91ɬÂþ

Voluntary and Involuntary Withdrawal and reasonable accommodations procedures as related to student disruptive conduct.

1. These procedures provide additional procedures and protections to consider potential accommodations in lieu of dismissal, removal, or other disciplinary sanctions for students with disabilities. These procedures may begin by referral during assessment of conduct under 91ɬÂþ Policy 5.0 and/or Policy 11.2. The Dean of Students will determine whether the processes under other policy(ies) continue to apply to the conduct, but has discretion, depending on the circumstances, to solely utilize these procedures to guide the University’s response. Additional procedures may apply in certain circumstances.
2. These Procedures are not disciplinary. Generally, taking a leave of absence or withdrawing a student under these Procedures will not be considered as a student misconduct record. But other policies also may apply to conduct prohibited by the University and processes under 91ɬÂþ Policy 5.0 and 11.2, which may continue simultaneously or before a student’s return from a voluntary or involuntary withdrawal. Additionally, nothing in these Procedures is intended to impact the University's ability to implement temporary, interim actions necessary to address a threat or risk posed by the student’s reported conduct.
3. The University will make determinations under these procedures based on an individualized assessment and by offering the student an opportunity to have an interactive dialogue with the Dean and/or Deputy ADA Coordinator, as applicable. The goal is to determine whether reasonable accommodations will address any risk posed that is related to the student’s conduct that also is related to a student’s disability.
4. Voluntary Options. The Dean of Students will first seek voluntary cooperation of an affected student. If the University determines the affected student’s conduct poses a risk to the health, safety, or well-being of oneself or any other member of the University community, then action steps may include the University working with the student to voluntarily withdraw, following the steps for withdrawal or emergency withdrawal as applicable; provided however, the Dean of Students may determine whether to grant the emergency withdrawal with or without the assistance of the committee referenced in the emergency withdrawal process.
5. Individualized Assessment and Involuntary Action. If the University and student do not voluntarily come to an agreement of steps needed to mitigate the risk posed, the University will conduct an individualized assessment and consider what plan may mitigate the risk, and whether involuntary action is needed, including involuntary withdrawal. This process is carried out by the Dean of Students or designee on behalf of the University.
   1. The purpose of an individualized assessment is to inform decisions about the student’s future participation in the University’s programs and to analyze the level of risk the student’s conduct poses to the health, safety and well-being of oneself and/or the University community. The University will make an individualized assessment, based on reasonable judgment that relies on current medical knowledge and the best available objective evidence to ascertain the following: 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 or, where applicable, the provision of auxiliary aids and services–without fundamentally altering the educational program–may mitigate the risk.
   2. When considering whether involuntary action is necessary, the University may require the student to undergo an evaluation, including a medical or psychological evaluation, by an independent and objective health professional, including without limitation the University's Counseling and Psychological Services (CAPS), designated by the University.
   3. The student may also be required to execute necessary releases so that the report from the evaluation may be provided to the Dean of Students, and in some cases at the discretion of the Dean of Students, the Student Behavioral Assessment Team, and other administrators if appropriate, for the purposes of conducting the individualized assessment described above.
   4. In this process, the Dean of Students or his/her designee will consider any medical or other relevant information submitted by the student, including but not limited to medical or psychological evaluation by a health professional of the student's choice. The student and/or their medical provider may suggest possible methods to abate the risk of harm. This is not a requirement and if the student does not submit any information, the process will proceed based on available information.
   5. The Dean of Students may, within their discretion, consult with the Student Behavioral Assessment Team about the circumstances and potential or actual risk of harm to receive input from the BAT.
   6. Among other safety intervention measures to abate the risk, the Dean of Students may require an agreement between the University and student that may include, but is not limited to, consultations and treatment with health care professionals, restrictions on participation in University programs, limits on participation in University activities or access to all or part of campus, online educational options, etc. The student may be required to sign a statement authorizing the University to monitor compliance with the Agreement and the conditions of the student's continued participation in educational programs and activities of the University.
6. Written Decision. Upon the Dean of Students determination that a student’s conduct related to a disability poses a risk to the health, safety, and/or well-being of oneself or any member of the University community, the Dean of Students will provide the student with the following in writing, as applicable:
   1. a determination that the student’s conduct poses a risk to the health, safety, and/or well-being of oneself or any member of the University community;
   2. written statement providing an explanation of the reasons for safety intervention, including but not limited to, involuntary withdrawal, and the information relied upon;
   3. information regarding the student’s right to appeal the determination if involuntary action is taken; and
   4. any preconditions for return and information the student must provide and/or demonstrate to be considered for return or readmission (see “Conditions for Return to Campus or Readmission” below for more detail) if the plan resulted in a withdrawal and/or leave of absence.
7. Appeal of Involuntary Withdrawal
   1. A student who is involuntarily withdrawn under these Procedures may make a written request, within 3 business days of the written determination by the Dean of Students, to the Vice President of Student Affairs or designee to review the determination. The student waives this right to appeal if the student does not request a review within that time or agrees with the conditions of the behavioral agreement and/or agrees to voluntarily withdraw. The Vice President has the discretion to accept an untimely appeal for exceptional circumstances, such as the student’s incapacitation.
   2. The Vice President will complete the review within a reasonable time, and in most cases within 15 business days if practicable. The Vice President shall determine whether to:
      1. Uphold the withdrawal;
      2. reinstate the student; or
      3. reinstate the student subject to specified conditions aimed at sufficiently mitigating the risk posed by the student’s conduct.
      
