Student
Involuntary Administrative Withdrawal
| Effective Date: |
6.17.2003
|
Revision Date: |
|
| Chapter Name: |
Student
Programs and Requirements |
Policy Number: |
8.7 |
| Policy Name: |
Student
Involuntary Administrative Withdrawal |
| A
PDF version of this policy is available
via this link. |
UNIVERSITY POLICY STATEMENT
It is the policy of Eastern Michigan University
to establish a Student Involuntary Administrative
Withdrawal Policy for the purpose of maintaining
a campus environment that is conducive to learning,
protects the University’s educational purposes,
maintains reasonable order on campus and protects
the rights and safety of all members of the University
community. The University may order the involuntary
withdrawal of a student from the University or from
University Housing in accordance with University
policy, as described below.
UNIVERSITY PRACTICE
The Student Involuntary Administrative Withdrawal
Policy, below, outlines the procedures to be utilized
in seeking the involuntary withdrawal of a student.
Section I: Scope of Policy
The policy will cover behaviors described in Section
II: Standards for Withdrawal, items “a” through “e”,
that occur on University premises and/or at University-sponsored
activities but may also address off-campus behavior
if the University determines that the behavior,
or the continued presence of the student impairs,
obstructs, interferes with or adversely affects
the mission, processes or functions of the University.
For purposes of this policy a student is defined
as follows:
a. Any person enrolled for courses through or at
EMU, both full-time and part-time and those who
attend educational institutions other than EMU but
who reside in EMU residence halls.
b. Any person who is not officially
enrolled for a particular term but whose EMU record
indicates a continuing relationship with the University,
or
c. Any person who has been accepted
into EMU but have not yet enrolled for courses.
Section II: Standards for Withdrawal
In accordance with University policy and applicable
federal and state laws prohibiting discrimination
based on disability, a student may be involuntarily
withdrawn from the University and/or University
Housing, either temporarily or permanently, if it
is determined that a student suffers from a mental
disorder as defined by the current American Psychiatric
Association Diagnostic and Statistical Manual and
as a result of the disorder:
a. Engages, or threatens to engage, in behavior
which poses a danger of causing physical harm to
self or others, and/or
b. Engages, or threatens to engage,
in behavior which would cause significant property
damage, which directly and substantially impedes
the lawful activities of other members of the University,
and/or
c. Demonstrates an inability to satisfy
personal needs (e.g., nourishment, shelter) such
that there is a reasonable possibility that serious
physical harm or death might occur within a short
period of time, and/or
d. Commits a violation of the University’s
Student Conduct Code and lacks the capacity to comprehend
and participate in the University’s disciplinary
process, and/or
e. Commits a violation of the University’s
Student Conduct Code and did not understand the
nature or wrongfulness of the conduct at the time
of the offense.
Section III: Premises Underlying This Policy
An involuntary administrative withdrawal:
a. Is not a substitute for appropriate disciplinary
action under the Student Conduct Code.
b. Should not be used to dismiss socially
or emotionally “eccentric” students
who do not otherwise meet the standards for withdrawal
specified in this section.
c. Should only be initiated after reasonable
attempts to secure voluntary cooperation for a psychological
evaluation or withdrawal have been exhausted or
if the student refuses to agree to or doesn’t
adhere to reasonable conditions established for
his/her continued presence on campus and/or in University
Housing.
Section IV: Procedures Under This Policy
Commencement of the Process
This process may be initiated by the Director of
Student Judicial Services when:
a. Any member of the University community who reasonably
believes that a student may meet one of the involuntary
withdrawal standards in Section II contacts the
Director of Student Judicial Services with his/her
concerns about the student; and/or
b. The student is referred to Student
Judicial Services for a possible conduct code violation
and the conduct is such that it may meet one or
more of the involuntary withdrawal standards.
Informal Review by Student Judicial Services
The Director of Student Judicial Services will
conduct a preliminary, informal review and will
schedule a meeting with the student. At the end
of this informal review, the Director may do one
or more of the following:
a. Determine that the student does not meet the
standard for involuntary withdrawal and terminate
this process. If warranted, the student’s
conduct will be handled by Student Judicial Services
under the regular disciplinary process.
b. Require the student to schedule an
evaluation by a qualified, licensed mental health
professional outside the University within five
calendar days. The student will be responsible for
any costs associated with the evaluation.
c. Refer the student to the Behavioral
Evaluation Team for an assessment and recommendation
under this policy. Any pending disciplinary action
against the student will be postponed until the
Behavioral Evaluation Team completes this process.
d. Allow a student who meets the conditions
for an involuntary withdrawal to voluntarily withdraw
from the University and waive the right to further
procedures under this policy. If future reenrollment
at the University is an option, the Director will
provide the conditions necessary for consideration
of reenrollment to the student in writing (see “Conditions
for Reenrollment” section of this policy).
