I. Purpose
UNC Asheville is committed to maintaining a safe, secure learning environment in which students and employees can all learn, teach, 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 are adverse to the University’s mission.
II. Scope
This policy establishes a process for the timely and safe interventions directed at individuals who may pose credible potential threats of harm to the community or may disrupt or impede the lawful activities and educational processes of the University.
III. Definitions
The following definitions apply to this policy:
A. Behavioral Evaluation and Threat Assessment team (BETA) – A multidisciplinary team appointed by the Chancellor, including representatives from student affairs, law enforcement, human resources, health and counseling services, residence life, and other constituencies as needed, that conducts assessments and evaluations at UNC Asheville when potential threats have been communicated and/or when a member of the university community has engaged in behavior that warrants evaluation.
B. Threatening behavior – 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 cause fear 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 received by the intended audience or believed by the intended audience.
III. BETA Committee Charge:
A. The BETA Team is charged with:
- Evaluating whether students, employees, or others have engaged in threatening behavior or exhibited potentially threatening behaviors that may pose a risk of harm to the community;
- Recommending appropriate safety interventions to mitigate any such risk; and
- Monitoring and reviewing any ongoing safety interventions.
B. Threat Assessment Team Members:
- Associate Vice Chancellor for Student Affairs, Chair
- Assistant Vice Chancellor for Student Affairs/Chief Housing Officer, Vice-Chair
- Associate Vice Chancellor for Human Resources/Chief Human Resources Officer
- Assistant Vice Chancellor for Student Affairs/Chief Health & Counseling Officer
- Dean of Students, or designee
- Chief of Police, or designee
- Title IX Coordinator, or designee
- Vice Chancellor for Student Affairs
- Vice Chancellor for Academic Affairs, or designee
- General Counsel, provides legal guidance to the threat assessment and management team
Anyone from the above listed members may request the Chair, Vice Chair, or VCSA convene the group. Requested convenings will be scheduled as quickly as possible. schedule a meeting for as soon as possible. Human Resource, Academic Affairs, and Title IX members may be requested depending on the case and circumstances.
IV. Procedures for Threat Assessment Review:
Threat assessment and management teams shall utilize best practices, based on accepted national standards, in evaluating potential threats, and shall have access to student and employee records where necessary and appropriate. Access to student and employee records shall be in compliance with all relevant and applicable state and federal laws, including but not limited to the federal Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA). Team members who are not university employees may review student records as provided in 34 CFR §99.31(a)(1)(i)(B) pursuant to a written agreement with the institution including the requirements and responsibilities for use of student records under FERPA.
Threat assessment reviews may occur simultaneously with other applicable proceedings, such as employee investigations, student disciplinary processes, or external legal proceedings.
BETA referrals are submitted to the Chair for review and determination. The Chair may confer with members of BETA before determining if BETA will convene to review the referral. Depending on the urgency, immediate actions may be taken prior to BETA convening.
BETA may use the following procedures for assessments and determinations:
- Consultation with the referring individual
- Review of previous care or support measures
- Identify potential resources or support
- Evaluate the severity of the referral
- Make contact with the subject of the referral
- Make contact with campus entities regarding past conduct of the referral subject.
- Connect the referral subject with appropriate resources
- Request or require additional assessment of the referral subject in order to ensure the safety of the campus community.
In conducting the threat assessment, the BETA team may consider any information deemed relevant by the BETA team to protect the safety of the campus community, including information regarding threatening behavior both on and off campus.
The BETA team will monitor situations in which safety intervention measures have been imposed to ensure adequate resources have been made available and to periodically reassess such situations as needed, including monitoring and assessing time frames and conditions for the return to campus of any student or employee who has been removed from campus as a safety intervention.
When possible and appropriate, the BETA Team member may provide an update to the person making the referral on the actions that have been taken. The amount of information that is able to be shared in any update is limited substantially by federal privacy laws (including FERPA).
V. Recommended Interventions:
Upon completion of a threat assessment review, the BETA team shall recommend appropriate safety interventions to the appropriate administrator with the authority to implement the recommended interventions. Such safety interventions are not disciplinary in nature and may include, but are not limited to, the development of an individualized case management plan, voluntary withdrawal or extended leave, involuntary withdrawal or extended leave, or interim separation. The recommendation of the BETA team may be changed or modified by the vice chancellor for student affairs and the chancellor in his or her sole discretion, subject to any legal limitations.
In conducting the threat assessment review and determining appropriate interventions, the BETA team shall prioritize both the safety or well-being of the campus community, including the individual whose actions are being assessed, and the safety and security of university property.
Employee misconduct and student misconduct proceedings, including academic misconduct proceedings, may continue while an individual is subject to any safety interventions.
After the implementation of appropriate safety interventions, the BETA team shall continue to monitor the individual’s situation to ensure appropriate resources are provided, and to periodically reassess the continued need and appropriateness of the interventions.
VI. Interim removal from university property
In certain circumstances, the BETA team may determine that appropriate safety interventions may include the temporary removal of a student, employee, or others from university property. Interim removal will be in accordance with applicable policies.
A. Employees
In accordance with other UNC System and UNC Asheville policies, employees engaging in threatening behavior may be placed on investigatory leave with pay or administrative leave with pay, or may otherwise be subjected to other interim measures of a non-disciplinary nature (i.e., reassignment).
B. Students
When the BETA team determines that a student presents an imminent threat to the health or safety of any member of the University community, including themself, the BETA team may make a recommendation to remove the student from any or all University premises for a temporary time period. Such an interim separation is not a penalty or a disciplinary consequence, but a safety intervention taken to protect the University community. Interim separation may be enacted by the appropriate administrator upon the recommendation of the BETA team as part of the safety intervention process, or by the chancellor in his or her sole discretion based on the chancellor’s review of the evidence considered by the BETA team. Nothing in this policy supersedes or amends institutional disciplinary proceedings under the institution’s Student Code of Responsibility.
Interim separation shall be presumed to be an appropriate safety intervention when a student 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. 14-277.6; inciting a riot in violation of N.C.G.S. 14- 288.2; assault on emergency personnel 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 BETA team may determine that interim separation is an appropriate safety intervention. The BETA team may recommend interim separation in accordance with applicable university policies to the Vice Chancellor for Student Affairs, or designee. The Vice Chancellor or designee’s determination is appealable to the chancellor. The appeal decision of the chancellor shall be final.The chancellor may independently impose an interim separation based on their review of the evidence considered by the threat assessment team. When interim separation is imposed by the chancellor the decision shall be final.
VII. Annual Training
Mandated annual training for BETA team members is required.
VIII. Records Retention
Records for any BETA team case will be maintained for a time period of at least seven years after the original incident has taken place. Records will be kept in a database that is maintained consistently by the BETA team.