Behavioral Intervention and Threat Assessment

1. PURPOSE

Brigham Young University–Hawaii (“BYU–Hawaii” or “university”) strives to provide a learning environment that is safe and supportive of students being free from harm. This policy and its implementing procedures guide the university’s evaluation of and response to disruptive, threatening, potentially harmful, or other concerning conduct or behavior by individuals on campus or while participating in university programs or activities.

2. POLICY

Individuals who engage in Disruptive Behavior may be subject to university discipline. This may include, but is not limited to, counseling and restitution; sanctions, such as warning, probation, suspension, or dismissal from the university; bans from campus property; and, if warranted, referral for criminal prosecution.

3. IMPLEMENTATION

3.1 Definitions

3.1.1 Disruptive Behavior

Disruptive Behavior means any behavior or conduct that significantly interferes with the educational process, the educational environment (including housing), or the administrative functions of the university. Disruptive Behavior can potentially affect a wide range of people, including the person who engages in the behavior, students, roommates, employees, and campus visitors.

3.2  Examples of Disruptive Behavior 

Disruptive Behavior may include, but is not limited to: intimidating, threatening, harassing, or violent behavior; abuse of administrative processes; abuse of university or individual resources; disregard or non-compliance with established policies and procedures or medical advice; or conduct or action that is likely to endanger the health, safety, or welfare of any individual. Disruptive Behavior may take the form of physical acts, oral or written statements gestures, or expressions that communicate direct or indirect threats of harm or disruption. Disruptive Behavior is inconsistent with the values of BYU–Hawaii and may be in violation of the CES Honor Code or other university policies (e.g., Personnel Conduct policy, Sex Discrimination policy). The determination of whether conduct rises to the level of Disruptive Behavior is determined on a case-by-case basis with reference to the relevant facts and circumstances.

The following list is not exhaustive but is intended to provide examples of various types of Disruptive Behavior that may result in university action:

1. Conduct or threats that may pose a danger to the health, safety, or welfare of any individual, including but not limited to actual or threatened physical injury, self-harm, or attempted suicide. 
   
2. Conduct or threats that cause, or are intended to cause, others to reasonably be apprehensive or fearful for their safety, the safety of others, or damage to property. 
   
3. Conduct that is disruptive to the educational environment (e.g., disruptions in housing or at university events, obstructing the movement of others on campus or access to campus facilities). 
   
4. Conduct that is disruptive to the educational process or administrative functions of the institution (e.g., abuse of institutional resources or
5. processes). 
   
6. Conduct that is disruptive or inappropriate in a situation where the student is representing the university (e.g., while working in an internship, while participating in a competition or other public performance). 
   
7. Conduct that is intended to intimidate, harass, or verbally abuse, haze, or degrade others (e.g., repeated, unwanted contact, including stalking and harassing telephone calls, texts, or emails). 
   
8. Disorderly, lewd, indecent, or obscene conduct or expressions. 
   
9. Unauthorized entry, possession, or use of university facilities or property, including vandalizing or damaging university property or converting university property to an unintended use. 
   
10. Failure to comply with directions of university officials, including security officers, who are acting in good faith and in performance of their duties. 
    
11. Making accusations that are intentionally false against a member of the campus community, or that are made with reckless disregard for the truth. 
    
12. Breach of the peace (e.g., an unauthorized demonstration on campus, an unauthorized use of sound amplification equipment in a manner that disturbs the privacy of others and/or the instructional programs of the university). 
    
13. Flagrant or repeated violations of university policy or process, rules, and regulations. 
    
14. Unauthorized possessing or brandishing of a weapon. 
    
15. Hate speech or other derogatory speech. 
    
16. Retaliation against those who report such conduct to university administrators. 

3.3 Reporting Disruptive Behavior

The Behavioral Intervention and Threat Assessment (BITA) Committee receives reports of Disruptive Behavior from any sources and makes appropriate determinations, based on the status of the individual (e.g., visitor, employee, student) reported to have engaged in the behavior, as to which process the university should follow to address the behavior. The BITA Committee serves primarily as an intake and referral body and does not itself take disciplinary action against any individual. The committee may also share reports of Disruptive Behavior with, or gather additional information from, university administration, law enforcement officials, or others as it sees fit.

Notwithstanding the foregoing, nothing in this policy prohibits Disruptive Behavior from being addressed directly, alternatively, or concurrently through other applicable university policies (e.g., Sex Discrimination policy, CES Honor Code, Banning policy). For instance, this policy does not prohibit an authorized university employee from issuing a temporary ban or the university’s Banning Committee from issuing a permanent ban pursuant to the Banning policy based on conduct that may be considered Disruptive Behavior.

All members of the BYU–Hawaii community are encouraged to be alert to and report violent or disruptive acts on campus. Disruptive Behavior that poses an immediate threat of harm to any individual’s health, safety, or welfare should be immediately reported to the Campus Security (808 675-3911) or to the Honolulu Police (911). Other Disruptive Behavior that does not pose an immediate threat of harm should be reported to the dean of students or another campus administrator, or through Report a Concern on the university’s website.

