Involuntary Withdrawal for Threats Related to Mental or Psychological Disorders
Authority
This policy is intended to establish standards and procedures for addressing specific
student conduct in extraordinary instances when, in the judgment of appropriate administrative
officials, the Student Code of Conduct is not applicable or cannot be timely applied
effectively.
The authority to issue an involuntary college withdrawal for direct threat reasons
rests with the Vice President of Student Affairs and the Vice President of Academic
Affairs.
Issuance
A student will be subject to involuntary College withdrawal for direct threat reasons
if the student engages or threatens to engage in behavior that poses an immediate
threat of harm to self or others. "Direct threat" means behavior that: (1) presents
a significant risk of substantial harm to the health or safety of the individual or
others or (2) substantially impedes the lawful activities of other members of the
campus community. (U.S. Department of Education Office for Civil Rights policy holds
that nothing in Section 504 of the Rehabilitation Act of 1973 prevents educational
institutions from addressing the dangers posed by an individual who represents a "direct
threat" to the health and safety of self or others, even if such an individual is
a person with a disability, as that individual may no longer be qualified for a particular
educational program or activity.)
A student whose behavior appears to meet the above criterion is subject to mandatory administrative referral by an administrator to either the Counselor or designee for an immediate, mandatory psychological evaluation, including a direct threat assessment.
No other person may accompany the student during this evaluation. The examining mental health provider will immediately communicate the evaluation results to the referring administrator in writing with an opinion regarding the presence or absence of a direct threat of harm to the student or others.
If the administrator determines based on evidence (a) from the examining mental health provider that the student has a mental disorder, as defined by the current American Psychiatric Association diagnostic manual or its equivalent; (b) that as a result of the mental disorder, a direct threat of harm to self or others is present; and (c) that it is in the best interest of the student, apparent potential third party victims and the College that the student receive an involuntary College withdrawal for direct threat reasons, the student will be informed of the decision, the reason(s) for the decision, and of their right to an informal administrative hearing with the administrator or designee.
If it is determined that a direct threat of harm to self or others is not present, procedures under this policy will have been concluded. The student will be referred to the administrator for review and adjudication of any violations of the Student Code of Conduct that may be outstanding.
The student must provide written authorization to permit verbal and written communication
about their condition between college officials and all the examining licensed mental
health providers specified in the policy. Failure by the student to complete any required
mental health assessment(s) under this policy and procedure or failure to provide
written authorization for communication among pertinent College and designated non-College
individuals under this policy, or failure to abide by deadlines and other requirements
of this policy will result in the initiation of an involuntary College withdrawal
for apparent direct threat reasons.
Hearing
A student who receives an involuntary College withdrawal for direct threat or apparent
direct threat reasons related to mental or psychological disorders may request an
informal administrative hearing with the administrator or designee to review only
(1) the accuracy/reliability of the information regarding the student's behavior,
and (2) whether or not the criterion for involuntary College withdrawal for direct
threat or apparent direct threat reasons has been met.
The request for an informal administrative hearing must be submitted to the administrator
in writing within three College class days of the issuance of the involuntary College
withdrawal. It must include the student's authorization to release relevant information
to conduct the hearing. If the student refuses to provide such authorization, the
informal hearing will proceed without the requested information. The student will
remain involuntarily withdrawn from the College pending the conclusion of the informal
hearing.
If the student is hospitalized during the time interval for requesting an informal administrative hearing, the request deadline will generally be deferred to the third College class day after the date of the student's discharge from the medical facility.
The administrator will convene the informal administrative hearing, usually within three College class days of receipt of the student's written request. The student may be assisted during the proceeding by a licensed mental health provider of their choice, a member of the College faculty or staff, or a family member. The student may request that the administrator, director, or psychiatrist be present.
As part of the informal hearing process, the administrator may require the student to undergo, at College's expense, an additional psychological evaluation and direct threat assessment by a licensed mental health provider designated by the College. The results of such evaluation shall be communicated to the administrator for consideration. No other person may accompany the student during this evaluation.
Generally, within two College class days of concluding the informal hearing, the administrator will determine if the involuntary withdrawal for direct threat or apparent direct threat reasons related to mental or psychological disorders is appropriate or if the student will be reinstated. The administrator may consult with pertinent College officials before making this determination. The administrator's decision will be final. Written communication of the decision will be given to the student in person or sent by certified mail within one College class day of the decision.
Throughout the term of the involuntary College withdrawal for direct threat or apparent direct threat, the student may not attend class or use College facilities, must vacate College housing, and may not return to campus unless approved by the Vice President of Student Affairs or designee. The student will be responsible for their own food and shelter during the period of the involuntary College withdrawal.
The student will be entitled to any applicable refunds of tuition, fees, and room and board charges during the involuntary College withdrawal. A registration hold will be placed on the student's record so that any request for subsequent registration will come to the administrator's attention.
Reinstatement
The involuntary College withdrawal will remain in effect until the student adequately
demonstrates that their behavior no longer constitutes a direct threat of harm to
self or others. For reinstatement to the College, the student must submit a written
request to the administrator and arrange for the submission of documentation from
their licensed mental health provider confirming the absence of a direct threat of
harm to self or others as defined in this policy. The student must authorize verbal
and written communications about their condition between all licensed mental health
providers involved in this process and relevant College staff.
The director or staff psychiatrist will review this information and provide a written recommendation to the administrator regarding the student's eligibility for reinstatement.
The Vice President of Student Affairs or Vice President of Academic Affairs may require the student to undergo, at College expense, additional psychological evaluation by a licensed mental health provider designated by the College, and the results of such evaluation shall be communicated to the administrator for consideration. No other person may accompany the student during this evaluation. Written communication of the decision to grant or deny reinstatement will usually be given to the student in person or sent by certified mail within one class day of the decision.
Upon reinstatement at the College, the student will be referred to the Vice President of Academic Affairs for review and adjudication of any violations of The Student Code of Conduct that may be outstanding. When all judicial proceedings have been completed and any applicable academic requirements satisfied, the student may be permitted to re-enroll at the College.