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8. Student Programs and Requirements

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8.7. Student Medical Withdrawal Policy

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Effective Date: 6-17-2003

Revision Date: 6-16-2015

UNIVERSITY POLICY STATEMENT

Eastern Michigan University strives to maintain a community that is safe for all of its members.

When a student's conduct may jeopardize the health, safety or welfare of the community or one of its members, such conduct will typically be addressed through the Student Conduct Code. There are times, however, when such conduct may be, in whole or in part, the result of a documented medical condition, and/or the behavior is not appropriately addressed through the Student Conduct Code.  In those cases, this Policy may present an alternative to proceeding solely under the Student Conduct Code.  Every student's situation will be reviewed and assessed individually to determine if it is appropriate to apply this Policy.

Section I: Scope of Policy

The Policy will cover behaviors described in Section II that occur on University premises and/or at University-sponsored activities. The Policy may also address off-campus behavior if the University determines that the behavior 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 any of the following:

  • 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 residences.
  • Any person who is not officially enrolled for a particular term but whose EMU record indicates a continuing relationship with the University.
  • Any person who has been accepted into EMU but has not yet enrolled.

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and applicable federal and state laws prohibiting discrimination based on disability, a student may be medically withdrawn from the University and/or University residences, either temporarily or permanently, if it is determined that the student:

  • Demonstrates behavior that is unreasonably disruptive to the normal education process and orderly operation of the University, and requires an excessive amount of University resources, and/or
  • Demonstrates significant and ongoing inability to satisfy basic personal needs (e.g., nourishment, shelter) such that there is a reasonable possibility that harm may occur, and/or
  • 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 did not understand the nature or wrongfulness of the conduct at the time of the offense.

Section III:    Premises Underlying This Policy

The Involuntary Medical Review process will include consideration of the following information:

  • The objective and observable behaviors exhibited by the student;
  • Current medical information; and
  • The student's educational record.

An involuntary medical withdrawal:

  • Is not a substitute for appropriate disciplinary action under the Student Conduct Code.  The University reserves the right, in all cases, to address conduct under the Student Conduct Code.
  • Should not be used to dismiss socially or emotionally "eccentric" students who do not otherwise meet the standards for withdrawal specified in Section II.

Should only be initiated when:

  • Reasonable attempts to secure cooperation for a voluntary withdrawal have been exhausted or
  • 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 residence.

Section IV:    Procedures Under this Policy

Commencement of the Process

This process may be initiated when:

  • Any member of the University community reasonably believes that a student may meet one of the involuntary medical withdrawal standards in Section II and reports his/her concerns about the student, or
  • The student has committed a possible conduct code violation and the Conduct is  such that it may meet  one or more of the involuntary medical withdrawal standards in Section II.

Informal Review

The Chair of the Student Intervention Team (SIT) or his/her designee will review information as outlined in Section III and schedule a meeting with the student.

At the end of this informal review, the Chair may do one or more of the following:

  • Determine that the student does not meet the standard for involuntary medical withdrawal and terminate this process.   If warranted, the student's conduct will be handled by Student Conduct and Community Standards under the regular disciplinary process.
  • Require the student  to undergo  an evaluation by a fully-licensed psychologist  or psychiatrist designated by the University. The cost of the evaluation will be borne by the University.  If the student refuses to undergo an evaluation or to provide any release of requested information for the review and/or evaluation, the Involuntary Medical Withdrawal process will continue without the benefit of the medical evaluation.
  • Allow  a   student   who   meets   the   conditions   for   an     involuntary   medical 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 Student Intervention Team will provide the conditions necessary for consideration of reenrollment to the student in writing  (see "Conditions for Reenrollment" section of this policy) .
  • Refer  the  student   to   the   Involuntary   Withdrawal  Review  Team  (IWRT) to proceed with  the hearing process. Referral to the Involuntary Withdrawal Review Team (IWRT)

The role of the team is to determine whether the student should be involuntarily withdrawn from the University and/or University residences or whether the student can remain in school and/or continue to live in University residence under specified conditions.

  • The Involuntary Withdrawal Review Team will include: o The Chair of the Student Intervention Team.
  • Two additional members of the Student Intervention Team (excluding General Counsel).
  • The SIT Chair will arrange for the team to meet with the student and will notify the student by email of his/her referral to a hearing and inform the student of the time, date and location of the hearing. Notice of the hearing will be considered adequate if it is delivered to the student at least three business days in advance of the meeting time.