      The Vice President’s decision is the final decision for the University.
8. Conditions for Return to Campus or Readmission; Requests from Students
   1. Following a determination that a student poses a risk to the health, safety and well-being of oneself and/or any member of the University community necessitating a voluntary or involuntary withdrawal (or other leave of absence), the University may require as a precondition to a student’s return that the student provide documentation that the student has taken steps to mitigate the previous behavioral concerns and is safe and healthy enough to return to a full or modified curricular and/or co-curricular engagement. There is no standard minimum time a student is always required to be away after a withdrawal under these procedures, as the University conducts an individualized assessment to determine conditions for return.
   2. The University may request records from the student and permission to speak to a treating professional. The records and information that will be requested and required are determined on a case-by-case basis depending on what information is necessary to determine whether the student is able to return and fulfill the fundamental requirements of curricular and co-curricular life. The student may also present any relevant documentation or information which the student believes supports his or her request for return or readmission.
   3. Students who want to return to campus and/or be readmitted, may contact the Dean of Students with the request and should be prepared to demonstrate they have satisfied the requirements and/or preconditions of return.
   4. Students may petition the Dean of Students to alter any previously stated conditions for readmission by demonstrating that there are changed or different circumstances or improvements to warrant a review under this section, and students may not repeatedly petition without such justification.
   5. The Dean of Students or his/her designee will review the request for return or readmission as follows:
      1. review extent of compliance with the conditions of return or readmission;
      2. consult with the appropriate academic unit to determine whether the student is eligible for return or readmission based upon the student’s academic record and the readmission policies and practices of the academic unit;
      3. consult with appropriate members of the Student Behavioral Assessment Team regarding any potential risk, as/if necessary;
      4. consider whether there are any accommodations that would allow the student to meet academic standards and remain safely in school;
      5. consider any additional information or documentation presented by the student in support of return or readmission; and
      6. offer to meet with the student.
         
   6. Within a reasonable time after the offer to meet, or meeting with the student, the Dean of Students will provide a written determination of whether the student can return to campus or be readmitted to the University, which will include the reasoning and other next steps, if any. The student will still have to demonstrate to the applicable department or program that they meet the academic requirements for readmission to a particular degree or program; the applicable Dean, in consultation with the Department Chair, will make the decision about whether the student is qualified to return to the degree or other program.
   7. A student denied readmission pursuant to these Procedures may make a written request to the Vice President of Student Affairs or designee, to review the readmission or no return determination. The Vice President shall determine whether to:
      1. Uphold the decision; or
      2. Readmit the student, with or without risk mitigating conditions and/or accommodations.
         
      
      The Vice President’s decision is the final decision for the University.