Involuntary Health or Safety Withdrawal Policy

I.  INTRODUCTION

The purpose of this policy is to describe the criteria and process for an involuntary health or safety withdrawal of a student from The College of New Jersey.

II.  DEFINITIONS

Intentionally omitted.

III. POLICY

In accordance with College policy and applicable federal and state laws, a student who meets the criteria for involuntary health or safety withdrawal may be subject to involuntary health or safety withdrawal by the College.

A.  Criteria for Involuntary Health or Safety Withdrawal

1.  The criteria for involuntary health or safety withdrawal of a student are met if there is a substantial risk of either of the following:

a)  Significant harm to the health or safety of the student or others (“Harm”); or

b)  Unreasonable impediment to lawful educational process or activity for apparent medical or mental health reason of the student (“Impediment”).

2.  A student should not be subject to involuntary health or safety withdrawal under these procedures when disciplinary, academic, or other administrative responses are available and the student’s circumstances can best be addressed through those responses. When practicable and appropriate, efforts should be made to persuade a student to withdraw voluntarily under applicable procedures with conditions for readmission before initiating the involuntary health or safety withdrawal process.

3.  In evaluating whether a student meets the criteria for involuntary health or safety withdrawal, an individualized and objective assessment will be made of the student taking into consideration the following: (i) the nature, duration and severity of the risk of Harm or Impediment, (ii) the probability that the Harm or Impediment will actually occur, and (iii) whether accommodations requested by the student (if any) are reasonable and can be provided by the College to reliably and satisfactorily reduce the risk of Harm or Impediment.

B.  Behavioral Assessment and Response Team

The College has established the Behavioral Assessment and Response Team (“BART”) whose duties include assisting in evaluating whether students meet the criteria for involuntary health or safety withdrawal. BART includes representatives from the Office of the Dean of Students, Health Services, Counseling and Psychological Services, Residential Education and Housing, Campus Police, and Academic Affairs. Other members may be added at the discretion of the Vice President for Student Affairs. The members of BART selected to review a particular case will depend upon the specific circumstances; however, an appropriate health professional and representatives of the Office of the Dean of Students and the Office of Academic Affairs must participate in any review.

C.  Involuntary Health or Safety Withdrawal Process

1.  Procedure Initiation

Any member of the College community who has reason to believe that a student may meet the criteria for involuntary health or safety withdrawal may contact the Dean of Students to request an informal review. 

2.  Preliminary Determination by Dean of Students

a)  During the informal review the Dean of Students shall preliminarily determine whether reasonable support for application of this policy for consideration of possible involuntary health or safety withdrawal has been received.  In making that determination, the Dean of Students will consider whether (i) the information received is not inherently not credible, (ii) the information received (along with other information that the Dean of Students could reasonably anticipate  receiving through the Involuntary Health or Safety Withdrawal process set forth below) could meet the requirements for involuntary health or safety withdrawal and (iii) disciplinary, academic, or other administrative responses are not available or the student’s circumstances cannot best be addressed through those responses.

b)  If the Dean of Students has so found reasonable support for application of this policy, the Dean of Students, before determining whether to proceed further with the process for an involuntary health or safety withdrawal must determine whether the procedures for interim involuntary health or safety withdrawal or involuntary health or safety withdrawal (non-interim) should be applied.  Upon making that determination, the Dean of Students shall proceed with the appropriate procedures as outlined below.

3.  Interim Involuntary Health or Safety Withdrawal

a)  If health or safety is an immediate concern, the College may take interim action to protect the well being of the student and/or other members of the College community. By interim involuntary health or safety withdrawal, the College may remove a student from any or all College premises and programs when the Dean of Students, after considering reasonably available professional and other information determines in his/her judgment that a substantial risk of Harm exists and emergency interim withdrawal under these procedures is appropriate. 

b)  If during the involuntary health or safety withdrawal (non-interim) process the student refuses to meet with the Dean of Students, and/or refuses to undergo assessment or to keep a scheduled appointment, the Dean of Students may require interim removal without a meeting and/or assessment if the Dean of Students concludes on the basis of the available evidence that the student meets the criteria for involuntary health or safety withdrawal.

c)  Interim involuntary health or safety withdrawal is a preliminary action taken to protect the health and safety of the student withdrawn, or of others, and is not a penalty. Students subject to interim involuntary health or safety withdrawal immediately proceed to the involuntary health or safety withdrawal process.

4.  Involuntary Health or Safety Withdrawal (Non-Interim)

a)  Having found reasonable support for application of this policy for consideration of possible involuntary health or safety withdrawal, but having determined that the procedures for interim involuntary health or safety withdrawal are not necessary (either because interim involuntary health or safety withdrawal is already in effect or because health or safety is no longer of immediate concern), the Dean of Students, before determining whether to proceed further with the process for an involuntary health or safety withdrawal, shall take the following steps:

1)  Exercise all reasonable efforts to meet with the student.