3.4 Disruptive Behavior by Campus Visitors

The BITA committee will forward reports of Disruptive Behavior by campus visitors to the Banning Committee to determine whether the behavior should result in a ban from campus (see Banning policy).

3.5 Disruptive Behavior by Campus Workers

The BITA committee will forward reports of Disruptive Behavior by non-student employees, volunteers, or contractors to Human Resources for handling per applicable university policies (e.g., Personnel Conduct policy, Faculty Handbook, contract requirements).

3.6 Disruptive Behavior by Students

Students are responsible for ensuring that their personal conduct is appropriate and consistent with the CES Honor Code.

The university recognizes that differing levels of intervention exist for addressing student Disruptive Behavior depending on the level of threat or disruption, the intent of the student engaging in the behavior, and the willingness and ability of the disruptive student to manage the behavior. Generally, the university will attempt to intervene in a way that addresses the Disruptive Behavior and allows the student who engaged in the behavior to remain enrolled at the university. However, notwithstanding the foregoing, where supportive measures do not appear to be able to address a significant disruption, or where there is a sufficiently high level of threat to an individual or campus safety, the university may take disciplinary action or involuntary withdraw the student from the university.

Students with disabilities are responsible for their Disruptive Behavior. In cases involving a student with a disability, including mental disabilities, this policy operates to make determinations based upon the student’s behavior, including meeting a basic standard of self-care (see Conduct Assessment, Response and Evaluation Procedures) rather than upon the individual’s status of having a disability.

3.6.1 Initial Assessment

Upon receiving a report of concerning student behavior, the BITA Committee conducts a preliminary, individualized assessment that guides the university’s initial response. In doing so, the committee reviews the information from the report and may also review the student’s academic and other university records. The committee may evaluate the student’s conduct, the possible intent of the student in engaging in the conduct, and the likely outcomes or disruptions resulting from the behavior. The committee may also consult, as it deems appropriate, other university units as part of its assessment, such as:

• Counseling Services 
• Health Services
• BYU Office of General Counsel 

Except in cases where the type of Disruptive Behavior is specifically governed under other university policies and procedures, such as the Sex Discrimination policy, the committee will assign the case for proceedings under one of the two options below.

3.6.1.1 CAMPUS ASSESSMENT RESPONSE EVALUATION (CARE) PROCEDURES

Where the student does not pose an immediate threat of harm, and the BITA Committee believes that the Disruptive Behavior could be addressed successfully through supportive, non-disciplinary intervention, the committee refers the report to the Campus Assessment Response Evaluation (CARE) Team to address the behavior through the CARE Procedures.

The CARE Team response is a supportive intervention meant to identify causes and concerns that have resulted in concerning student behaviors, educate and encourage the student or other involved individuals, and connect students with resources to promote health, safety, and well-being. Efforts to assist students through the CARE Procedures may include counseling and education, referral to support units and other resources, behavioral contracts, and other follow-up supportive measures.

3.6.1.2 HONOR CODE INVESTIGATION AND ADMINISTRATIVE REVIEW PROCESS

Where the BITA Committee determines that the student Disruptive Behavior is egregious or repeated, or where there is a sufficiently high level of threat or concern, the committee refers the report to the Office of Honor for disciplinary review under the Honor Code Investigation and Administrative Review Process. This process could result in the student being disciplined by the Office of Honor, up to and including separation from the university.

At any time during the disciplinary review process, the Office of Honor may elect to terminate its review and, if deemed appropriate, refer the report of Disruptive Behavior to the university’s CARE Team to address under the CARE Procedures. The university may also initiate an Honor Code disciplinary review process after intervention efforts with the CARE Team have not successfully addressed the Disruptive Behavior. For example, if a student receives supportive measures through the CARE Procedures but then violates a CARE plan or continues to exhibit Disruptive Behavior, the university may implement disciplinary measures through the Honor Code Investigation and Administrative Review Process.

3.7 Allegations of Sexual Harassment

In the event that: (a) a report of Disruptive Behavior alleges sexual harassment, as defined by university’s Sex Discrimination policy; or (b) an allegation of sexual harassment arises during the course of a disciplinary investigation of Disruptive Behavior under this policy, such a report or allegation shall immediately be referred to the university’s Title IX Office for review pursuant to the Sex Discrimination policy.

3.8 Nondiscrimination

Consistent with its Nondiscrimination and Equal Opportunity policy, the university prohibits unlawful discrimination on the basis of any type of disability in the administration of the university’s programs and activities. The university offers a range of resources, support services, and accommodations to address the physical and mental health needs of students and employees, and this policy will be applied in a nondiscriminatory manner.

3.9 Timely Warning and Emergency Notification

When appropriate, the BITA Committee will notify the university’s Timely Warning and Emergency Notification Committee of incidents for which the campus community may need to receive emergency information (see Emergency Notifications to Campus Community policy).

4. RELATED POLICIES AND PROCEDURES

• Banning
• CES Honor Code 
• Conduct Assessment, Response and Evaluation Procedures
• Disruptive Student Conduct
• Emergency Notifications to Campus Community
• Honor Code Investigation and Administrative Review Process
• Nondiscrimination and Equal Opportunity
• Personnel Conduct
• Report a Concern
• Sex Discrimination
• Weapons