Article 2—General Policies and Regulations

Part 1. Medical Policies

§ 2-105 Policy and Procedures for Involuntary Withdrawal of Students for Psychiatric Reasons

(a) A student will be subject to withdrawal for psychiatric reasons if the director of the health service concludes, on the basis of clear and convincing evidence, that the student is suffering from a mental disorder, as defined by the current American Psychiatric Association diagnostic manual or its equivalent; and, further, that as a result of the mental disorder, the student engages or threatens to engage in behavior that:

(1) poses a significant danger of causing harm to the student or to others, or

(2) substantially impedes the lawful activities of other members of the campus community.

(b) Whenever a student refuses to be withdrawn by the director, as provided above, the matter may be referred to the Dean of Students. The dean, or designee, may then implement an interim, mandatory psychiatric withdrawal (the equivalent of an immediate suspension) if the dean determines that the student is suffering from a mental disorder, and if the student’s behavior either poses a significant danger of causing harm to the student or to others or substantially impedes the lawful activities of other members of the campus community.

(c) A student withdrawn on an interim basis shall be given an opportunity to appear before the dean within thirty-six hours from the date of the interim withdrawal to discuss the following issues:

(1) the reliability of the information concerning the student’s behavior; and/or

(2) whether the student’s behavior poses a significant danger of causing harm to self or others, or substantially impedes the lawful activities of other members of the campus community.

(d) In the event a student disagrees with the decision of either the director (for psychiatric withdrawal) or the dean (for an interim psychiatric withdrawal), the student shall make a written request to the Vice Chancellor for Student Affairs for an informal proceeding. Such proceeding will be held within seven class days after the student has been evaluated as having to be withdrawn involuntarily from the campus. The student will remain withdrawn on an interim basis pending completion of the proceeding.

(e) The Vice Chancellor or designee will convent the informal proceeding. The student will be provided an opportunity to examine the psychiatric or other evaluations and to discuss them. The student may be assisted by a member of the faculty, by a mental health professional of his or her own choice, or by other appropriate counsel. The student may request and shall receive a precise statement of the reasons for any decision requiring withdrawal on psychiatric grounds.

(f) The Vice Chancellor also may require the student to be seen by a mental health professional not on the staff of the University. A student who does not complete this mandatory evaluation may be withdrawn automatically from the University or be subject to further disciplinary action, including suspension or expulsion from the University.

(g) At the conclusion of the proceeding, the Vice Chancellor for Student Affairs shall determine whether to uphold the withdrawal or to reinstate the student. The decision of the Vice Chancellor shall be final.

(h) When a student is withdrawn for psychiatric reasons, the withdrawal will remain in effect until such time as the student adequately demonstrates that the problems that caused the withdrawal are no longer in existence. Upon being withdrawn, the student may no longer attend classes, may no longer use University facilities, must vacate University housing, and will be entitled to whatever refunds of tuition, fees, and room and board charges as would be appropriate given the timing of the withdrawal. (See § 3-509.)

(i) As a general principle, the regular student discipline system and its policies and practices are preferred in the adjudication of serious instances of misconduct, without regard to whether there might be a mental disorder present. The procedures and specifications given in this rule are to be employed in those extraordinary situations in which, in the judgment of the appropriate administrative officers, the regular student conduct system is not applicable or cannot be applied.