Administrative Policies

I. STANDARDS FOR WITHDRAWAL

1. A student will be subject to involuntary administrative withdrawal from the University, or from University housing, if it is determined, by a preponderance of evidence, that the student is suffering from a mental disorder (as defined by the current American Psychiatric Association Diagnostic Manual), and, as a result of the mental disorder:

1. engages, or threatens to engage, in behavior which poses a danger of causing physical harm to self or others, or,
2. engages, or threatens to engage, in behavior which would cause property damage, or directly and substantially impede the lawful activities of others and the University's accomplishment of its mission.

2. These standards do not preclude removal from the University, or University housing, in accordance with provisions of the residence hall contract, or other University rules and regulations.

II. REFERRAL FOR EVALUATION

1. The Dean of Students may refer a student for evaluation by an independent licensed psychiatrist or psychologist chosen by the institution, if the Dean, after consultation with the Director of Counseling Services, reasonably believes that the student may meet the criteria set forth in Section I., 1., or if a student subject to disciplinary charges wishes to introduce relevant evidence of any mental disorder.
2. Students referred for evaluation in accordance with this section shall be so informed in writing, either by personal delivery or by certified mail and shall be given a copy of these standards and procedures. The evaluation must be completed within five business days from the date of the referral letter, unless an extension has been granted by the Dean in writing. Students may be accompanied by a licensed psychologist or psychiatrist of their choice, at their own expense, who may observe but not participate in the evaluation process. Legal representation will not be permitted.
3. Any pending disciplinary action may be withheld until the evaluation is completed, in the discretion of the Dean of Students.
4. A student who fails to complete the evaluation in accordance with these standards and procedures may be withdrawn on an interim basis, as set forth in Section III. 1-4, or referred for disciplinary action, or both.

III. INTERIM WITHDRAWAL

1. An interim administrative withdrawal may be implemented immediately if a student fails to complete an evaluation, as provided by Section II., 1-2, of these standards and procedures. Also, an interim withdrawal may be implemented immediately if the Dean of Students or a designee, in consultation with the Director of Counseling Services of designee, determines that any student may be suffering from a mental disorder, and the student's behavior poses an imminent danger of:

1. causing serious physical harm to the student or others, or,
2. causing property damage, or directly and substantially impeding the lawful activities of others and the University's accomplishment of its mission.

2. A student subject to an interim withdrawal shall be given notice of the withdrawal either by personal delivery, by certified mail, or by verbal notice with written confirmation provided within 24 hours and shall be given a copy of these standards and procedures. The student shall then be given an opportunity to appear personally before the Dean of Students, or a designee, within two business days from the effective day of the interim withdrawal, in order to review the following issues only:

1. the reliability of the information concerning the student's behavior;
2. whether or not the student's behavior poses a danger of causing imminent, serious physical harm to the student or others, causing property damage, or directly and substantially impeding the lawful activities of others and the University's accomplishment of its mission;
3. whether or not the student has completed an evaluation, in accordance with these standards and procedures.

3. A student subject to interim withdrawal may be assisted in the proceeding specified at Section III, 2., by a family member and a licensed psychologist or psychiatrist, or in lieu of a licensed psychologist or psychiatrist, by a member of the faculty or staff of the institution.* Furthermore, the student may be accompanied by legal counsel, although the role of counsel will be limited to providing legal advice to the student. Students will be expected to speak for themselves whenever possible.
4. An informal hearing, as provided in section IV, will be held within five business days after the student has been evaluated by the appropriate mental health professional. Such evaluation should be undertaken within two business days after the student submits a proper request for an appointment. The student will remain withdrawn on an interim basis pending completion of the informal hearing, but will be allowed to enter upon the campus to attend the hearing, or for other necessary purposes, as authorized in writing by the Dean of Students.

*In this section, and in Section IV, 1.(d), a university faculty or staff member who is an attorney will be regarded as "legal counsel."

IV. INFORMAL HEARING

1. Students subject to an involuntary withdrawal shall be accorded an informal hearing before the Dean of Students, or a designee. The following guidelines will be applicable:
   1. Students will be informed of the time, date and location of the informal hearing, in writing, either by personal delivery or certified mail, at least three business days in advance.
   2. The entire case file, including an evaluation prepared pursuant to Section II, 1., of these standards and procedures, and the names of prospective witnesses, will be available for inspection by the student in the Dean of Students' office during normal business hours.

That file, which should be available at least two business days before the informal hearing, need not include the personal and confidential notes of any institutional official or participant in the evaluation process.

3. The informal hearing shall be conversational and non-adversarial. Formal rules of evidence will not apply. The Dean or designee shall exercise active control over the proceedings to avoid needless consumption of time and to achieve the orderly completion of the hearing. Any person who disrupts the hearing may be excluded.
4. The student may choose to be assisted by a family member and a licensed psychologist or psychiatrist, provided at his/her own expense, or, in lieu of a licensed psychologist or psychiatrist, by a member of the faculty or staff of the institution. Furthermore, the student may be accompanied by legal counsel, although the role of counsel will be limited to providing legal advice to the student.
5. Those assisting the student, except for legal counsel, will be given reasonable time to ask relevant questions of any individual appearing at the informal hearing, as well as to present relevant evidence.
6. The informal hearing may be conducted in the absence of a student who fails to appear after proper notice.
7. The informal hearing shall be tape recorded by the Dean or designee. The tape(s) shall be kept with the pertinent case file for as long as the case file is maintained by the institution.
8. A written decision will be rendered by the Dean or designee within five business days after the completion of the informal hearing. The written decision, which will be mailed or personally delivered to the student, will contain a statement of reasons for any determination leading to involuntary withdrawal. The student will also be advised as to when a petition for reinstatement would be considered, along with any conditions for reinstatement.
9. The decision of the Dean or designee shall be final and conclusive and not subject to appeal.
10. If the student has been charged with a disciplinary violation, and a decision is made not to involuntarily withdraw the student, the student will be returned to the disciplinary process for a hearing on the charges.

V. PROCEDURES IF STUDENT IS CHARGED WITH A VIOLATION OF DISCIPLINARY REGULATIONS

1. A student accused of violating University disciplinary regulations may be diverted from the disciplinary process and withdrawn in accordance with these standards, if the student, as a result of mental disorder:

1. lacks the capacity to respond to pending disciplinary charges, or
2. wishes to introduce relevant evidence of any mental disorder. The student must so inform the Dean of Students in writing at least two business days prior to any disciplinary hearing. If the Dean determines that the evidence may have merit, the case shall then be resolved in accordance with these standards and procedures. Thereafter, if it is determined that the student does not meet the criteria set forth in part three, the case will be returned to the disciplinary process. Evidence of any mental disorder may not be admitted into evidence or considered by the hearing panel at any disciplinary proceeding.

VI. DEVIATIONS FROM ESTABLISHED PROCEDURES

1. Reasonable deviations from these procedures will not invalidate a decision or proceeding unless significant prejudice to a student may result.

Comments and suggestions about Administrative Policies are appreciated.
Administrative Policy contents comments to: Susan Lilly, SusanL@uca.edu