Mandatory Medical Withdrawal Procedure

Introduction and Purpose

The mandatory medical withdrawal process may be initiated only after the campus Care Team receives a referral or other information regarding a student who appears to be demonstrating behavior consistent with the Policy Statement. A student may be accompanied through this process by a support person of their choice, but the University will not provide a support person. The expectation is that the student will serve as their own primary advocate through this process.

Individualized Assessment

Prior to mandating withdrawal, the designated Care Team will:

• conduct an individualized assessment based on the student’s observed or recorded conduct, actions, statements, or level of participation in academics;
• conduct a meeting with the student and a member or members of the Care Team for purpose of
  • informing the student that mandatory medical withdrawal is under consideration, and
  • giving the student an opportunity to present information for the Care Team to consider in its individualized assessment;
• give the student an opportunity to share the opinions and recommendations of the student’s healthcare provider(s), which the Care Team will carefully consider, along with the opinions and recommendations of any healthcare professional(s) consulted by the University, and any other information the student chooses to provide; 
  • In so doing, the Care Team will respect the student’s privacy and only ask the student to provide a release for access to the student’s health records as reasonably necessary to complete this individualized assessment; 
  • If no health assessment has been conducted, the senior student affairs officer or their designee may recommend the student to undergo such an assessment;
  • If necessary for the Care Team's individualized assessment, the senior student affairs officer or their designee may request the student to undergo an evaluation by an independent health professional in consultation with the university;
• consider notifying the student’s emergency contact as part of the information gathering process or to work more effectively with the student to address their behaviors of concern;
• determine on a case-by-case basis with the campus disability resources office whether and what reasonable accommodations can be made that would be effective to allow the student to continue to attend classes and participate in the educational programs offered by the University while seeking treatment for, or recovery from, any health condition(s).

The student will be required to withdraw only if (a) the University concludes after conducting the individualized assessment that the student’s continued participation would require modifications that would be unreasonable or fundamentally alter the nature of the educational programs; (b) the student rejects all reasonable accommodations offered and cannot meet the essential requirements of the educational program; or (c) even with all reasonable accommodations offered, the student cannot meet the essential requirements of the educational program. 

Recommendation and Decision

After completion of an individualized assessment as described above, the Care Team will make a recommendation to the senior student affairs officer or designee. The recommendation may be for mandatory medical withdrawal with conditions for return, for continued enrollment with reasonable accommodations, or for continued enrollment. If a withdrawal is recommended, every effort will be made to work with a student (and their family, if appropriate) to facilitate voluntary withdrawal.

If a student for whom withdrawal is recommended is unwilling to withdraw voluntarily, the senior student affairs officer or designee will serve as the decision maker. The senior student affairs officer or designee will communicate a final decision to the student.

Appeal

A student who has been mandatorily withdrawn has a right to a prompt appeal to the President or their designee.

Grounds for Appeals

The following are the grounds for appealing a mandatory medical withdrawal:

• There was a significant procedural error sufficient to affect the outcome (e.g., lack of notice, opportunity to be heard, or opportunity to provide information). A procedural error is not a basis for sustaining an appeal unless it is significant enough to affect the outcome.
• New information exists that was not previously available to the appealing party and that is sufficient to affect the decision.
• The decision was not based on substantial information. Substantial information means relevant information that a reasonable person might accept as adequate to support a conclusion. In making this determination, the appellate officer must respect the credibility determinations of the decision-maker and must not substitute the officer's judgment for the decision maker. Rather, the appellate officer must determine whether the decision was unreasonable (i.e., arbitrary) in light of the information presented.

Nature of Appellate Review

A student who is mandatorily withdrawn has the right to appeal the decision. Appellate review generally is a review of the record to determine whether a serious error occurred in the original proceeding that resulted in unfairness. Appellate review respects the credibility judgments of the decision-maker and respects the hearing body’s determinations as long as there is any information to reasonably support them.

Appellate Officer

The appellate officer makes the final University decision regarding mandatory medical withdrawal. The President or designee serves as the appellate officer.

Procedure for Filing an Appeal

To appeal a mandatory medical withdrawal, a student must submit a notice of appeal within three weekdays of the date of the decision letter. The appellant must provide a written statement specifically identifying the ground(s) for the appeal, explaining why the ground(s) for the appeal are met, and providing any supporting documentation.

Review of Information

To decide an appeal, the appellate officer reviews the written appeal submitted by the appellant and may review any or all portions of the record as appropriate to decide the appeal. The appellate officer also has the discretion to seek further information to assist in deciding the appeal, including one or more of the following:

• additional written information from the appellant;
• a written response from the appellant; and
• written responses to questions, from the appellant.

Appellate Decision

The appellate officer makes the final University decision. The appellate officer may accept, modify, or reject the decision of the decision-maker, or return the matter for further proceedings. The appellate officer will provide a written decision to the appellant and the decision-maker and will strive to do so within seven calendar days.

Conditions for Return  

The student must submit to the Care Team in writing a request for re-enrollment after a mandatory withdrawal. A student may not re-enroll before the start of the next semester. 

A student requesting to return from a mandatory withdrawal will be required to meet certain conditions. A student seeking re-enrollment at the University after a mandatory withdrawal must be able to demonstrate that (1) the student can participate in the University’s programs without posing a danger to themselves or others, (2) the student meets all relevant academic requirements for re-enrollment, and (3) the student has met any requirements for re-enrollment imposed by the senior student affairs officer or designee.

The student’s re-enrollment is also contingent on the student successfully completing any expectations stemming from Student Conduct Code violations, if any. A designated member of the student affairs staff will provide coordination of services for students returning from mandatory withdrawal.

Depending on the circumstances, the Care Team may review any and all of the following before recommending to the campus senior student affairs officer that a student be permitted to return after a mandatory withdrawal. 

• examinations by independent or University employed medical health professionals;
• release of relevant medical records;
• compliance with treatment plans; 
• demonstrated ability to meet the institution’s academic and conduct standards;
• interviews with school officials; or
• personal statements.