Referral to the Behavioral Evaluation Team
After completing the informal review as described
in the above section, the Director of Student Judicial
Services may refer a student to a hearing with the
University’s Behavioral Evaluation Team for
assessment and recommendations. The team will include
the:
• Dean of Students, or his/her designee (Serving
as the Chair)
• Director of Counseling Services, or his/her
designee
• Director of Housing, or his/her designee
The role of the Behavioral Evaluation Team is to
evaluate the student and make a determination as
to whether the student should be involuntarily withdrawn
from the University and/or University Housing or
whether the student can remain in school and/or
continue to live in University Housing under specified
conditions. The recommendation by the Behavioral
Evaluation Team will require the concurrence of
any two of the three team members.
The Director of Student Judicial Services will
arrange for the Behavioral Evaluation Team to meet
with the student and will notify the student in
writing of his/her referral to a hearing and inform
the student of the time, date and location of the
hearing. If the Director of Student Judicial Services
has ordered a psychological assessment, the Behavioral
Evaluation Team will not be convened until the evaluation
has been completed and the written psychological
assessment has been submitted to the University.
Notice of the hearing will be considered adequate
if it is sent to the student’s last known
address registered with the University or is hand
delivered to the student at least three business
days in advance of the meeting time.
Behavioral Evaluation Team Hearing
The Behavioral Evaluation Team will conduct a hearing
with the student in order to determine an appropriate
course of action under this policy. The following
guidelines will govern the hearing:
a. The student will have the right to be present
throughout the entire hearing, unless the student
becomes disruptive.
b. The hearing will be conducted even
if the student fails to attend the hearing or if
the student is removed during the hearing for disruptive
behavior.
c. A family member and/or a qualified
mental health professional may accompany the student
to the hearing. Legal counsel will not be permitted
at this hearing. The student will be expected to
speak on his/her own behalf whenever possible.
d. The student will have the right to
review all case information before the hearing with
the exception of personal or confidential notes
of University officials regarding the case. The
information will be made available to the student
in the Student Judicial Services office during normal
business hours at least 2 days before the scheduled
hearing.
e. The hearing shall be conversational
and non-adversarial, whenever possible. Formal rules
of evidence will not apply, except that the Chair
may exclude evidence that is not relevant or is
cumulative.
f. The student has the right to question
all witnesses at the hearing and comment on all
documents presented.
g. The hearing will be closed to the
public and all testimony and evidence will be considered
confidential.
h. The hearing will be tape recorded
by the University. Tapes will remain the property
of the University and will serve as the official
record of the proceedings. The University will retain
the tape recording for a period of two years after
a final determination has been issued and all appeals
have been exhausted under this policy. After the
expiration of this two year period, the University
may erase or discard the tape recording.
Disposition of the Case
Upon completion of the Behavioral Evaluation Team
hearing, the Team will submit its written findings
to the Director of Student Judicial Services within
three business days. This document will include
the recommendation of the Team, the reason(s) for
the recommendation, and:
1. If the team recommends an involuntary withdrawal,
whether the student is eligible to be reconsidered
for reenrollment, including the conditions the student
must meet to be considered and any length of time
that must pass before the student can apply for
reenrollment, OR
2. If the team does not order an involuntary
withdrawal, any conditions that the student must
meet in order to remain enrolled in school and/or
remain in University Housing.
The Director of Student Judicial Services will
notify the student in writing within three business
days after receiving the Team’s written finds
and will inform the student of his/her right to
appeal the Team’s recommendation. If the student
chooses not to appeal or if, after the appeal, the
recommendation is still to allow the student to
remain enrolled in school and/or remain in University
Housing, the student will meet with the Director
of Student Judicial Services, within five calendar
days, to formalize the recommendation into a behavioral
contract between the University and the Student.
APPEAL PROCESS
A student may appeal any of the following decisions
rendered under this policy:
a. An involuntary withdrawal from the University
and/or from University Housing recommended by the
Behavioral Evaluation Team.
b. The conditions recommended by the
Behavioral Evaluation Team in order for the student
to remain enrolled and/or to continue living in
University Housing.
c. A denial of the student’s request for reenrollment
by the Behavioral Evaluation Team.
d. An involuntary withdrawal implemented
in accordance with the “Student’s Failure
to Comply” section of this policy.