Involuntary Withdrawal Review Team Hearing

The IWRT 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:

  • The student may be present throughout the entire hearing, unless the student is not able to participate effectively.
  • The hearing will be conducted even if the student does not attend.
  • The student may be bring one support person to the hearing. The student will be expected to speak on his/her own behalf.
  • 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 at least 2 business days before the scheduled hearing.
  • The hearing will follow a discussion format whenever possible. Formal rules of evidence will not apply. The Chair may exclude information that is not relevant or is cumulative.
  • The student has the right to question all witnesses and comment on all documents presented.
  • The hearing will be closed to the public, and information will be considered confidential to the extent permitted by law.
  • The hearing will be recorded by the University.

Disposition of the Case

Upon completion of the hearing, the IWRT will submit its written findings to the Associate Vice President of Student Affairs or his/her designee within 3 business days. This document will include the recommendation of the IWRT, and the reason(s) for the recommendation.

  • A recommendation of involuntary medical withdrawal will include the conditions the student must meet to be considered for reenrollment and the length of time that must pass before the student can apply for reenrollment.  A recommendation of no involuntary medical withdrawal may still include conditions that the student must meet in order to remain enrolled in school and/or University residences.
  • A student who voluntarily withdraws or is involuntarily withdrawn under this policy may be subject to conditions for reenrollment which may include, but are not limited to:
  • Continued counseling or therapy
  • Continued medication
  • Restrictions from on-campus residences or Academic reintegration plan.
  • The Associate Vice President of Student Affairs or his/her designee will make a determination within 3 business days after receiving the IWRT recommendation(s).
  • The Associate Vice President of Student Affairs or his/her designee will inform the student of the decision and the right to appeal in writing within 3 business days.
  • The student will have 3 business days to notify the Associate Vice President of Student Affairs or his/her designee of their choice to either accept or appeal the decision in whole or in part. The decision will go into effect if the student fails to respond within 3 business days.

Reenrollment Process

  • Reenrollment requests must be submitted in writing to the Office of the Associate Vice President of Student Affairs 30 days prior to the desired date of return or as indicated in the decision letter.
  • Reenrollment requests must include documentation of adherence to all required conditions for reenrollment as indicated in the decision letter.
  • Reenrollment is not guaranteed. The Associate Vice President of Student Affairs or his/her designee will make a decision on the request which may include further conditions for reenrollment.
  • The student will receive written notification within 5 business days after meeting with the student.

Appeal Process

The student may appeal any of the actions taken under this policy, provided a written appeal is received by the Office of the Provost within 5 business days from the date of the decision. The following are the only grounds for appeal:

  • There were procedural errors in the hearing or disposition of the case serious enough to affect the outcome.
  • There is new information not available at the time of the hearing which would have materially affected the outcome.
  • The decision of the IWRT was not supported by the information presented at the hearing.

Possible outcomes of the appeal are:

  • Remand to the IWRT for further review.
  • Modification of the decision.

The Provost and Executive Vice President of Academic and Student Affairs or his/her designee will issue a written decision within 5 business days. This decision will be final.

The official case file will be retained by the Associate Vice President of Student Affairs' Office for a period of 7 years from a final determination date.

Section V:      Emergency Interim Suspension

  • An emergency interim suspension may be implemented immediately by the Associate Vice President for Student Affairs or his/her designee upon recommendation of IWRT, if the student's behavior poses an imminent threat to the health, safety or welfare of the community or one of its members, such that the timelines contained in Section IV: Procedures Under this Policy cannot be adhered to.
  • A student will be notified of the emergency interim suspension either orally or in writing.
  • Emergency interim suspension takes effect immediately.
  • A   student   suspended   on   an   emergency   interim   basis   will   be given   the opportunity to meet with the Associate Vice President of Student Affairs or his/her designee within 2 business days from the effective date of the emergency interim withdrawal to appeal the decision.
  • Whether the emergency interim suspension is upheld or cancelled, the Associate Vice President of Student Affairs or his/her designee will direct the IWRT to proceed with the Involuntary Medical Withdrawal Process as outlined in this policy.
Authority for Creation and Revision

Minutes of the Board of Regents, January 1-, 1966, para. .331M.
Minutes of the Board of Regents, December 5, 1979, para. .2165M.
Minutes of the Board of Regents, December 15, 2011
Minutes of the Board of Regents, June 16, 2015