Student Code

A student will be subject to involuntary administrative withdrawal from the University, or from University housing, if it is determined, by clear and convincing evidence, that the student is suffering from a mental disorder, and, as a result of the mental disorder: (a) engages, or threatens to engage, in behavior which poses a danger of causing physical harm to self or others, or (b) engages, or threatens to engage, in behavior which would cause significant property damage, or directly impede the lawful activities of others.

These standards do not preclude removal from the University, or University housing, in accordance with provisions of the residence hall occupancy agreement, or other University rules or regulations.

Violations of Disciplinary Regulations

A student accused of violating University disciplinary regulations may be diverted from the disciplinary process and withdrawn in accordance with these standards if the student, as a result of mental disorder: (a) lacks the capacity to respond to pending disciplinary charges, or (b) did not know the nature or wrongfulness of the conduct at the time of the offense.

Students subject to disciplinary charges who wish to introduce relevant evidence of any mental disorder must so inform the Dean of Students in writing at least two (2) business days* prior to any disciplinary hearing. If the Dean determines that the evidence may have merit, the case shall then be resolved in accordance with the standards and procedures. Thereafter, if it is determined that the student does not meet the criteria set forth in paragraph three (3), the case will be returned to the disciplinary process. Evidence of the mental disorder may not be admitted into evidence or considered by the hearing panel in any disciplinary proceedings.

Referral For Evaluation

The Dean of Students may refer a student for evaluation by an independent licensed psychiatrist or psychologist chosen by the institution, if the Dean reasonably believes that the student may meet the criteria set forth in paragraph one (1), or if a student subject to disciplinary charge wishes to introduce relevant evidence of any mental disorder.

Students referred for evaluation in accordance with paragraph five (5) shall be so informed in writing, either by personal delivery or by certified mail, and shall be given a copy of these standards and procedures. The evaluation must be completed within five (5) business days from the date of the referral letter, unless an extension is granted by the Dean in writing. Students may be ccompanied by a licensed psychologist or psychiatrist of their choice, who may observe but not participate in the evaluation process. Legal representation will not be permitted.

Any pending disciplinary action may be withheld until the evaluation is completed, at the discretion of the Dean of Students.

A student who fails to complete the evaluation in accordance with these standards and procedures may be withdrawn on an interim basis, as set forth in paragraphs nine through twelve (9-12), or referred for disciplinary action, or both.

Interim Withdrawal

An interim administrative withdrawal** may be implemented immediately if a student fails to complete an evaluation, as provided by paragraphs five and six (5 & 6) of these standards and procedures. Also, an interim withdrawal may be implemented immediately if the Dean of Students determines that a student may be suffering from a mental disorder, and the student's behavior poses an imminent danger of: (a) causing serious physical harm to the student or others, or, (b) causing significant property damage or directly and substantially impeding the lawful activities of others.

A student subject to an interim withdrawal shall be given written notice of the withdrawal either by personal delivery or by certified mail, and shall be given a copy of these standards and procedures.The student shall then be given an opportunity to appear personally before the Dean of Students, or a designee, within two (2) business days from the effective date of the interim withdrawal, in order to review the following issues only: (a) the reliability of the information concerning the student's behavior, (b) whether or not the student's behavior poses a danger of causing imminent, serious physical harm to the student or others, causing significant property damage, or directly and substantially impeding the lawful activities of others. (c) whether or not the student has completed an evaluation, in accordance with these standards and procedures.

A student subject to interim withdrawal may be assisted in the proceeding specified in paragraph ten (10) by a family member and a licensed psychologist or psychiatrist, or in lieu of a licensed psychologist or psychiatrist, by a member of the faculty or staff of the institution. Furthermore, the student may be accompanied by legal counsel although the role of counsel will be limited to providing legal advice to the student. Students will be expected to speak for themselves whenever possible.

An informal hearing, as provided in paragraph thirteen (13), will be held within seven (7) business days after the student has been evaluated by the appropriate mental health professional. Such evaluation should be undertaken within two (2) business days after the student submits a proper request for an appointment. The student will remain withdrawn on an interim basis pending completion of the informal hearing, but will be allowed to enter upon the campus to attend the hearing, or for other necessary purposes, as authorized in writing by the Dean of Students.

