StudentRights150A

Appendix F - Involuntary Withdrawal Policy

A. Introduction 
A student will be subject to administrative involuntary withdrawal from the University when, in the judgment of the Associate Vice President for Student Affairs 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, there is a substantial possibility that the student, as a result of a physical or psychological condition;

1. Will harm or others, or 
    2. Will cause significant property damage, or causes significant interference with the educational environment of others or 
    3. Will be substantially unable, even with the help of auxiliary aids, to meet his or her responsibilities as a student, or 
    4. Demonstrate the inability to care for his or her daily physical or mental health needs without assistance and has failed to secure such assistance.

The Associate Vice President will initiate a review through either this process or the University’s student disciplinary process. If the student has engaged in an activity which subjects him or her to University disciplinary action, the matter will be handled through the University’s student disciplinary process unless the Associate Vice President determines that the student, as a result of psychological conditions:

    1. Lacks the capacity to respond to pending disciplinary charges against him or her, or 
    2. Did not know the nature or wrongfulness of the conduct at the time of the offense.

B. Interim Withdrawal
An Interim Withdrawal may be implemented immediately by the Associate Vice President if he/she determines, based upon a qualified medical or psychological opinion, that the student may be suffering from a mental or psychological disorder and the student’s behavior poses an imminent danger of causing physical harm to others, of causing significant property damage, or of substantially impeding the lawful activities of others. A student withdrawn on an interim basis shall be given an opportunity to appear personally before the Associate Vice President within two (2) school days from the effective date of the interim withdrawal in order to review the following issues only:

    1.The reliability of the information concerning the student’s behavior and 
    2. Whether or not the student’s behavior poses a danger of causing imminent physical harm to others, causing significant property damage, or substantially impeding the lawful activities of others. Unless the Associate Vice President determines otherwise, the student will remain withdrawn on an interim basis pending completion of the procedures described below.

C. Procedures
1. Meeting with the Associate Vice President. A student may be requested in writing and/or orally (depending on the urgency of the situation) to attend an informal meeting with the Associate Vice President 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 A., “Introduction,” above, and, if so, the necessity for withdrawal. Such a 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 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. If, after the meeting, the student is found not to fall within one of the four categories described in the “Introduction” above, he or she will be so 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, the Associate Vice President, the Medical Director of the University Health Center, and the Director of Counseling and Health Services, decide that the student should withdraw from the University and 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 five (5) school 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.
4. Notice of Refusal to Withdraw Voluntarily. If the student fails 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 five (5) school days of receipt of the written decision. If the student fails to notify the Associate Vice President of such refusal within five (5) school days of receipt of the written decision, the student will be deemed to have waived his or her right to appeal the withdrawal decision.
5. Appeal. The student may appeal the withdrawal decision to the Vice President for Student Affairs and Dean of Students within five (5) school days of receipt of the written decision. The Vice President shall hear the matter after notice to the student, the Associate Vice President, the Director of Counseling and Health Services, and the Medical Director of the University Health Center. The student may be accompanied and assisted at the hearing by an advisor of the student’s choice, provided the advisor is an employee or student of the University or a member of the student’s immediate family and the advisor agrees to act as the student’s advisor. The student, the student’s advisor, the Associate Vice President, the Director of Counseling and Health Services, and the Medical Director of the University Health Center may attend the hearing and present evidence. In addition, the Vice President for Student Affairs and Dean of Students may require the student, at his or her expense, to obtain a psychiatric/medical evaluation from sources external to the University to be entered as evidence. The hearing shall be conversational and non-adversarial. Formal rules of evidence will not apply. The issues or concerns to be resolved by the Vice President  shall be as follows:

    a) Whether the student, as a result of a physical or psychological condition, falls within one of the four categories described in Section A., Introduction, above; and 
    b) If so, whether the student should be involuntarily withdrawn from the University.

6. Findings; Decisions. The Vice President for Student Affairs 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 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.

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