|
Involuntary Withdrawal Policy
A. INVOLUNTARY WITHDRAWAL AND READMISSION
A student may be
subject to involuntary withdrawal or their presence on campus
restricted where because of a mental, emotional, physical or
psychological health disorder, their continued presence in a
University activity or program, residing on campus or their presence
at the University, poses a significant risk of substantial harm to
themselves or others. A significant risk is one that is based upon an
individualized assessment and constitutes a high probability of
substantial harm and which cannot be mitigated by other reasonable
means.
EMERGENCY
WITHDRAWAL:
The Vice
President of Student Affairs or his/her designee may immediately withdraw a student on an
interim basis where the student’s condition or conduct poses an
imminent or significant risk to the individual or to others. Prior to
the emergency withdrawal the student must be notified in writing of
the proposed interim action; given an opportunity to address the basis
for the emergency withdrawal with the Vice President of Student Affairs or their
designee and informed that a formal hearing on the involuntary
withdrawal will occur as expeditiously as possible. Such emergency
withdrawal or restricted access may remain in effect until a formal
decision has been made or the reasons for imposing the interim action
no longer exist. If a formal hearing is to occur, the student shall be
afforded a formal hearing within 5 days of an emergency removal.
PROCEDURES:
The involuntary
withdrawal of a student or a decision affecting their presence on
campus must be preceded by a hearing. The hearing shall be convened by
the Vice President of Student Affairs or his/her designee and the student must be
informed in writing of the time and place of the hearing, the nature
of the reasons for the proposed action and the right to challenge the
proposed decision. The hearing is not judicial in nature and the rules
of evidence do not apply. The student has a right to be accompanied by
an advisor or advocate; to present information relevant to the
student’s behavior, including the testimony or written reports by
healthcare providers, whether affiliated or not with the University;
and to review and comment on all documents, information and statements
considered regarding the proposed decision.
The hearing shall
be conducted by the EVALUATION COMMITTEE which may include, but is not
limited to, the Associate Dean(s) of Students, the Campus Conduct
Officer, the Director of Health Services, the Director of Public Safety, the Director of Residence
Life, the Director of the Counseling Center and the Director of
Disability Support Services. In the case of the absence or a conflict
of one of these, the hearing may be conducted by the remainder or a
designee may be placed on the Committee by the Vice President of
Student Affairs or his/her designee. The Chair shall be an Associate Dean of Students, the
Director of Community Standards or other designee of the Vice
President. Other than questions asked by the Committee all questioning
of a witness shall be made through the Chair, who shall make all
determinations regarding the relevancy or admission of testimony,
information or written materials. A tape recording shall be made of
the proceedings. The hearing may be recessed to gather further
information if necessary. The deliberation of the Committee shall be
private and is not recorded. The decision to involuntary withdraw or
place other restrictions upon a student’s participation or presence at
the University shall be made by a majority of those present based upon
fundamental fairness, the information presented, and the
individualized objective assessment of the student’s particular
circumstances. The student shall be informed in writing.
This assessment
must include:
-
reasonable
medical judgment relying on the most current medical knowledge, or
the best available objective evidence (such as the student’s
conduct, actions and statements);
-
the
nature, duration and severity of the risk;
-
the
probability that the threatening injury will actually occur; and
-
whether
there are reasonable alternatives to sufficiently mitigate the risk,
such as modifications of policies, practices or procedures
RIGHT TO REVIEW
Within 5 business
days from the delivery of the decision of the Committee, the student
may request, in writing, that the Vice President of Student Affairs or
his/her designee
review the Committee’s decision. The review shall be limited to
whether the proper procedures were followed and whether the decision
is supported by the record. The student shall state in writing the
specific issues the student wishes the Vice President or designee to consider. The
Vice President or designee may 1)
affirm the decision, 2) modify the decision, 3) remand the matter back
to the Committee for further proceedings or consideration, or 4)
reject the decision. The decision of the Vice President or
designee is final.
READMISSION OR
REMOVAL OF RESTRICTION
A student who is
involuntarily withdrawn or has been the subject of a decision
restricting their activities may not re-enroll, be readmitted or have
their restriction lifted, without the approval of the Committee.
Approval may be granted only if the Committee determines, by simple
majority vote, that in its judgment the conditions that caused the
significant risk and resulting involuntary withdrawal or restriction
are no longer present or that they have been or can be safely
mitigated or managed. The Committee may request any information,
documentation or evaluation it deems necessary. The student may appeal
the decision to the Vice President of Student Affairs or designee, whose review
shall be limited to whether the decision is supported by the record.
The decision of the Vice President or designee is final.
DEVIATIONS FROM
ESTABLISHED PROCEDURE
Reasonable
deviations from these procedures will not invalidate a decision unless
significant prejudice to the student results.
FEES AND REFUNDS
The normal
policies and procedures for the entry of grades or fee refunds for
students who withdraw during an academic term, as described in the
Student Handbook, the Residents Manual and/or other University
policies, will apply to students who are withdrawn pursuant to this
policy.
B.
CONDUCT
WHICH DOES NOT PRESENT A RISK TO SELF OR OTHERS.
If the conduct of
the student does not present a high probability of imminent or
significant risk to themselves or others, but directly or
substantially impedes the activities of other members of the campus
community; the educational process, or proper activities or functions
of the University or its personnel; or presents a danger to individual
or University property, it may rise to the level of a violation of the
law or Student Code of Conduct and the Conduct Officer shall be
notified for determination of action.
Reviewed and approved by University Counsel –
October 27, 2006
Reviewed and approved by Disruptive Student Task
Force – February 23, 2007
Adopted – June 15, 2007
Update - January 7, 2008
|
