Clear and Present Danger

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Clear and Present Danger Reporting Policy

  1. Purpose

Pursuant to Board of Trustee Policy 7(L) and as provided in the Firearm Concealed Carry Act, 430 ILCS 66/105, and the Mental Health and Developmental Disabilities Code, 405 ILCS 5/6-103.3 it is the duty of the chief administrative officer of a university, or his or her designee, to report to the Department of State Police any person determined to be a clear and present danger to himself, herself, or to others with 24 hours of such determination.  It is Southern Illinois University Carbondale’s policy to comply with those requirements.  

     2. Definitions

      A.  For purposes of this Policy, a person is deemed to pose “clear and present danger” if

  • He or she communicates a serious threat of physical violence against a reasonably identifiable victim as determined by a physician, clinical psychologist, or qualified examiner;
  • He or she poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; or
  • He or she demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behaviors, as determined by a physician, clinical psychologist, qualified examiner, the chief administrative officer of Southern Illinois University Carbondale, or his or her designee.

      B. The terms “Physician, Psychiatrist, Clinical Psychologist, Clinical Social Worker, and Qualified Examiner shall be defined as stated in the Mental Health and Developmental Disabilities Code, 405 ILCS 5/1 et seq.

      C. For purposes of this Policy, the University’s Chief Administrative Officer is the Chancellor.

     3. Reporting

       A. The Chancellor’s designee for reporting to the Illinois State Police pursuant to this Policy is the Director of Public Safety or his or her designee.

       B. For purposes of reporting to the Illinois State Police pursuant to this Policy and Illinois law, the Director of DPS, or his or her designee, shall make the final determination, in consultation with qualified health care professionals when appropriate (see Sections 2(A)(i) and 2(A)(ii)), as to whether the student’s conduct or behavior constitutes a “clear and present danger” as defined above.  In the event the determination is in the affirmative, the Director of DPS, or his or her designee, shall report the conduct or behavior to the Illinois State Police in conformance with the  reporting protocols and using its approved forms, if any.

      C. No provision of this Policy shall be construed to in any way alter the duty of a physician, clinical psychologist, or qualified examiner to report to the Illinois Department of Human Services any person that in the professional judgment of the physician, clinical psychologist, or qualified examiner poses a clear and present danger as defined by the Mental Health and Developmental Disabilities Code.