Workplace Violence Prevention and Threat Assessment Team

Scope

This policy adheres to Virginia Code § 23.1-805 and covers the workplace violence and the college Threat Assessment Team (TAT).  TAT is comprised of representatives of student affairs, law enforcement, security services, human resources, a mental health professional and others who have knowledge, professional expertise, or responsibilities that could assist the team with completing its work and shall consult with legal counsel as needed. However, in all cases the membership of the TAT must comply with the requirements of Virginia Code § 23.1-805. The TAT also serves as the Violence Prevention Committee (VPC). 

Responsibilites

The Office of Human Resources, the Security Manager, Dean of Students, law enforcement, and representatives from student affairs and faculty are responsible for this policy. This policy applies to all faculty, staff, students, visitors, contractors, individuals and other third parties.  

Definitions

Articulable and Significant Threat of Violence: A knowing and willful statement or course of conduct that would cause a reasonable person to believe that someone is under a threat of an actual, impending, or imminent emergency involving death or serious bodily injury to others.

Mental Health Professional: A person who by education and experience is professionally qualified to provide counseling interventions designed to facilitate an individual’s achievement of human development goals and remediate mental, emotional, or behavioral disorders and associated distresses which interfere with mental health and development. A mental health professional who serves on a threat assessment team may be an employee or member of the community.

Third Parties: Individuals who are not VCCS employees or currently enrolled students, such as relatives, acquaintances, strangers, contractors, or visitors.

Threat of Violence: A knowing and willful statement or course of conduct that would cause a reasonable person to believe that person, including the person making the statement or course of conduct, is under threat of death or serious bodily injury.

Workplace:  Any location, either permanent or temporary, where an employee performs any work-related duty.  This includes, but is not limited to, the buildings and the surrounding perimeters, including the parking lots, field locations, alternate work locations (other than an individual’s home when telecommuting), and travel to and from work assignments.

Workplace Violence:  Any physical assault or threatening behavior occurring in the workplace by employees, students, or third parties.  It includes, but is not limited to, beating, stabbing, suicide, shooting, rape, attempted suicide, psychological trauma such as threats, obscene phone calls, intentionally damaging property, an intimidating presence which makes a reasonable person apprehensive of imminent harm, and harassment of any nature such as stalking, shouting so as to cause a disruption, swearing or committing injurious acts motivated by, or related to, domestic violence or sexual harassment.

Policy

1. The college is concerned about the safety, health and well-being of all of its students, faculty and staff. In adherence to Virginia Code § 23.1-805, the college has established a Threat Assessment Team (TAT) comprised of representatives of student affairs, law enforcement, security services, human resources, a mental health professional, and others who have knowlwdge, professional expertise, or responsibilities that could assist the TAT with completing its work. The TAT meets on a regular basis under the leadership of the Dean of Students and the Security Manager.
2. The TAT is charged with addressing all reported behavioral issues which occur on the college campus, at an off-site location, online or on an electronic site, including e-mail, blogs, social media, and Canvas postings. Off-campus and electronic, social media or online behavior of students, staff, faculty, individuals or third parties may be considered and investigated by the TAT in instances where a threat is thought to exist to the college community.
3. The mission of the college TAT is to facilitate a safe college community through a coordinated, systemic, collaborative, objective, unbiased, thoughtful, and proactive approach, with strong emphasis on prevention through identification of the potential threats, assessments of said threats, interventions, management and follow up of any and all situations that pose or are thought to pose potential threats to the safety and well-being of individuals on campus as well as to the college community.  
4. The college prohibits threats and acts of violence on college property, the college facilities, and at any college-sponsored event, while engaged in college business, educational, or athletic activities, and while traveling in state vehicles.  Prohibited conduct includes but is not limited to:
   1. injuring another person physically;
   2. engaging in behavior that creates a reasonable fear of injury to self or another person;
   3. engaging in behavior that would subject a reasonable person to, and does subject another individual to, extreme emotional distress;
   4. possessing, brandishing, or using a weapon while on state premises by students, except where possession is a result of participation in an organized and scheduled instructional exercise for a course, or where the student is a law enforcement professional, or when the weapon is secured in the student’s vehicle;
   5. possessing, brandishing, or using a firearm, weapon, or other device by faculty or staff that is not required by the individual’s position while on college/system office property or engaged in college/system office business; or in violation of law or other college/system office policy, except where the employee is a law enforcement professional, and except when the weapon is secured in the employee’s vehicle;
   6. brandishing, using or possessing a weapon by third parties while on campus in academic or administrative buildings, and places of like kind where people congregate, or while attending a sporting, entertainment or educational event.  This provision does not apply to law enforcement personnel;
   7. intentionally damaging property;
   8. threatening to injure an individual (including oneself) or to damage property;
   9. committing injurious acts motivated by, or related to, domestic violence or sexual harassment; and
   10. retaliating against any employee or student who, in good faith, reports a violation of this policy.
   11. See Student Conduct in the College Catalog/Student Handbook for additional information specific to student conduct.
5. Students are covered under additional provisions in the college Student Handbook to include:
   1. 19.19.10 Student Rights and Responsibilities
   2. 19.19.11 Student Code of Conduct
   3. 19.19.12 Student Disciplinary Policies and Procedures
   4. 19.19.13 Policy on Sexual Harassment
   5. 6.6.21 Admissions of Individuals on the Sex Offender and Crimes Against Minors Registry