The student must submit a written appeal
to the Vice President for Student Affairs and Enrollment Management office
within seven calendar days of the date of the decision
being appealed. After reviewing the student’s
case and after meeting with the student, the Vice
President or his/her designee will render a written
decision as it relates to the student’s appeal
within five calendar days. This decision will be
final.
A student who voluntarily withdraws or is involuntarily
withdrawn under this policy may be subject to conditions
for reenrollment. These will be provided to the
student in writing and may include, but are not
limited to the following:
a. Submission of a psychological assessment by
a qualified mental health professional, indicating
readiness to return to school.
b. Continued counseling or therapy.
c. Continued medication.
d. Restriction against on-campus housing.
e. Successful completion of college
courses at another college or University.
f. Review by the Behavioral Evaluation
Team.
A student seeking reenrollment must do so by notifying
the Director of Student Judicial Services of his/her
desire to reenroll and must provide the office with
documentation of adherence to all required conditions
for reenrollment. The Director of Student Judicial
Services will refer the request to the Behavioral
Evaluation Team.
Reenrollment is not guaranteed; after reviewing
the case and meeting with the student, the Behavioral
Evaluation Team will make a decision on the student’s
request for reenrollment, designate any further
conditions for reenrollment and notify the student
in writing within five calendar days after meeting
with the student.
Student’s Failure to Comply
A student may be involuntarily withdrawn and/or
disciplined under the conduct code if he/she:
1. Fails to attend any required meeting under this
policy, and/or
2. Fails to timely schedule and/or appear
at a psychological assessment requested by the Director
of Student Judicial Services, and/or
3. Fails to adhere to any conditions
placed on him/her in order for him/her to remain
enrolled in the University and/or remain in University
Housing.
Section V: Emergency Interim Withdrawal
An emergency interim withdrawal may be implemented
immediately by the Director of Student Judicial
Services, after approval of the Vice President for
Student Affairs or his/her designee, if the Director
reasonably believes that the student may be suffering
from a mental disorder and there is reason to believe
that the student’s behavior poses a substantial
threat of harm to oneself or others, threatens or
endangers University property, or disrupts the stability
and continuance of normal University operations
and functions.
A student may be notified of the emergency interim
suspension either orally or in writing. It takes
effect the day it is issued by the Director of Student
Judicial Services.
A student withdrawn on an emergency interim basis
will be given the opportunity to meet with the Vice
President for Student Affairs or his/her designee
within forty-eight (48) hours from the effective
date of the emergency interim withdrawal to discuss
the following issues only:
1. The reliability of the information concerning
the student’s behavior, and/or
2. Whether the student’s continued presence
on campus poses a substantial threat of harm to
oneself or others, threatens or endangers University
property, or disrupts the stability and continuance
of normal University operations and functions.
At the conclusion of this meeting, the Vice President
or his/her designee may either uphold or cancel
the interim emergency withdrawal. Regardless of
whether the emergency interim withdrawal is upheld
or cancelled, the Vice President or his/her designee
will direct the Director of Student Judicial Services
to continue with the involuntary administrative
withdrawal process as outlined in this policy. However,
if the interim emergency withdrawal is to remain
in effect, the Director of Student Judicial Services
will make every effort to expedite the process in
an effort to minimize any possible negative impact
on the student.
Section VI: Transcripts and Refunds
Transcripts
A student who, under this policy, is allowed to
voluntarily withdraw or who is involuntarily withdrawn
will be given a “W” grade for each course
in which he/she is currently enrolled. An administrative
hold through the Dean of Students’ office
will be placed on the student’s academic record
to prevent any unauthorized reenrollment by the
student.
Refunds
A student who, under this policy, is allowed to
voluntarily withdraw or who is involuntarily withdrawn
may request a refund of tuition, fees, housing payments
and any other amounts. Refunds will be made in accordance
with applicable University policies and procedures.
RESPONSIBILITY FOR IMPLEMENTATION
The Vice President for Student Affairs and Enrollment Management is responsible
for the overall implementation, administration and
interpretation of the policy and may appoint a designee
to oversee appeals brought forth under this policy.
The Director of Student Judicial Services is responsible
for the daily administration of the policy.
SCOPE OF POLICY COVERAGE
This policy applies to all students as defined
in Section I of the Student Involuntary Administrative
Withdrawal Policy.
| Authority
for Creation or Revision: |
| Minutes of the Board of Regents: June 17, 2003, para. .6133M. |
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