Student Handbook and Code of Conduct 2022-2023

The following policies and procedures are to be used to help transition a student to a safer environment more conducive to their needs when it becomes clear that remaining at the College is not in the best interest of the student or the College community. This policy also allows for a student to take a leave voluntarily when medical conditions or psychological distress make a leave in their best interest; its goal is to define the length of separation, outline the path to re-entry and ease the transition for the student’s return, and to optimize the opportunities for the student’s success when they return. Under certain conditions, if a student has not opted to take a leave voluntarily, the College may institute an involuntary leave under this policy.

A. College-Initiated Medical Leave

If a student poses a direct threat of harm to others, or causes the College to have a legitimate safety concern of harm to self, the Chief Student Affairs Officer (or designee) may initiate proceedings under the Code of Student Conduct. Students who engage in threats to others or self-harm behaviors that cause a significant disruption to the community may also be subject to the Code of Student Conduct.

a. Standard for College-Initiated Medical Leave on the Basis of Threat of Harm to Others

This section applies to all medical leaves from housing or from the College for any student who is at significant risk of harm to others. The objective of the College is to determine whether it is more likely than not that a student is a direct threat. When a student is a direct threat, they may be placed on leave until they are no longer a direct threat.

A direct threat exists when a student poses a significant risk to the health or safety of others. A significant risk constitutes a high probability of substantial harm. Significance will be determined by:

• The duration of the risk;
• The nature and severity of the potential harm;
• The likelihood that the potential harm will occur; and
• The imminence of the potential harm.

The College must determine whether reasonable modifications to policies, practices or procedures will sufficiently mitigate the risk.

Determining that a student is a direct threat requires an objective and individualized assessment and hearing. The assessment must be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. This standard also applies to the reinstatement of a student who has been placed on leave. They are entitled to return upon a showing they no longer pose a direct threat of harm to others. The College’s Behavioral Intervention and/or Threat Assessment Team will likely assist in this determination.

b. Standard for College-Initiated Medical Leave on the Basis of Self Harm Behaviors

Self-harming behaviors that significantly disrupt normal College activities will be subject to the Code of Student Conduct. Potentially lethal or acute self-harming behaviors, such as suicide attempts, are addressed under this policy as legitimate safety concerns. When the College, using the process outlined below, determines that a student poses a legitimate safety concern of harm to self, the College-Initiated Medical Leave process can be invoked.

Status of Conduct Proceedings

If the student has been accused of a violation of the Code of Student Conduct, but it appears that the student is not capable of understanding the nature or inappropriateness of the action, this policy may be activated prior to issuance of a determination in the conduct process. Interim suspension for threat of harm to others or a legitimate safety risk to self will also likely be imposed.

If the student is placed on medical leave from the College, or another action is taken under these provisions following a finding that the student’s behavior was the result of a lack of capacity, such action terminates the pending conduct action. If the student is found not to be subject to medical leave, conduct proceedings may be reinstated.

Referral for Assessment or Evaluation

The appropriate official (or Behavioral Intervention Team) may refer or mandate a student for evaluation by a campus or independent licensed psychiatrist or psychologist (or licensed professional counselor, social worker, licensed clinical social worker, etc.) chosen by the College. Such evaluation may be appropriate if it is believed that the student may meet the criteria set forth in this policy or if a student subject to conduct proceedings provides notification that information concerning a mental health/behavioral condition or disorder will be introduced.

Students referred or mandated for evaluation will be so informed in writing with personal and/or certified delivery, and will be given a copy of these standards and procedures. The evaluation must be completed per the direction of the referral letter, unless the Chief Student Affairs Officer  (or designee) grants an extension. A student who fails to complete the evaluation in accordance with these standards and procedures, and/or who fails to give permission for the results to be shared with appropriate administrators, will be referred for conduct action for “Failure to Comply” under the Code of Student Conduct.

