Involuntary Student Withdrawal Policy
Involuntary Student Withdrawal Policy
Purpose
The University of Dayton is committed to protecting its community members from risk of physical harm and preserving the integrity of its learning environment. Separation of a student from the University and its facilities may be necessary if there is sufficient evidence that the student is engaging in, or is likely to engage in, behavior that either poses a danger or disrupts the learning or living environment of others. This policy sets forth the expectations in making determinations regarding a student’s involuntary withdrawal and conditions for return.
Scope
This policy applies to all students.
Policy History
Effective Date: April 25, 2016
Approval: March 16, 2022
Policy History:
- Approved in its original form: April 25, 2016
- Approved as amended: March 16, 2022
Maintenance of Policy: Vice President for Student Development
Policy
A. Principles
The University of Dayton is a caring community where the well-being of each member is sensitively supported and where the creation of a safe and peaceful environment is essential to fulfilling the mission and values of the University. The University strives to balance the concerns for the health and safety of the individual student with those of the larger campus community.
This policy and related procedures do not take the place of any disciplinary actions that are in response to a violation of the Code of Conduct, nor do they preclude the removal or dismissal of students from the University or University-owned facilities as a result of violations of other university policy, unit regulations or applicable law.
Determination / Assessment Principles
1. Any withdrawal determinations should be based on an assessment of current, available documentation, including medical if needed, or any information provided about the student, and/or observable conduct that affects the health, safety, or welfare of the campus community.
2. Any assessments of risks should be individualized and conducted in a team environment.
3. In the absence of an emergency or direct threat, voluntary withdrawal or restrictions shall be encouraged prior to any determination of involuntary withdrawal.
4. Any imposed conditions, including reenrollment conditions (if any), should be reasonable and individualized for a particular student’s situation.
5. Any conduct code or other polices relevant to a withdrawal shall be applied equally to all similarly-situated students, i.e., without regard to known or perceived medical or mental health conditions and without regard to any protected class status under applicable local, state or federal law, ordinance, or regulation.
Procedural / Timing Principles
1. Students shall be provided notice of any withdrawal determinations and shall be afforded the opportunity to appeal such determinations.
2. Withdrawal determinations should proceed as quickly as possible to allow a student experiencing difficulties to receive the support the student needs.
3. The date of withdrawal for tuition refund purposes is the last date of class attendance or other related academic activity. Charges for other services provided by the University are incurred as they are used or as otherwise required or assessed by contract or policy.
4. The Office of the Dean of Students will maintain all documentation related to involuntary withdrawal determinations but may share such documentation with others within the University with whom the office consults, on a need-to-know basis and consistent with applicable privacy laws.
5. A partial and/or temporary withdrawal may be appropriate, depending on a student’s specific circumstances.
B. Involuntary Withdrawal
This policy is meant to be invoked in cases where students experience needs that exceed the University’s services or resources. In such circumstances, the student will be advised to consider a voluntary withdrawal. If the student declines to voluntarily withdraw from the University, the University may involuntarily withdraw the student in situations where: (1) the student is unable or unwilling to carry out substantial self-care obligations; (2) the student has health needs requiring a level of care that exceeds what the University can appropriately provide; (3) the student presents a substantial risk of seriously affecting the health or well-being of any student or other member of the University community; (4) safety is seriously threatened by the student; (5) the student consumes an inordinate amount of University staff time and/or resources, or his/her situation cannot be resolved by the University in a reasonable amount of time or with reasonable effort; or (6) the student creates any other conditions disruptive to the University community.
In these rare cases the University Campus Awareness Response and Evaluation (CARE) team, coordinated by the Dean of Students, will oversee the assessment of the student, in consultation with other University offices as appropriate including but not limited to: the Office of Learning Resources, the Dean’s Office for the school in which the student is then enrolled, the University Health Center, the University Counseling Center, and/or the International Student Support Services. An individualized assessment of the student will be conducted and tailored reenrollment conditions will be established (if any reenrollment is contemplated and appropriate), consistent with the overarching principles in Section A of this policy. The CARE team will make a determination regarding withdrawal. The Dean of Students will provide written notice to the student of the decision. A student may appeal these decisions in writing to the Vice President for Student Development.
C. Reenrollment Following an Involuntary Withdrawal
Students wishing to reenroll following an involuntary withdrawal must satisfy the reenrollment conditions, if any, established at the time of the withdrawal. If medical documentation was established as a condition for reenrollment, the University will give significant weight to the opinion of the student’s treatment providers regarding the student’s readiness to return to the academic and/or residential learning environment at the University, with or without accommodations. In extraordinary circumstances, the University may require the student to undergo an additional individualized assessment to make a determination regarding the student’s readiness for return. The University may also impose ongoing conditions on the student as part of the student's return, based on the particular student’s individual situation.
