Involuntary Withdrawal

Revised November 15, 2016

A. Introduction

A student may be subject to administrative involuntary withdrawal from the University when based on the judgment of the Associate Vice President for Student Affairs and Enrollment Services and Director of Housing and Residence Life, (hereafter referred to as the Associate Vice President), the Director of Counseling and Health Services, and the Medical Director of the University Health Center, a student is unable or unwilling to request a voluntary withdrawal or leave of absence and that:

1. There is a substantial possibility the student will harm others; or

2.  The student will be substantially unable, even with the help of auxiliary aids, to meet the individual responsibilities as a student; or

3.  A student’s behavior causes significant property damage, or would substantially interfere with the educational environment of others; or

4.  A student’s behavior consumes an inordinate amount of University staff time and/or resources (includes but is not limited to repeated inappropriate use of staff time and resources by disregarding staff direction to address the behavior).

B. Interim Leave/Separation

An Interim Leave/Separation may be imposed by the Associate Vice President before an informal meeting or assessment in instances when reliable and objective information concerning the student’s behavior falls within one of the four categories described in Section A., “Introduction,” above.

During the Interim Leave/Separation, the student may be denied access to the University residence halls and or campus (including classes) and all other University activities or privileges the student may otherwise be eligible to participate as deemed appropriate by the Associate Vice President. Students who are placed on interim leave/separation are entitled to a subsequent individualized assessment within a reasonable period of time (2 business days). A student will remain on leave from the University until appeals have been exhausted, the appeal deadline is passed, or the appeal officer determines otherwise.

Assessing Harm to Others

A determination on whether a student poses harm to the health and safety of others will be made through the use of an individualized assessment based on reasonable judgment that relies on current medical knowledge or objective reliable evidence to determine the nature, duration and severity of the risk; the probability that the potential injury will actually occur, and whether reasonable modifications of policies, practices or procedures will mitigate the risk.

Assessing Use of Inordinate Amount of Time and Resources

A determination on whether a student is consuming an inordinate amount of University staff time and/or resources, the University will be made through a review of documented and objective evidence to assess whether the student has taken all reasonable measures to comply with the guidance of University staff to mitigate the impact of the behavior on University staff time and resources and the education environment for others.

C. Procedures

1. Meeting with the Associate Vice President. A student who is referred for involuntary withdrawal consideration will be required to meet with the Associate Vice President to determine whether the student’s behavior falls within one of the four categories described in Section A., “Introduction,” above, and if so, the necessity for withdrawal from the University. Requests for an informal meeting will be made in writing and/or orally (depending on the urgency of the situation). The meeting request will include a statement of the reasons for the University’s concern. The Director of Counseling and Health Services and the Medical Director of the University Health Center, or designees will attend the meeting. Other appropriate personnel may be present and/or consulted. Parents, spouse, or any person who would be of support to the student may, with the consent of the Associate Vice President, and of the student, participate in the informal meeting. At the meeting the reasons for the University’s concern regarding the student will be stated and the student will be given an opportunity to respond to these concerns. Based on the content of the discussion, the Associate Vice President may require the student, at their expense, to obtain an evaluation from licensed professional sources external to the University. The licensed professional will be required to disclose general information and outcomes of the evaluation in the time stipulated by the notice from the Associate Vice President and completed within three (3) university business days unless an exception has been granted by the Associate Vice President. If after the information meeting the student is found not to fall within one of the four categories described in Section A. “Introduction” above the student will be informed in writing by the Associate Vice President and allowed to continue as a student.

2. Associate Vice President's Withdrawal Decision. If, after the informal meeting and individualized assessment, the Associate Vice President, the Medical Director of the University Health Center, and the Director of Counseling and Health Services, decide that the student’s behavior falls within one of the four categories in Section A. “Introduction,” above, and  should  withdraw from the University, the Associate Vice President may require the student provide documentation that the student has taken steps to mitigate the previous behavior  and  will be permitted to re-enter the University only with their approval. The student shall be informed in writing of such decision and the basis for the decision within three (3) university business days of the informal meeting.  Notification may be made to the person listed as the student's Emergency Contact.

3. Voluntary Withdrawal. If the student agrees to withdraw voluntarily from the University, regular withdrawal procedures will be followed. The student may be permitted to withdraw voluntarily without grades if, in the judgment of the Associate Vice President (after consultation with the approval by the student’s instructors), the circumstances warrant such action. The University may require that the student provide documentation that the student has taken steps to mitigate the previous behavior and will be permitted to re-enter the University only with the approval of the Associate Vice President.

4. Notice of Refusal to Withdraw Voluntarily, and Appeal. If the student refuses to accept the decision of the withdrawal and refuses to withdraw from the University voluntarily, the student shall notify the Associate Vice President of such refusal within three (3) university business days of receipt of the written decision. If the student fails to notify the Associate Vice President of such refusal and appeal within three (3) university business days of receipt of the written decision, the student will be deemed to have waived the student’s right to appeal the withdrawal decision.  The Associate Vice President will forward the appeal letter to the Vice President for Student Affairs.

5. The appeal must be submitted in writing and the appeal process will be limited to a review of the file and supporting documents (except as necessary to gain insight into any new information presented). Appeals must be based on one or more of the following

a. A substantial procedural error that unreasonably impaired the student or the staff participants in the informal meeting

b. New information of a substantive nature sufficient to alter a decision, because such information and/or facts were not known to the student at the time of the original meeting.

c. Information of substantial bias on the part of the staff participants in the informal meeting

The Vice President may meet with the student and University staff members if additional or new information is available.  If a student chooses to not attend the appeal meeting, a decision will be made in the student’s absence and a decision will be based on the information available to the Vice President at the time of the appeal meeting.

6. Findings; Decisions. The Vice President for Student Affairs and Enrollment Services and Dean of Students shall prepare a written decision containing findings and conclusions. Copies of the decision shall be furnished to the student, the Associate Vice President, the student’s advisor, the Director of Counseling and Health Services, and the Medical Director of the University Health Center. The decision of the Vice President shall be final, conclusive, and not subject to appeal.

7. Action by Designee. Whenever an action may be or is required to be taken under this policy by the Vice President for Student Affairs and Enrollment Services and Dean of Students, the Associate Vice President, the Director of Counseling and Health Services, or the Medical Director of the University Health Center, the action may be taken by the person’s designee.

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