College-Initiated Medical Leave Hearing Procedures

a. Administrative Hearing Option

The Chief Student Affairs Officer  (or designee) may invoke informal resolution procedures to determine the need for an involuntary leave without a formal hearing. This process is also known as an administrative hearing or conference. In administrative hearings, medical and administrative evidence (e.g. BIT assessment) will be introduced, and final determinations will be made by the Chief Student Affairs Officer  (or designee). If the medical evaluation and/or administrative assessment (e.g. BIT assessment) support the need for a leave, the Chief Student Affairs Officer  will render a written decision within two business days, barring exigent circumstances, stating the rationale for his/her determination. The decision will be delivered to the student directly, electronically, and/or by regular and certified mail. If the determination is made that a leave is warranted, the notification will include information regarding how long the leave may endure, as well as specifying any conditions of reinstatement. If other actions are pending, the appropriate individuals will be notified and may proceed with their actions.

b. Formal Hearing Option

The student subject to a College-initiated medical leave may request a formal hearing in lieu of the administrative hearing described above. If the medical evaluation and/or administrative assessment (e.g. BIT assessment) support the need for a leave, a hearing will be scheduled before the Chief Student Affairs Officer  (or designee), and core members of the College administration. The student will be informed, in writing electronically and through regular and/or certified delivery, of the time, date and place of the hearing. The student will be given at least two business days to independently review the psychological or psychiatric evaluation prior to the hearing. The student will be notified of who is expected to present information at the hearing, and is expected to notify the Chief Student Affairs Officer  (or designee) of any parties with relevant information whom the Dean should contact to request their appearance at the hearing as a witness. The student may, at the discretion of the Chief Student Affairs Officer  (or designee), be assisted by an advisor in the hearing. The student is permitted to have an attorney present to attend/advise, but no advisor will be allowed to speak for or formally represent the student during a medical leave hearing, unless the Dean grants an exception, such as in cases of incapacity.

The student or the student’s advisor may present information about the necessity and appropriateness of medical leave and the student will be given the opportunity to ask questions of others presenting information. The hearing should be conversational and non- adversarial; however the Chief Student Affairs Officer  (or designee) will exercise active control over the proceeding, to include deciding who may present information. Formal rules of evidence will not apply. Anyone who disrupts the hearing may be excluded. There will be a single verbatim record, such as a tape recording, for all involuntary leave hearings. The record will be the property of the College and maintained according to the College’s record retention policy for such hearings.

A written decision will be rendered by the committee on the basis of a preponderance of evidence within two business days, barring exigent circumstances, and will state the rationale for its determination. The decision will be delivered to the student in writing electronically and through regular and/or certified delivery. If the determination is made that a leave is warranted, the notification will include information regarding how long the leave may endure, as well as specifying any conditions of reinstatement. If other actions are pending, the appropriate individuals will be notified and may proceed with their actions.

c. Appeals Process

The determination of the medical leave hearing, administrative or formal, is subject to appeal to the Chief Student Affairs Officer in accordance with the following process:

Students subject to College-initiated medical leave may petition for a review of the determination within three (3) business days of issuance of the hearing committee’s written decision. All petitions must be in writing and delivered to the Chief Student Affairs Officer (or designee). Reviews will only be considered for one or more of the following purposes:

• To consider new information which was unavailable at the time of the original hearing and could be outcome determinative;
• To assess whether a material deviation from written procedures impacted the fairness or outcome of the hearing;
• To decide if a medical leave is inappropriate to address the nature, duration and/or severity of the risk or threat;
• To determine if the decision does not align with the information provided in the hearing or whether reasonable modifications might mitigate the risk without a leave; or
• To assess whether bias on the part of a hearing committee member deprived the process of impartiality.

Except as required to explain the basis of new information unavailable at the time of a hearing, review of a hearing will be limited to the verbatim record of the initial hearing and/or all supporting documents. The review and appeal decision of the Vice President for Student Affairs (or designee) is final.

B. Readmission Following a College-Initiated Medical Leave

A student who is seeking reinstatement to the College after College-initiated medical leave must receive clearance by providing the Chief Student Affairs Officer  written evidence from a licensed medical or mental health professional that the student is no longer a direct threat to others or a legitimate safety concern, and is otherwise qualified to participate in the College’s educational programs. Any other conditions outlined in accordance with this policy and/or any conduct sanctions must also be completed. A hearing, as outlined above, may be held to determine whether the student is qualified to return.