If the University denies a student’s request to reenroll, the University may include recommendations that will enhance the student’s ability to successfully reenroll in the future. However, certain situations of involuntary withdrawal may not be appropriate for reenrollment under any conditions.
A student may appeal any decision concerning reenrollment to the Vice President for Student Development.
If a student is permitted to reenroll following an involuntary withdrawal, the student is responsible for coordinating the return to the University community with the student's Dean’s Office, the Office of Financial Aid, the Office of Learning Resources, Registration, Housing, and Dining Services. A student must also resolve any outstanding Code of Conduct issues with the Office of Community Standards and Civility prior to the student's return.
D. INTERIM INVOLUNTARY WITHDRAWAL
If safety is an immediate concern, the University is permitted and has the authority to take interim action to protect the wellbeing of all members of the University community. (For purposes of this section, “interim” typically means a time period less than a semester and where such a withdrawal is done for purposes of expedience, to protect the University community.) Based on the specific, individualized circumstances, the University may remove a student from any or all University premises, programs or activities when in the professional judgment of the Campus Awareness Response and Evaluation (CARE) team and considering all reasonably available information, a credible substantial threat of immediate harm to an individual or the University community is perceived to exist.
Interim involuntary withdrawal is a preliminary action taken to protect the health and safety of the student and/or the University and is not a penalty. A student will be prohibited from attending classes, returning or remaining on campus, but will be given an opportunity to present information, including medical documentation to the CARE team for consideration and to enable the CARE team to conduct (or have conducted) an individualized assessment. This information could lower the risk assessment and provide for a return to campus before an involuntary withdrawal from class registration or University housing takes place.
Any return to campus will involve an individualized assessment of the student’s ability to be part of the campus community in a manner that does not pose a credible substantial threat of immediate harm to an individual or the University community.
In instances where a student returns to campus following an interim involuntary withdrawal, the University is committed to working with the student in good faith to help enable the student to reacclimate to campus and successfully reengage in the student’s academic coursework (provided, however, that in certain circumstances reengagement may not be reasonably possible, such that full withdrawal may be a possibility; further, adjustments to courses and schedules may also be appropriate).
Reference Documents
- Appendix A: Involuntary Withdrawal Procedure
- Refunds for Student Withdrawals Policy
Appendix A: Procedures for Involuntary Student Withdrawal
Students may experience needs or present issues that exceed the University’s services and resources. If it becomes evident (through observed behavior or by report(s) from faculty, staff, or students, or other means) that a withdrawal from the University is in the best interest of a student and the University, and the student does not voluntarily withdrawal, then a student may be subject to involuntary withdrawal.
The University will first encourage a student to pursue a voluntary withdrawal. However, a student who: (1) is unable or unwilling to carry out substantial self-care obligations; (2) has health needs requiring a level of care that exceeds what the University can appropriately provide; (3) presents a substantial risk of seriously affecting the health or well-being of any student or other member of the University community; (4) is a serious safety threat; (5) consumes an inordinate amount of University staff time or resources, or whose situation cannot be resolved by the University in a reasonable amount of time or with reasonable effort; or (6) creates any other conditions disruptive to the University community, will be involuntarily withdrawn from the University.
The University body responsible for an involuntary withdrawal determination is the Campus Awareness Response and Evaluation (CARE) team, coordinated by the Dean of Students Office. This procedure is not intended to be disciplinary or punitive in any manner and will be applied equally and consistently to all students. In making an involuntary withdrawal determination, the Dean’s Office and the CARE team will follow the procedure set forth below.
I. Involuntary Withdrawal
An involuntary withdrawal determination is made in consultation with the academic Dean’s Office and on an individual, case-by-case basis, in accordance with the procedures set forth below.
A. The CARE team will collect all available information obtained from incident reports, conversations with students, faculty, staff, dean’s offices, the expert opinions of appropriate professionals, including medical if needed, and anyone else considered to have relevant information.
B. An appointee of the CARE team will meet with the student within a reasonable period of time. The CARE team will provide written notice to the student regarding the time and place of the meeting, the nature and reasons for the proposed action, and the right to challenge the proposed decision by appeal. The notice will also afford the student an opportunity at the meeting to provide evidence to rebut an involuntary withdrawal. Failure of a student to take the opportunity to attend this meeting shall not affect the validity of or delay any decision made under this procedure.