Threat Assessment Team:

1. The college has established a violence prevention committee (VPC) and threat assessment team (TAT) with responsibility for education and violence prevention on campus. The membership includes representatives from the following areas: student affairs, human resources, law enforcement, a memtal health professional, and others who have knowledge, professional expertise, or responsibilities that could assist the committee and team with completing its work and shall consult with legal counsel as needed. However, in all cases the membership of the committee and team must comply with the requirements of Virginia Code § 23.1-805. At least four (4) members of the VPC and TAT shall be present during the team meetings in which decisions are being made regarding recommendations on cases. The TAT shall invite VCCS legal counsel to provide legal advice. The TAT may invite other representatives from campus to participate in individual cases, but no such representative shall be considered a member of TAT.
2. The VPC and TAT has published for the college community, a clear statement of its mission and membership, as well as the committee’s leadership role in the area of violence prevention. 
3. The VPC and TAT has published periodic guidance to faculty, staff and students regarding the following:
   1. how to recognize and report aberrant or potentially harmful behavior that may represent a threat to the community;
   2. to whom on the college’s TAT potentially threatening behavior shall be reported and under which circumstances faculty and staff are required to report such behavior;
   3. Policies and procedures for the following:
      1. the assessment of individuals whose behavior may present a threat;
      2. appropriate means of intervention with such individuals; and
      3. actions to resolve potential threats, including but not limited to interim  suspension, referrals to community services boards or health care providers, and medical separation to resolve potential physical threats, and notification of family members or guardians, or both, unless such notification would prove harmful to the individual in question, consistent with state and federal law. The college has established policies and procedures for interim suspension and medical separation that include procedures to ensure due process.

Consequences of Policy Violations:

1. Employees violating this policy will be subject to disciplinary action up to and including termination and criminal prosecution using existing policies and procedures including Section 3 of the VCCS Policy Manual or DHRM Policy 1.60 Standards of Conduct.  Additionally, employees who are identified as engaging in the use of threatening language or behavior may be required, as a condition of continued employment, to participate in a mental health evaluation as part of a threat assessment process and receive approval from the mental health evaluator that they are not a risk to themselves or others.
2. Students violating this policy will be subject to disciplinary action as outlined in the college Student Handbook, and other college policies as appropriate. Additionally, students who are identified as engaging in the use of threatening language or behavior may be required, as a condition of continued enrollment, to participate in a mental health evaluation or assessment of dangerousness as part of a threat assessment process and receive approval from the mental health evaluator that they are not a risk to themselves or others.
3. To mitigate risk, students may be suspended on an interim basis if it is believed that a direct threat to other students, faculty, staff or to the public exists, or if the student’s behavior creates a serious disruption to normal College operations. If the student is enrolled in classes at the time of the interim suspension and it is deemed through the TAT process that the student shall be allowed to return to campus, the TAT shall assist the student in gaining access to the college and the student’s faculty shall forgive the absences that occurred during the interim suspension and assist the student in making up any missed work. Academic and/or financial decisions as a result of the interim suspension are the responsibility of the student.
   • In the event that a student fails to comply with the recommendation of the TAT, the student may be referred to the Judicial Affairs process.
4. Third parties violating this policy will be subject to applicable, state, federal laws, and associated regulations, and may be barred from the college for violating this policy.

Reporting or responding to threats or incidents of workplace violence:

Employee and student responsibilities should include:

1. Reporting incidents or threats of violence to their immediate supervisor, Human Resource Office, Campus Community Resource Officers/Security, Threat Assessment Team members, or Dean of Students office staff.
2. Providing Threat Assessment Team members, Community Resource Officers, Security or Dean of Students with a copy of any Protective Orders from a court which lists specific Brightpoint property as protected areas so that appropriate enforcement activities occur.
3. No person who, in good faith, reports threatening or otherwise troubling behavior in accordance with this policy will be subject to retaliation.