2)  If warranted, offer the student the opportunity to be evaluated, at the College’s expense, by a qualified, licensed medical or mental health professional selected by the College. The professional shall assess, among other things, whether the student might meet the criteria for involuntary health or safety withdrawal. The professional shall present his or her findings to the Dean of Students.  The assessment will be provided to BART and other administrators involved under this policy and the student will sign any documents deemed necessary to authorize the release of records and disclosure of information and consultation between the professional and the Dean of Students, BART and other administrators involved under this policy. A student who refuses to undergo an assessment or to sign such documents may be subject to interim involuntary health or safety withdrawal and/or the drawing of negative inferences against the student in the process for involuntary health or safety withdrawal (interim or non-interim).

b)  The Dean of Students may, at his/her discretion, permit a student who, upon the available evidence, meets the criteria for involuntary health and safety withdrawal to remain enrolled on a probationary basis under specified conditions which may include, but are not limited to, participation in an ongoing treatment program, acceptance of and compliance with a behavioral contract, a housing relocation, a lighter academic course load, or any combination thereof. When making a determination of appropriate probationary conditions, the Dean of Students (i) may consult on an informal basis with BART, faculty, Residence Education, and other College staff and (ii) will consider the risk of Harm or Impediment and the probability that the specified conditions will reliably and satisfactorily reduce the risk of Harm or Impediment.

c)  Upon review of a student who, upon the available evidence, meets the criteria for involuntary health and safety withdrawal, the Dean of Students, after consultation with BART, may (i) promptly proceed with a hearing as set forth below or (ii) recommend to the student that the student voluntarily withdraw for health or safety reasons. If the student does not agree to withdraw voluntarily, the Dean of Students shall promptly proceed with a hearing as set forth below.

5.  Hearing

The College shall afford the student an opportunity for an informal hearing on the matter as set forth below.

a)  The Dean of Students shall conduct the hearing.

b)  Representatives of BART shall attend the hearing. 

c)  At the hearing, evidence relevant to whether the student is subject to involuntary health or safety withdrawal under the criteria for involuntary health or safety withdrawal will be presented.  Admissible evidence may include witnesses, written reports, documents or written statements, and a medical or mental health professional's written assessment.  Formal legal rules of evidence will not apply at the hearing. However, the Dean of Students may exclude evidence that s/he deems cumulative or not relevant.

d)  The student's rights at the informal hearing shall include the following.

1)  The right to be present, unless the student disrupts the hearing.

2)  The right to present relevant witnesses, evidence and statements.

3)  The right to question all witnesses at the hearing and to comment upon all documents presented.

4)  The right to be accompanied by an appropriate advisor at the student’s expense.  The advisor may be a spouse or parent/guardian, a health professional of the student’s choice, a faculty or staff member, or an attorney.  The advisor may advise the student, but, unless the student is incapacitated, the advisor may not actively participate in the hearing (e.g., question witnesses or present evidence).

e)  The Dean of Students and members of BART may also ask questions of any the student or any witness.

f)  The hearing will be closed to the public and the testimony and other evidence presented will be kept confidential.

g)  The hearing will be audio recorded and the recording will be made available to BART, the student (upon written request), and to any decision-maker involved in an appeal.

6.  Decision

a)  The Dean of Students shall render a decision based on evidence presented at the hearing, with due consideration given to the input received from BART.  If the Dean of Students concludes that the student does not meet the criteria for involuntary health or safety withdrawal, the Dean of Students will so inform the student and BART in writing, and the procedure shall terminate. If the Dean of Students concludes that the student does meet the criteria for involuntary health and safety withdrawal, the Dean of Students shall so state in a written decision that will include the reasons for this conclusion. This written decision will be provided to the student and BART within two (2) business days after the conclusion of the hearing.

b)  If the decision is made to withdraw the student, the College, upon the issuance of a notice of determination of involuntary withdrawal by the Dean of Students, will involuntarily withdraw the student. Conditions for readmission will be specified in writing. An involuntary withdrawal would be effective immediately upon issuance of the Dean of Students’ notice of determination or such later date as may be specified in the notice and the withdrawal shall remain in effect throughout the pendency of any appeal process.

7.  Appeal of Involuntary Health or Safety Withdrawal

a)  A student who is involuntarily withdrawn under this policy may submit a written request to the Vice President for Student Affairs for a review of the decision. To be timely, any such appeal must be received by the Vice President for Student Affairs within seven (7) business days of the notification of the Dean of Students to involuntarily withdraw the student. The student may request that the Office of Records & Registration notify the student’s instructors of the student’s absence from classes.  The Vice President for Student Affairs shall review the written appeal within seven (7) business days of receipt of the written appeal.

b)  At the conclusion of the review, the Vice President for Student Affairs shall determine whether to (i) require that a new hearing be conducted by the Dean of Students or other administrator designated by the Vice President for Student Affairs; (ii) uphold the withdrawal; or (iii) reinstate the student. The Vice President for Student Affairs may also modify the conditions of readmission. The decision of the Vice President for Student Affairs shall be final.

8.  Readmission

a)  A student who has been withdrawn under this procedure (voluntarily or involuntarily) and who wishes to be considered for readmission must contact the Dean of Students and provide appropriate documentation to comply with the conditions of readmission.

b)  The Dean of Students will review the request for readmission as follows:

1) review and investigate compliance with the conditions of readmission;

2) consult with appropriate members of BART; and

3) meet with the student.

c)  The Dean of Students will recommend to the Office of Admissions whether, in the judgment of the Dean of Students, the student should be readmitted.

d)  The Office of Admissions will make the final decision regarding readmission.

9.  Miscellaneous

a)  Reasonable deviations from these procedures by the College will not invalidate a decision or proceeding unless significant prejudice to a student is caused by such deviation.

b)  Failure of a student to take the opportunity to respond at the time and in the manner provided by the College shall not invalidate or delay any decision made or action taken under this Policy.

c)  Whenever an action may be or is required to be taken under this policy by the Dean of Students or Vice President for Student Affairs, the action may be taken respectively by the Dean or Vice President’s designee.

d)  During the Involuntary Health or Safety Withdrawal process, a representative of the College may contact the student’s parents or legal guardians, if deemed appropriate.

Approved by Board of Trustees:  Oct. 6, 2009