C. If the student is unable to meet with the appointee of the CARE team, the student may submit a written response and/or provide medical documentation in lieu thereof. Failure of a student to take the opportunity to submit a written response or provide medical documentation shall not affect the validity of or delay any decision made under this procedure.
D. The CARE team will engage in an individualized, case-by-case assessment, considering factors, including but not limited to:
i. The student’s relevant medical information;
ii. Reasonable medical judgment relying on the most current medical knowledge, or the best available objective evidence (such as the student’s conduct, actions, and statements);
iii. The nature, duration and severity of the direct threat to others;
iv. The probability that the threatening injury will actually occur;
v. Whether there are reasonable alternatives to sufficiently mitigate the threat to others and the need for involuntary leave;
vi. Whether the student is unable or unwilling to carry out substantial self-care obligations; and/or
vii. The amount of University staff time or resources required and whether the student’s situation can be resolved by the University in a reasonable amount of time or effort.
E. Within a reasonable time period, the CARE team will render a decision and the Dean’s Office will present that decision to the student in writing. If the CARE team's determination is based on medical factors, it will be documented accordingly and the withdrawal labeled as an involuntary withdrawal. Should the decision be an involuntary withdraw, appropriate conditions and procedures for appeal and return will be contained within the letter. Such conditions will be tailored to the student’s individual situation and needs.
F. A student who is involuntarily withdrawn shall have a Dean’s Hold placed on their student account until a determination is made that the student is fit to return, using the student return/re-enrollment procedure set forth below. During the involuntary withdrawal, the student shall be denied access to University housing, University facilities, and/or campus (including classes) and all other University activities or privileges for which the student might otherwise be eligible, as the CARE team may determine appropriate. The student will only be allowed to enter the campus to attend a meeting with the CARE team or designee.
II. Appeal
A student may appeal the CARE team decision by providing a written request to the Vice President for Student Development within 5 business days of the CARE team decision. The decision of the Vice President for Student Development will be final.
III. Tuition Credit
A student who has been placed on involuntary withdraw is subject to a possible refund credit, as determined by the Office of Student Accounts (Bursar Office).
IV. Returning from Involuntary Withdrawal
A student who is involuntarily withdrawn may not re-enroll, be admitted, return to campus, or have their Dean’s Hold lifted, without the approval of the CARE team. If the student wishes to re-enroll, the following procedures are to be followed.
A. The student should notify the Dean of Students of the student's intent to re-enroll. The student must submit a written plan that identifies how the student will resume their status at the University. The plan must respond to the condition that gave rise to the need for the student’s involuntary withdrawal and the conditions for return. If the student will reside in the University housing, the plan must also state how the student will transition back into the residence life community.
B. Following the student’s notification of intent to return, the CARE team will review the initial medical withdrawal documentation and any re-enrollment conditions established at the time of the withdrawal. The CARE team will consult with the Dean’s Office for the school in which the student was enrolled at the time of the withdrawal and also with other campus units as appropriate. The CARE team may request any information, documentation or evaluation it deems necessary.
C. The CARE team will determine on an individualized, case-by-case basis whether the student’s request to re-enroll at that time shall be granted. The Dean’s Office may only grant approval of re-enrollment if the CARE team determines that, in its judgment, the issues that caused the resulting involuntary withdrawal or restriction are no longer present or that they have been or can be safely mitigated or managed.
D. If the student’s request for re-enrollment is granted, the student should notify the appropriate Dean's Office, Office of Financial Aid, Registration, Housing, the Office of Learning Resources, and Dining Services of their return. The student is encouraged to contact the Counseling Center, Office of Learning Resources, the Health Center, and/or the Dean’s Office as appropriate to discuss possible accommodations and support.
E. If the student’s request for re-enrollment is denied, the student can appeal the decision to the Vice President for Student Development. The decision of the Vice President for Student Development is final.
V. Deviations from Established Procedures
Reasonable deviations from this procedure will not invalidate a decision or proceeding unless significant prejudice to a student occurs.
VI. Other Student Obligations
The involuntary withdrawal process does not dismiss nor waive any legal, disciplinary, housing, meal plan, or other student responsibilities to the University. The student should notify and settle all outstanding accounts with the Office of Student Accounts, Financial Aid, Housing, and Dining Services.
VII. Responsibilities of the Dean’s Office of the Student’s School
The Dean’s Office of the student’s school will facilitate the withdrawal process after receiving the CARE team's determination.
The date of withdrawal should truly and accurately reflect the student’s last date of attendance or other related academic activity in any of the student's classes.