Management Responsibilities include:

1. Designate a Workforce Violence Prevention Coordinator.
2. Members of the Threat Assessment Team coordinate Workforce Violence Prevention.
3. The TAT serves as the Violence Prevention Committee (VPC) and complies with § 23-1-805 of the Code of Virginia.  The Threat Assessment Team remains able to quickly receive information about, assess, and respond to potential threats that are reported in accordance with its policies, and to determine corrective actions and prepare necessary reports on given situations.  TAT/VPC publishes education and prevention information and recommend ways to, (1) respond to incidents, (2) investigate all reported incidents of workplace violence, and (3) determine the appropriate response and the actions necessary to address a particular situation.
4. The college must obtain the name(s) of an emergency clinician at each Community Services Board (CSB) in the college’s service region to serve as a contact person. The college president has designated two menbers of the TAT with responsibility for communication with the CSB contact persons(s) to prepare for and respond to emergency situations. The college will request an assessment with a qualified mental health provider to determine whether a student, faculty or staff member poses a threat of violence to self or others.

Threat Assessment Team Responsibilities include:

1. Establishing or utilizing existing relationships with local and state law-enforcement agencies as well as mental health agencies to ensure compliance with § 23.1-805 of the Code of Virginia, and expedite assessment and intervention with individuals whose behavior may present a threat to campus safety.
2. Upon a preliminary determination that an individual poses a threat of violence to self or others, or exhibits significantly disruptive behavior or need for assistance, a threat assessment team may obtain criminal history record information, as provided in Virginia Code §§ 19.2-389 and 19.2-389.1, and health records, as provided in § 32.1-127.1:03.
3. Upon a preliminary determination that an individual poses an articulable and significant threat of violence to others, the threat assessment team (TAT)  shall:
   1. Obtain any available criminal history record information as provided in § § 19.2-389 and 19.2-389.1 and any available health records as provided in § 32.1-127.1:03.
   2. Within 24 hours of making such preliminary determination , notify in writing (i) campus security, (ii) the local law enforcement agency where the college is located, (iii) the local law enforcement where the individual resides, (iv) if known to TAT, the local law enforcement where the individual is located, and (v) the local Commonwealth’s Attorney in any jursidiction where the TAT has notified local law enforcement; and,
   3. Disclose any specific threat of violence posed by the individual as part of such notification.
4. No member of TAT or invited representative shall disclose any criminal history record information or health information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which such disclosure was made to the TAT.
5. Each TAT member shall complete a minimum of eight hours of initial training within 12 months of appointment to the TAT and shall complete a minimum of two hours of threat assessment training each academic year therafter. Training shall be conducted by the Department of Criminal Justice Services (DCJS) or an independent entity approved by the DCJS.
6. When otherwise consistent with applicable state and federal law, if the college has reliable knowledge that a student or employee who was determined pursuant to an investigation by the college’s TAT to pose an articulable and significant threat of violence to others is transferring to another institution of higher education or place of employment, the college from which the individual is transferring shall notify the other institution or place of employment to which the individual is transferring of such investigation and determination. The college will consult with legal counsel prior to making such notification.

Communication and Training:

1. The Workplace Violence Prevention and Threat Assessment Policy is posted on the college website on the Threat Assessment Team (TAT) webpage. 
2. The TAT webpage includes instructions on recognizing and reporting aberrant or potentially harmful behavior that may represent a threat to the community and to whom on the threat assessment team potentially threatening behavior should be reported and under which circumstances faculty and staff are required to report such behavior.

Student Permanent Records 

There will be a record of any disciplinary actions, as described below. Also described are amending records.  

• Disciplinary Transcript Notations: 

  • To alert other institutions of higher education of a student who was dismissed for exhibiting threatening or dangerous behavior, or otherwise has committed an act of misconduct, the college may place a statement on the transcript, which shall state “Misconduct Dismissal.”  

  • Prior to making any disciplinary notation on a transcript, the college shall notify the student in writing of such action and give the student the right to appeal as outlined in this policy.  

• Student Information System (SIS) Records Indicators: 

  • In addition to the above, the college may place on a student’s SIS record an XTA service indicator when a student is dismissed for misconduct, exhibits threatening behavior, or is determined to be a potential threat. Colleges shall use the XTA indicator only after a threat assessment team has made a determination that the student poses a threat to the campus community as outlined in this policy. 

• Amending Student Records: 

  • Under the provisions of the Family Educational Rights and Privacy Act (FERPA), students must have an opportunity to challenge the accuracy of the information that led to the application of the indicator to their record at the college placing the indicator. The challenge may only address the accuracy of the information, any misleading information, or a violation of the student’s privacy rights.  

