Threatening Behavior Consultation UPPS No. 07.10.05 (NEW)

and Assessment Team Issue No. 1

Effective Date: 4/1/2004

Review: April 1 E3Y

01. POLICY STATEMENTS

01.01 We at Texas State are committed to recruiting and retaining a heterogeneous and qualified student body, and providing services which enhance their personal development and contribute to the fulfillment of their goals. The following procedure contributes to the implementation of this policy.

02. PURPOSE

02.01 This policy establishes the Threatening Behavior Consultation and Assessment Team as an official university team, and establishes official policy for team responsibilities and operations.

02.02 This policy also outlines procedures for team consultation with university faculty and staff who are concerned about the behavior of a student who is potentially dangerous to self and/or others or is extremely disruptive/threatening.

03. TEAM PURPOSE AND RESPONSIBILITIES

03.01 The purpose of the Threatening Behavior Consultation and Assessment Team is to provide consultation to university administration, faculty and staff regarding the behavior of a student who is potentially dangerous to self and/or others or is extremely disruptive/threatening. Specifically, the charge for this team is to:

a. Assess situations involving a student who poses a potential risk of harm to persons or property in the university community or is of substantial disruption to university activities in accord with policies stated in the Student Code of Conduct.

b. Consult with administration, faculty, staff and other students affected by the inappropriate behaviors of a disruptive student.

c. Coordinate the university response to a violent, threatening, or significantly disruptive student.

d. Develop a specific strategy to manage the threatening or disruptive behavior with regard to safety and rights of others and minimize the disruption to the university community.

e. Make recommendations to university officials on appropriate action consistent with university policy and procedure statements (UPPS) and with state and federal law.

04. TEAM COMPOSITION

04.01 The Team reports to the Vice President for Student Affairs through the Assistant Vice President for Student Affairs/Dean of Students.

04.02 The Team will be chaired by the Assistant Dean of Students/Coordinator of Student Justice. The core members of the team will include:

a. Director of the Counseling Center or designated representative

b. Director of University Police or designated representative

c. Student Ombudsman

04.03 An Academic Affairs representative, appointed each year by the Vice President for Academic Affairs, will serve on the team in all situations which involve or affect faculty, and/or academic administration, and/or which involve classroom behavior or other academic activity.

04.04 The Team will consult with the University Attorney as needed. The University Attorney will serve on the team in situations where there are obvious legal issues and concerns.

04.05 Other university officials who may be asked by the Vice President for Student Affairs to serve on the team, in specific situations as needed, include but are not limited to:

a. Dean of Students

b. Campus Psychiatrist

c. Director of Student Health

d. Director, Office of Disability Services

e. Director of Residence Life or designated representative

e. Director of Human Resources or designated representative

f. Office of Media Relations representative

05. OPERATIONS AND PROCEDURE GUIDELINES FOR CASE MANAGEMENT

05.01 Each year, at the beginning of the fall semester, the Dean of Students will send a notice to faculty and staff, through appropriate communication channels to notify them that the team is available to them for consultation when they are concerned about the potentially harmful, threatening, or disruptive behavior of a student or students. The notice will be presented as a “proactive measure” and will include the procedure for requesting a team consultation.

05.02 Issues or situations may be referred to any team member by any member of the campus community. The preferred method of referral is to the Assistant Dean of Students/Coordinator of Student Justice. If a criminal act has occurred or has been discovered during the course of the team’s inquiry, the University Police shall be notified immediately and advised of the incident. The University Police Department’s Criminal Investigation Division (CID) will then conduct an official investigation.

05.03 In time-sensitive high-risk situations, a special team meeting may be called by any member.

05.04 All meetings will be chaired by the Assistant Dean of Students/Coordinator of Student Justice. In the event the Assistant Dean of Students/ Coordinator of Student Justice is unavailable to chair a meeting, the meeting will be chaired by the Dean of Students or a core member of the Team as determined by the Vice President for Student Affairs.

05.05 The Team will meet with affected members of the campus community who desire to discuss the situation with the Team.

05.06 The desired outcome of a consultation meeting is a recommended course of action based upon the Student Code of Conduct and/or appropriate UPPS document(s) to the affected members of the campus community, to the Assistant Dean of Students/Coordinator of Student Justice, and to university administration. Specific issues for consideration include the assessment of potential violence, evidence of mental illness as the possible cause of the behavior, containment of disruption, appropriate referral resources, setting appropriate behavioral boundaries within existing university policies, and specific departmental procedure or course of action.

05.07 Recommended departmental courses of action will be made only through appropriate administrative channels.

05.08 Courses of action recommended to departments are for consultation only. They are not binding and do not carry the force of university policy.

05.09 Following a case management situation and subsequent recommendation, the Team will meet to debrief and evaluate the outcome of the situation.

06. CASE INFORMATION AND CONFIDENTIALITY PROCEDURES

06.01 Members of the Team may provide each other or faculty/staff/students involved in a particular case, or outside parties in connection with the situation, with information as is necessary to protect the health, safety, and privacy of the student or other persons and to generate a recommendation for a course of action in accordance with applicable legal and professional standards of confidentiality and with UPPS No. 01.04.30, Release of Information Pursuant to the Texas Open Records Act and UPPS No. 01.04.31, Access to Student Records Pursuant to the Family Educational Rights Act and Privacy Act of 1974.

06.02 If the student involved in harmful, threatening, or disruptive activities is already a client of the Counseling Center and/or a patient of the Student Health Center, information about that student’s relationship may not be obtained by the Team from those agencies without written authorization of the student in question, in accord with federal and state law. Federal and state laws which govern the privacy and confidentiality of students’ health and mental health information and records include:

a. Health Insurance Portability and Accountability Act (Federal)

b. Psychologists Licensing Act (Texas)

c. Texas Health and Safety Code, Title 7, Ch. 611 Mental Health Records

d. Texas Health and Safety Code, Title 2, Ch. 181 Medical Records Privacy

06.03 The purpose of the team meetings is to provide consultation only. Therefore, official minutes and meeting records which contain identifying names or other identifying data will not be maintained.

07. REVIEWERS OF THIS UPPS

07.01 Reviewers of this UPPS include the following:

Position Date

Dr. John Garrison, Assistant Vice President April 1 E3Y

Student Affairs/Dean of Students

Dr. Rod Fluker, Assistant Dean of April 1 E3Y

Students/Coordinator of Student Justice

Dr. Greg Snodgrass, Director April 1 E3Y

Counseling Center

Mr. Ralph Meyer, Director April 1 E3Y

University Police Department

Mr. Jim Settle, Director April 1 E3Y

Residence Life

Mr. William L. Fly April 1 E3Y

University Attorney

Dr. Joanne Smith, Associate Vice President April 1 E3Y

for Student Affairs

Dr. Robert D. Gratz, Vice President for April 1 E3Y

Academic Affairs

08. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedures from the date of this document until superseded.

Dr. John Garrison, Assistant Vice President for Student Affairs/Dean of Students; senior reviewer of this UPPS

Dr. James D. Studer, Vice President for Student Affairs

Dr. Denise M. Trauth, President