Informal Hearing

Students subject to an involuntary withdrawal shall be accorded an informal hearing before a committee consisting of the Dean of Students, the Affirmative Action Officer, the Director of Counseling, and a Health Services staff member or respective designees. The following guidelines will be applicable:
(a) Students will be informed of the time, date, and location of the informal hearing, in writing, either by personal delivery or certified mail, at least two (2) business days in advance.
(b) The entire case file, including an evaluation prepared pursuant to paragraph five (5) of these standards and procedures, and the names of prospective witnesses, will be available for inspection by the student in the Dean of Students' office during normal business hours.The file, which should be available at least two (2) business days before the informal hearing, need not include the personal and confidential notes of any institutional official or participant in the evaluation process.
(c) The informal hearing shall be conversational and nonadversarial. Formal rules of evidence will not apply. The Dean or designee shall exercise active control over the proceedings to avoid needless consumption of time and to achieve the orderly completion of the hearing. Any person who disrupts the hearing may be excluded.
(d) The student may choose to be assisted by a family member and a licensed psychologist or psychiatrist, or, in lieu of the licensed psychologist or psychiatrist, by a member of the faculty or staff of the institution.
(e) Those assisting the student, except for legal counsel, will be given reasonable time to ask relevant questions of any individual appearing at the informal hearing, as well as to present relevant evidence.
(f) Whenever possible, the student will be expected to respond to questions asked by the committee members. Students who refuse to answer on grounds of the Fifth Amendment privilege may be informed that the committee could draw a negative inference from their refusal which might result in their dismissal from the institution, in accordance with these standards and procedures.
(g) The informal hearing may be conducted in the absence of a student who fails to appear after proper notice.
(h) The mental health professional who prepared the evaluation pursuant to paragraph five (5) of these standards and procedures may be expected to appear at the informal hearing, and to respond to relevant questions, upon request of any party, if the committee members determine that such participation is essential to the resolution of a dispositive issue in the case.
(i) The Dean or designee may permit a University official, and the mental health professional who prepared the evaluation, to appear at the informal hearing and to present evidence in support of any withdrawal recommendation. Such evidence will not be presented by legal counsel for the University.
(j) The informal hearing shall be tape recorded by the Dean or designee. The tape(s) shall be kept with the pertinent case file for as long as the case file is maintained by the institution.
(k) A written decision shall be rendered by the committee members within five (5) business days after the completion of the informal hearing. The written decision, which should be mailed or personally delivered to the student, should contain a statement of reasons for any determination leading to involuntary withdrawal. The student should also be advised as to when a petition for reinstatement would be considered, along with any conditions for reinstatement.
(l) The decision of the committee members shall be final and conclusive and not subject to appeal.

Voluntary Withdrawal

A student who appears to be suffering from a mental disorder may choose to withdraw voluntarily from the University. An official withdrawal form must be completed by the Dean of Students.

Petition For Reinstatement

Students referred to the Dean of Students who are withdrawn from the University either involuntarily or voluntarily, must petition the Dean of Students for reinstatement prior to re-enrolling in the University. A written request must be submitted no more than sixty (60) days, no less than thirty (30) days prior to the academic session in which the student wishes to enroll. The Dean of Students may require a personal appearance by the student.

Conditions For Reinstatement

Students referred to the Dean of Students who are withdrawn from the University, either voluntarily or involuntarily, may be subject to conditions for reinstatement. These conditions may include, but are not limited to: (a) submission of a psychological assessment by a mental health professional, accompanied by a release of information form (b) continuation of therapy (c) continuation of medication (d) successful completion of college courses at another college or university (e) restriction on place of residence, and (f) other conditions which may be specified

Transcript Notation and Refunds

The transcript of a student withdrawn pursuant to these guidelines shall indicate the grade of "W" for each course. The transcript shall not reflect whether the withdrawal was voluntary or involuntary. Additionally, the student shall receive a 90 % refund of the applicable tuition paid (minus any financial aid adjustments) if the withdrawal occurs after the first week of classes.

Deviations From Established Procedures

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