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Involuntary Administrative Withdrawal Policy

Division

5

STUDENT AFFAIRS

Department

5.13

OFFICE OF THE VICE PRESIDENT

 

5.13.2

INVOLUNTARY ADMINISTRATIVE WITHDRAWAL POLICY

Policy

 

 

 

 

One of the University’s purposes is to ensure equality of educational opportunity while fostering an environment that promotes education, achievement, and the growth and safety of and respect for all members of its community.  On occasion, University officials become aware of a student whose behavior may be seriously interfering with these purposes because of a mental, emotional, or psychological health condition.  In such situations, University officials may consider the appropriateness of (1) utilizing the established student conduct system, or (2) involuntary examination, hospitalization, and treatment for mental illness under state law.  In addition to, or instead of, either of those procedures, the matter may be handled as a potential medical withdrawal according to the standards and procedures described in the established procedures for this policy.

 

Procedure

 

 

 

 

 

 

I.                    CONDITIONS FOR INVOLUNTARY ADMINISTRATIVE WITHDRAWAL

 

A.      A student will be subject to involuntary administrative withdrawal from the College when, in judgment of the of the Vice President for Student Affairs or designee, there is clear and convincing evidence that the student, as a result of a physical or psychological condition:

 

1.      Will harm him/herself or others

2.      Will cause significant property damage

3.      Will be substantially unable to meet his or her responsibilities as a student

4.      Will be unable to care for his or her daily physical needs without assistance and has failed to secure such assistance

5.      Will directly impede the lawful activities of others

6.      Will directly and substantially interfere with the College’s normal operations

 

B.       If the student has engaged in an activity that subjects him/her to College disciplinary action, the matter will be handled through the College’s student discipline process unless the Vice President for Student Affairs or designee determines that the student, as a result of psychological conditions:

 

1.      Lacks the capacity to respond to pending disciplinary charges against him/ her, or

2.      Did not know the nature or wrongfulness of the conduct at the time of the offense.

 

The Student at Risk Committee consists of representatives from relevant offices at the College who meet regularly to discuss student behavior.

 

II.                  REFERRAL FOR EVALUATION

 

A.      In determining whether or not a student’s behavior meets the criteria set forth in Section II. A., the Vice President for Student Affairs or designee with consult with members of the Counseling Center and may refer the student for evaluation by an independent licensed psychiatrist, psychologist, emergency mental health professional or other medical provider approved by the College.  If an evaluation is required, the student will be informed in writing, either by hand delivery or by certified overnight mail.

 

The evaluation must be within five (5) calendar days from the date of the referral, unless an extension is granted in writing by the Vice President for Student Affairs or designee.  In some cases, a student will not be allowed to stay in the residence halls until the evaluation has been completed and the student is cleared by an independent medical provider to return to on campus housing.

 

III.                PROCEDURES

A.       Meeting with the Vice President for Student Affairs or designee

 

1.       A student may be requested in writing and or orally (depending on the situation) to attend an informal meeting with the Vice President for Student Affairs or designee for the purpose of determining whether the student, as a result of a physical or psychological condition, falls within one of the four categories described in Section II. A., and if so, the necessity for withdrawal. 

2.      If a student is determined to lack the capacity to participate in such a meeting, the student will be subject to immediate interim withdrawal as outlined in Section V below.

3.      Other appropriate staff members may be present and/or consulted.  Students may be accompanied by an advisor.  The advisor may consult with and counsel the student, but may not participate in the meeting.   Any person who disrupts the hearing may be excluded.  At the meeting, the reasons for the College’s concern(s) regarding the student will be addressed and the student will be given an opportunity to respond to these concerns. 

4.      If, after the meeting, the student is found not to fall within one of the four categories described in Section II. A., he or she will be so informed in writing by the Vice President for Student Affairs and allowed to continue as a student.

5.      The decision of the Vice President for Student Affairs or designee shall be final and conclusive and not subject to appeal.

 

B.       Withdrawal Options

 

1.       Voluntary Administrative Withdrawal

If after the informal meeting with the Vice President for Student Affairs or designee the student agrees to withdraw voluntarily from the College, regular withdrawal procedures will be followed.

2.       Involuntary Administrative Withdrawal

If after the informal meeting, the Vice President for Student Affairs or designee decides that the student should withdraw from the College and only be permitted to re-enter with his/her approval, the student shall be involuntarily withdrawn from the College.  The student will be informed in writing of this decision within five (5) calendar days of the informal meeting.  The notification will also include the basis for the decision, the period of time during which the student is not permitted to re-enroll and the conditions under which the student may re-enroll. 

 

IV.               IMMEDIATE INTERIM WITHDRAWAL

 

A.      An immediate interim withdrawal may be implemented if a student is found to be:

 

1.      Causing serious physical harm to self or others

2.      Causing significant property damage

3.      Directly impeding lawful activities of others

4.      Directly and substantially interfering with the College’s normal operations

5.      Currently unable to participate in academic activities due to the presence of delusions, hallucinations, gross disorganization or catatonic behavior or incoherent speech

6.      Neglecting to complete a required psychological or medical evaluation

7.      Lacking in capacity to participate in a meeting with the Vice President for Student Affairs or designee to discuss an administrative withdrawal

B.       A student subject to immediate interim withdrawal will be notified in writing and/or orally (depending on the urgency of the situation).  The student will have  an opportunity to appear personally before the Vice President for Student Affairs or designee, within two (2) business days from the effective date of the immediate interim withdrawal in order to review the following issues only:

 

1.       The reliability of the information concerning the student’s behavior

2.      Whether or not the student’s behavior poses a danger of causing imminent physical harm to the student or others, or causing property damage, or directly impeding lawful activities of others

3.      Whether or not the student has completed or submitted an evaluation as outlined in Section III

4.      Whether or not the student has fulfilled the requirements for reinstatement outlined in the notification letter

C.       At the conclusion of this meeting, the Vice President for Student Affairs or designee will either uphold or cancel the immediate interim withdrawal.  Regardless of whether the immediate interim withdrawal is upheld or cancelled, the involuntary administrative process will proceed according to the steps that are outlined in this policy.

 

 

Reasonable deviations from these procedures will not invalidate a decision or proceeding unless significant prejudice to a student may result.   

 

 

 

 

 

 

 

 

Approved by Vice President/Date

 

ELT

Approved by Cabinet/Date

 

 

Revised Date

 

Spring 2010

 

 

 

 

Last modified at 12/14/2011 1:37 PM  by Hoxha, Anisa