Involuntary Withdrawal Policy

1. Purpose

The purpose of this policy is to provide a procedure for determining whether an identified student's behavior poses a Direct Threat (as defined herein), and for responding to such behavior. However, involuntary withdrawal may be appropriate when:

• The student displays behavior which is not prohibited by and/or could not be adjudicated by the Student Code of Conduct, the Sexual Misconduct Policy, or the Academic Integrity Policy, but that nonetheless poses a Direct Threat;
• The student demonstrates a risk of repeated display of such behavior.

The University’s Behavioral Intervention Team (herein referred to as “BIT”) will convene to respond to complaints about a student who is allegedly disrupting the living, learning environment and/or poses a direct threat to themselves or to the University community.

2. Policy

In the absence of other reasonable means or university procedures available for addressing a student’s behavior which poses a direct threat, the University will conduct an individualized assessment of the student behavior and circumstances related to the observed behavior of concern and, if appropriate, implement the involuntary, total withdrawal of the identified student from the University.

If a student is suspended by the Office of Student Life following a violation of the University’s Code of Conduct not related to academic dishonesty, the Office of Student Life may facilitate a University-initiated involuntary withdrawal from courses for which a student is registered for the term and may (depending on the circumstances of the situation) have the Registrar assign grades of W for those courses. The instructor must be informed of the assignment of the W grade.

The student may appeal an involuntary withdrawal decision or may seek reenrollment to the University at a later time, in accordance with the guidelines and procedures articulated below. The decision regarding an appeal or reenrollment request will be considered on the basis of whether the student continues to pose a Direct Threat.

The policy will be applied in a nondiscriminatory manner, and decisions will be based on consideration of the student’s conduct, actions, and statements, not on knowledge or belief that the student has a disability. The University may request, however, documentation from the student’s provider to help the Behavioral Intervention Team (BIT) in assessing the student’s ability to remain or return to academic enrollment and/or the residential environment.

3. Definitions

A. Direct Threat

Behavior which poses:

• significant risk to the health or safety of self or of others, or
• significant risk of damage to University property, or
• substantial disruption to the activities or education of other students.

B. Significant Risk

Behavior which has a high probability (not just a slightly increased, speculative, or remote risk) of substantial harm to the campus community, given information concerning the behavior that is available at the time of consideration.

C. Substantial Disruption

Behavior which continually and considerably interferes with other students’ participation in academic, work, extracurricular, housing/residence life, or other university-related activities.

D. BIT

Behavioral Intervention Team which is comprised of Director of Residence Life, Director of Counseling, Director of Student Support Services, Chief of Campus Police, Assistant Athletic Director, Director of Compliance, Equity, and Inclusion, and the Vice President of Student Life.

4. Procedures

A. Review Process

1. When a member of BIT is made aware of an identified student whose behavior could warrant involuntary withdrawal, the BIT will convene as quickly as possible and oversee the review process, conduct an individualized assessment of the student’s behavior and circumstances related to the observed behavior of concern, and advise whether or not a direct threat exists based on the NABITA Threat Assessment Tool. Depending on the nature of a particular case, and in accordance with FERPA and other relevant laws, other individuals who can assist in evaluating the potential risk posed by the student’s behavior may be identified to advise the BIT Team, including professionals qualified to interpret the information available for consideration.
   
   The goal of the BIT will be to ascertain whether the student’s behavior poses a Direct Threat. Factors to consider may include:
   • the nature, duration, and severity of the risk of harm;
   • the likelihood that the potential harm will occur;
   • if the student asserts to have a legally protected disability entitled to reasonable accommodation, consideration should be given to whether reasonable modification of University policies, practices, and procedures would sufficiently mitigate the risk.
2. The BIT may implement interim measures until an informed decision has been made.
3. The BIT may request to review educational records and/or to consult with various campus community members or others who may be knowledgeable of the student and/or the behavior of concern.
4. The BIT may request that the student take part in a medical/psychological evaluation with the University’s Campus Crisis Counselor and/or the student’s own health provider and will require the submission of the Provider Assessment Form.
5. The BIT may request that all supporting documentations, meetings, and notes be submitted for review within two weeks of facility release date.
6. The BIT may request a personal meeting(s) with the student. Although it is highly desirable that the student choose to attend such a meeting(s), the review process will proceed if they do not attend. Furthermore, the Direct Threat review process will proceed regardless of the student’s ongoing University status. At the meeting(s), the BIT will present and discuss the information that is available for consideration.
7. Based upon the BIT assessment, including consultation with professionals qualified to interpret the information available for consideration, the BIT may conclude that a Direct Threat exists and, if so, will determine an appropriate next step, which may entail involuntary, total withdrawal of the student from the University, but would not preclude other actions depending on the particular situation, including but not limited to, an interim restriction from campus.
8. A quorum of the BIT is needed for an official decision to be made.
9. The BIT decision will be communicated to the student and will provide the primary information that led to the decision. Any conditions for later reenrollment will also be communicated at that time. The decision and related information will be communicated in writing to the student, and may be additionally communicated in other forms if the situation permits.
10. At any time prior to conclusion of the review process, the student may withdraw voluntarily. Students may not qualify for a refund of tuition, room or board.

B. Appeal Process

1. The decision of the BIT may be appealed in writing by the student to the Vice President for Academic Affairs (VPAA).
2. An appeal must be filed within three (3) business days after the decision of the BIT Team is communicated in writing to the student.
3. The VPAA’s decision on the appeal will be final and conclusive.
4. During the appeal process, the student will remain totally withdrawn and/or restricted from campus as an interim measure (whichever is applicable) from the University.

C. Reenrollment Process

1. A student involuntarily withdrawn may not re-enroll or be re-admitted before the start of the next semester. A student for whom the BIT concluded a Direct Threat exists may later request reenrollment to the University. A request must be made to the Vice President of Student Life. In their request, the student should provide evidence that they would no longer pose a Direct Threat, and that any conditions for reenrollment have been met. Such student is responsible for any fees associated with treatment, activities, and/or evaluations that they have taken part in or obtained in an attempt to demonstrate appropriateness for reenrollment.
2. The Vice President for Student Life will then convene the BIT to review the case regarding the reenrollment of the student.
3. The BIT may request an updated, independent, University-obtained medical/psychological evaluation and/or request to meet with the student. The University will request for the student to sign the BIT Release of Information Form.
4. The decision of BIT will be based on a determination of whether the student can return safely to the campus community and no longer pose a Direct Threat.

D. Emergency Situation

At any time prior to the initiation or conclusion of the review process, the BIT may implement an interim involuntary withdrawal of the student, and/or an interim restriction from campus and/or residential living environment should immediate action appear warranted. A review process, as outlined above, will occur as soon as reasonably possible to consider the interim decision.

Reasonable deviation from these procedures due to crisis and/or emergency situations will not invalidate the need for a review process and its subsequent decision.

E. Relationship to Conduct Process:

An Involuntary Withdrawal is not a substitute for appropriate action pursuant to the Student Code of Conduct and administrative actions outlined in the Student Code of Conduct, including interim suspension, may be enacted if one or more of the following situations exist:

• an imminent threat of danger or harm to any member of the community
• a significant new or continuing disruption to the community is imminent
• a student is unwilling or unable to meet with the appropriate office
• a student refuses to complete a required assessment; or
• other exceptional circumstances exist that make administrative action appropriate.