  • The college shall decide whether to amend the record as requested within a reasonable time after the college receives the request. If the college decides not to amend the record as requested, it shall inform the student of its decision and of their right to a hearing.  

  • If the student prevails at the hearing, the record shall be corrected and the indicator should be removed, unless other facts support the continued use of the indicator.  

  • If the college prevails, the student has the right to place a statement in their record challenging the college’s actions.  

  • The college must maintain the statement with the contested part of the record for as long as the record is maintained and disclose the statement whenever it discloses the portion of the record to which the statement relates.

  • Students wishing to challenge the accuracy of information may do so by contacting the Dean of Students.  

• Use of Service Indicators in Admission Decisions: 

  • If a student with an XTA on their student record at one Virginia community college applies to another community college (“the new college”) within the VCCS, the new college shall conduct an independent threat assessment to determine whether the applicant continues to pose a threat to the campus community. 

Procedures:

1. Any faculty, staff, or student who believes a student, staff member, faculty member, third party or individual’s behavior on campus is of concern or threatening or who learns information regarding a student, staff, faculty member, third party or individual that may present a threat to the community should contact the Dean of Students office, Security, Community Resource Officers or Human Resources and/or complete the  college threat assessment referral form located at https://cm.maxient.com/reportingform.php?BrightpointCC&layout_id=2 .
2. In the event that the behavior is an immediate threat to the safety of the college community, security should be notified immediately.  911 may be called in addition to notifying security.
3. The Dean of Students or designee or in cases involving staff or faculty, the Vice President of Operations or designee and other needed members of the TAT will review the complaints/concerns/issues and determine the appropriate process to be initiated.
   1. If the behavior is a violation of the student code of conduct the student disciplinary policies and procedures will be initiated.
   2. If the behavior is gender based to include sexual violence, dating violence, domestic violence and stalking the college Title IX policy may be initiated. Violations regarding this policy may be reviewed by both the Title IX Review Team and the TAT
   3. If the student or individual desiring admission to the college is on the sex offender and crimes against minors registry the policy on the admissions of individuals on the sex offender and crimes against minors registry will be initiated.

4. The Dean of Students or designee will lead the team discussion. At least four (4) members of the TAT shall be present during the team meetings in which decisions are being made regarding recommendations on cases. VCCS legal counsel shall be consulted regarding recommendations.

5. The team members may determine that, owing to the alleged behavior, a meeting may be scheduled for the student, staff, faculty, third party or individual to meet with a team member or other individual as determined by the team. During this meeting a signature on a release of information may be requested in order for the TAT to gather additional information from sources outside of the college community.

6. Team members will interview, if needed to gather additional information for team consideration, the individual(s) who reported the behavior and others who may have information or input regarding the behavior.

7. In some cases, the student, staff member, faculty member, individual or third party may be required to participate in a mental health evaluation or assessment of dangerousness as part of a threat assessment process and receive approval from the mental health evaluator that they are not a risk to themselves or others. The mental health evaluator may be responsible for obtaining and reviewing any mental health records.

8. After gathering all requested/needed information the team will review the information and make a recommendation regarding the status of the student, staff member, faculty member, third party or individual with the college. The nature, severity and frequency of the behavior and the risk level associated with the behavior will be considered as well as options available to assist the student, staff member, faculty member, third party or individual with the behavior.

9. Any recommendations regarding dismissal from the college and a ban from the college of a student, third party or individual will be forwarded to the Vice President of Student Affairs or designee for a final decision. After obtaining the decision, the TAT will notify the student, third party or individual in writing of the decision, of the transcript notation (see student permanent records section of this policy) and will offer the opportunity to appeal as outlined in this policy. TAT or a designee will consult with VCCS legal counsel prior to making any notifications.

10. Any recommendation regarding the status of a staff member or faculty member will be forwarded to the Vice President of Operations or designee for further action.

Appeals:

1. The student, third party or individual may appeal the decision of the Vice President of Student Affairs or, in cases of employee dismissals, may appeal the decision of the Vice President of Operations in writing to the Dean of Students within ten (10) business days of the notification of the dismissal. An appeal may be filed based on one (1) or more of the following:
   1. New information is available that might affect the outcome of the decision
   2. Excessive recommendations by the TAT
   3. Violation of due process or procedures outlined in this policy
   • All appeals should include documentation to support the claim made by the student, third party, individual, staff member or faculty member.

2. The Dean of Students will present the appeal in addition to all information gathered by the TAT to the appropriate Vice President. The appropriate Vice President will review the information and communicate the decision in writing within ten (10) business days of the date the appeal was submitted by the student/third party /individual/staff member/faculty member. This decision is final and cannot be appealed.