Disruptive Behavior Policy
Disruptive Behavior Policy
Purpose of Policy
This policy is designed to provide additional guidance concerning the application of the Brigham Young University Hawaii Honor Code and other University policies in cases involving personnel, students, or visitors who engage in seriously disruptive behavior in an employment, academic, residential living, other University related environment, including, but not limited to off-campus housing or on University property, or who present a danger to themselves or others, or who engage in conduct threatening to themselves or others. (For information regarding disruptive behavior in the context of public demonstrations or general public expression, see University policy on Public Demonstrations or Protests on Campus.) This policy also creates a Disruptive Behavior Committee (see subheading below) and provides standards and procedures for dealing with particularly difficult cases and appeals involving students who have engaged in seriously disruptive behavior.
In cases involving individuals with disabilities, including mental disabilities, this policy will operate to make determinations based upon individuals’ behavior rather than upon their status of having disabilities.
Disruptive Behavior Committee
The Disruptive Behavior Committee is composed of representatives from the following BYUH departments and offices:
*For students and dependents: Honor Code Office, Counseling and Development Center, Student Housing Services, Services for Students with Disabilities Office, University Security, and the entity submitting the initial report of disruptive behavior.(Bishops, or other University Departments) The Director of the Honor Code Office will chair the Committee;
Procedures for Reporting Disruptive Conduct
*Personnel Reports: Reports involving a potential violation of this policy by University personnel, i.e., faculty, staff, administrative, should be directed to the personnel immediate supervisor or other appropriate University authority. In the case of faculty personnel, reports should also be forwarded to the Academic Vice President. In the case of administrative and staff personnel, reports should also be forwarded to Human Resources. The Academic Vice President or Human Resources will coordinate investigation and resolution of the matter, as the case may be. The Academic Vice President and Human Resources may create on an ad hoc basis, an advisory committee to assist them.
*Student Reports: Reports involving a potential violation of this policy by students or their dependents should be directed to the Honor Code Office. The Honor Code Office will conduct a preliminary investigation according to standard Honor Code Office procedures. If the Honor Code Office determines that a violation of this policy may have occurred, the Honor Code Office, at its sole discretion, may submit the matter to the Disruptive Behavior Committee.
*Visitor Reports: Reports of violations of this policy by visitors on BYUH property should be directed to University Security. Reports of violations of this policy by visitors on the premises of BYUH approved off-campus housing should be directed to BYUH Housing, who should report the incident to University Security. In either case, University Security will investigate and proceed to determine the incident according to the campus banning process.
*University Security: If injury to person or damage to property is likely, the University Security should be contacted immediately. Security will be responsible for contacting Honolulu Police Department.
Standards for Determination of Actions
The University may effect appropriate actions, including, but not limited to, suspension or dismissal from the university (in accordance with University policy) and/or the recommendation that the individual be banned from the campus of Brigham Young University Hawaii, if it is determined that individuals have violated this policy by, but not limited to:
*Engaging in, or threatening to engage in, disruptive behavior which causes, or poses a substantial danger of causing physical harm to self or others, or
*Engaging in, or threatening to engage in, disruptive behavior which causes, or which threatens to cause, significant property damage, or which threatens to directly and substantially impede, the lawful activities, including academic activities, of others.
Examples of Disruptive Behavior
The following is a specific, although not exhaustive, list of possible disruptive behaviors that may result in University actions:
(1) Any conduct that threatens the health or safety of self or others (including attempted suicide).
(2) Persistent or substantial acts of willful disobedience or defiance toward University policy or personnel.
(3) Assault, battery, or any other form of physical abuse of students or of University personnel. (Refer to “zero tolerance” policy)
(4) Continuing verbal abuse of students or of University personnel.
(5) Theft or damage to the property of BYUH or other individuals.
(6) Interference with the normal operations of BYUH, including, but not limited to, disruption of teaching and administrative functions, disciplinary procedures, pedestrian or vehicular traffic, or public service functions (including repeated use of BYUH emergency services due to individuals acts or failures to act).
(7) Use of sound amplification equipment (e.g., televisions, radios, and tape or CD players) in a manner that disturbs the privacy of other individuals and/or the instructional programs of the University.
(8) Unauthorized entry into, or use of, BYUH facilities, equipment, etc.
(9) Illegal possession or use of firearms, explosives, dangerous chemicals, or other weapons. Possession, use, or threat of use of a deadly weapon (including firearms) is prohibited at work or on University property. This includes carrying weapons in a personal vehicle while on campus, or any University vehicle at any time, unless such possession or use is a necessary and approved requirement of the individuals’ employment position. Personnel or students observing any violation of this policy are obligated to immediately report the violation to the University Security. (BYUH Firearms Policy.)
(10) Failure to comply with directions of BYUH personnel who are acting in performance of their duties.
(11) Illegal discriminatory action toward individuals based on race, color, national origin, disability, religion, or sex, including sexual harassment and gender-based discrimination.
(12) Serious and persistent interference with the employment, academic or co-curricular activities of others.
(13) Lewd, indecent, or obscene conduct.
(14) Violation of other applicable federal, state, or local laws or BYUH policies, rules and regulations.
Grievances, Reviews, or Appeals
Individuals aggrieved by a decision made pursuant to this policy are entitled to pursue applicable grievance procedures, administrative reviews or appeals processes pursuant to University policies and practice
All information and records pertaining to each matter considered will be treated as confidential and will not be released except as authorized by law or University policy.