety Intervention(s), the TAMT shall continue to monitor the individual whose actions are being assessed to ensure appropriate resources are provided, and to reassess the continued need and appropriateness of the specific Safety Intervention(s). 

Any university-based administrative proceeding involving the individual being assessed may continue subject to any Safety Interventions. 

When Threatening Behavior or Violent Behavior potentially constitute violations of criminal laws, University Police or other law enforcement agency with primary jurisdiction, will take the lead role in coordinating and conducting any criminal investigation(s) and preparing cases for prosecution as deemed appropriate by the local district attorney.  A pending criminal investigation should not delay an assessment; Safety Intervention; student disciplinary action; personnel disciplinary actions initiated within the work unit; or further and/or continuing review of the incident by the TAMT. 

The TAMT, after consulting with the appropriate administrator with authority, shall determine when to conclude or end the Safety Intervention(s). Concluding or ending the Safety Intervention(s) may not impact any University based administrative proceeding involving the individual, unless approved by the University administrator in charge of the administrative proceeding.  

The TAMT may consult with employees, students, University Guests, and representatives from external resources who have been impacted, affected, or victimized by Threatening Behavior or Violent Behavior, to evaluate the university’s response to violence and discuss opportunities for improvement and the development of preventive measures.  It is an expectation of the employee’s job duties that they fully cooperate with the TAMT in these efforts.

To the maximum extent possible, all reports of Threatening Behavior or Violent Behavior will be handled in a confidential manner, with information released only as necessary for disciplinary or law enforcement purposes; to protect the health and safety of members of the university community; or as required by law or policy.  

Records related to Threat Assessment and Management Teams (TAMT) are private to the extent permitted by law.  The University will maintain pertinent records related to each case in accordance with the UNC System Records Retention Schedule.  Access to these records is governed by University Policy 108 and applicable state and federal laws.

Records generated by the TAMT outside the course of normal business records shall be kept by the Office of Legal Counsel in a secure system and maintained in accordance with the UNC System Records Retention Schedule.  

VII. NON-RETALIATION

Employees, students, and University Guests who act in good faith by reporting real or alleged Violent Behavior or Threatening behavior shall not be retaliated against or subjected to unlawful harassment. 

VIII. POLICY REVIEW

This policy shall be reviewed and revised as necessary every four (4) years.

IX.  RELATED POLICIES AND RESOURCES

EMERGENCY NUMBERS
Jackson County Emergency:  911
University Police Department / Emergency: 227-8911

NON-EMERGENCY NUMBERS
University Police Department / Non-emergency: 828-227-7301
Office of Human Resources: 828-227-7218
Office of the Vice Chancellor for Student Affairs: 828-227-7147
Health Services: 828-227-7640
Counseling and Psychological Services: 828-227-7469 
Office of Student Conduct: 828-227-7234
Legal Counsel Office: 828-227-7116

POLICIES

UNC Policy Manual 1300.7[R]
University Policy #53 - Unlawful Harassment
University Policy #78 - Disciplinary Policy and Procedures for SPA Employees
University Policy #89 - Serious Illness and Disability Leave for Faculty 
University Policy #91 - Weapons on Campus
University Policy #107 - Employee Assistance Program 
University Policy #129 – Title IX Sexual Harassment  

Code of Student Conduct 
Student Affairs Helping Students Guide
Office of Student Coduct

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