Understanding where angry words, bias and concerning behavior can lead to a threat assessment
By Amanda Fallon
Getting angry is not a crime. Neither is complaining, criticizing the college or having a bad day.
But when does venting cross the line into something a college needs to investigate?
That question is at the center of Lane Community College’s threat assessment process. According to Lisa Rupp, a member of Lane’s threat assessment team, there is no single statement or behavior that automatically determines whether something is a threat. Instead, reports are evaluated based on the circumstances, the behavior involved and whether there is a pattern of concerning conduct.
“I think it just depends on what the issue is,” Rupp said during an interview about the college’s threat assessment process.
From a report to an investigation
Lane’s threat assessment team includes professionals from several areas of the college, including Public Safety, mental health and wellness, student affairs, Title IX, human resources and student conduct. The team also includes the Associate Vice President of Cultures and Belonging. Public Safety provides the team with information from a public safety and law enforcement perspective.
One way a concern can enter the process is through a report about a student.
For example, Rupp described a situation in which a faculty member notices concerning writing from a student that appears unrelated to the assignment. The writing could involve topics such as death, dying or firearms.
A report can then be submitted to Student Conduct, which determines whether other departments, including Public Safety, should become involved.
If violence or harm to others is involved, Public Safety may meet with the student alongside Student Conduct.
Those conversations can include questions about what is happening in the student’s life, the concerning behavior or writing, whether the student needs support and whether they have access to firearms. According to Rupp, those questions help gauge intent and the student’s response to the situation.
Not every concern becomes a Public Safety matter.
Depending on the circumstances, Student Conduct may work with Title IX, Mental Health and Wellness or the Center for Accessible Resources. Reports involving possible self-harm may be triaged to Public Safety and Mental Health and Wellness. In some cases, a welfare check or contact from a mobile crisis service may be appropriate.
One incident may not tell the whole story
A major part of the assessment process is looking at the totality of the reports.
Rupp explained that there may be multiple reports involving the same person or different incidents involving the same behavior. Individual reports can become more significant when they reveal a pattern.
Once something is reported directly to Public Safety, a call for service is opened and an investigation can take place. Depending on the situation, that investigation can include interviewing people named in reports or people who have information about the concerning behavior.
If the situation reaches the level of a potential crime, information may also be shared with law enforcement partners.
For students, there can also be two separate processes happening at the same time.
A student’s behavior may violate the college’s student conduct standards while also potentially constituting a crime. In that situation, Student Conduct can address the college’s process while Public Safety investigates the public safety aspect.
When does speech become a threat?
The distinction between protected speech and a threat can be difficult.
People can say things when they are angry that they do not necessarily intend to act on. However, statements can become more serious when they are directed at specific people or groups, particularly when the conduct involves violence, harassment or bias.
During the interview, Rupp gave the example of someone making a targeted statement against another person based on their sexual orientation. If someone is being targeted because of that characteristic, Rupp said the incident could be considered a bias incident.
The interview also addressed an incident involving student-created writing displayed on campus. The writing included what was described during the interview as antisemitic, anti-Black and other hateful material.
Rupp said the college acted on the incident immediately.
When asked whether such material, if directed as a threat, could move beyond freedom of speech into a biased threat, Rupp agreed. The incident would also be included in the college’s annual security reporting as a hate crime.
That distinction matters because offensive speech and threats are not necessarily treated the same way.
What happens after an investigation?
Public Safety is not sworn law enforcement and therefore does not make criminal charging decisions. It can conduct an initial investigation and share information with outside law enforcement agencies when appropriate.
Ultimately, outside law enforcement determines whether criminal charges are pursued. Rupp said that could include a district attorney, the FBI or another law enforcement agency, depending on the circumstances.
The college also has options for addressing people whose behavior creates safety concerns on campus.
If a person is not a student and their behavior has become sufficiently concerning, they may be trespassed from campus. For particularly serious situations, Public Safety may also provide additional security measures.
Those measures can include officers being present at Board of Education meetings and escorting board members or administrative staff to their vehicles. Rupp said similar measures are used with personnel and students who have restraining orders.
The right to speak still matters
Threat assessment does not mean every angry or critical statement results in someone being banned from campus or prevented from speaking.
The interview discussed public comments made during Board of Education meetings. Because board meetings are open to the public and people have a right to attend and make public comments, Rupp said a person generally could not be stopped simply because their comments were negative or critical.
However, the Board chair has a responsibility to maintain decorum. Rupp said there are circumstances in which behavior can become so inappropriate or disruptive that someone can be removed from a meeting.
That creates a complicated space between a person’s right to speak and the college’s responsibility to respond when behavior becomes threatening.
So, when does venting become a threat?
According to Rupp, the answer is not always obvious.
The threat assessment process looks beyond a single statement. Investigators can consider what was said or done, the circumstances surrounding it, whether there is a pattern of behavior, whether there are indications of potential harm and what support or intervention may be appropriate.
For students, faculty and staff, reporting a concern does not necessarily mean someone has been declared a threat. A report starts a process of determining what happened and what, if anything, needs to happen next.
Sometimes venting is just venting.
Sometimes it is a warning sign.
The difficult part is knowing where one ends and the other begins.