Responsible Office: Student Development
Policy Officer: VP for Student Development
Scope: |Student

Approved By: President's Council

Approved Date: 7/1/2017

Effective Date: 7/1/2017

Category: Student

Description/Purpose:

University initiated medical, psychological leave policy for students.

Details:

The following policies and procedures are to be used to help transition a student to a safer and/or more conducive environment when remaining at the University is not in the best interest of the student or the University community. This policy encourages a student to take a leave voluntarily when medical conditions or psychological distress make a leave necessary; it seeks to ease that transition and the potential return to the University. When encouraging a student to take a leave voluntarily has not been successful, a university initiated leave under this policy may be implemented. A university initiated leave will only be undertaken in exceptional situations, and when reasonable accomodations will not mitigate the need for the absence.

Student-Initiated Leave

Students may initiate a leave of absence or withdrawal from the University for medical or psychological reasons. The normal University procedures for leave or withdrawal will be followed.  The student is permitted to return upon the end of the leave without condition or restriction. Students, who elect to withdraw rather than take a leave, are required to reapply for admission, and will be treated as any other applicant for admission at that time. See the Leave of Absence Policy.

University-Initiated Medical or Psychological Leave

If a student is behaving in a way which poses a threat, the Vice President for Student Development (or designee) may initiate these procedures.

Standard for University Initiated Leave on the Basis of Threat of Harm

The standard for separating a student based on behaviors resulting from a condition or disability applies to all involuntary leaves from housing or from the University for any student who poses a direct threat as a result of a condition covered by disabilities law. When the potential for harm to others is present, univeristy initiated leave actions must consider whether the endangering behavior results from a condition of disability. If so, the student will be protected by Section 504 of the Rehabilitation Act of 1973. Under this federal statute, an individual with a disability may only be separated on the basis of this disability when they are not otherwise qualified to participate in the education program of the institution.

Disability here will unlikely be the qualified disability on record with the disability services office. Instead, protection of disability laws here comes from institutional perception and treatment of a student as an individual with a disability. The objective of this section is to determine whether it is more likely than not that a student is a direct threat. When a student is a direct threat, they are not otherwise qualified under disabilities law, and may be placed on leave.

A direct threat exists when a student poses a significant risk to health or safety. A significant risk constitutes a high probability of substantial harm. Significance will be determined by:

1. The duration of the risk;
2. The nature and severity of the potential harm;
3. The likelihood that the potential harm will occur; and
4. The imminence of the potential harm.

The University must determine whether reasonable accommodations to policies, practices or procedures will sufficiently mitigate the risk, unless those reasonable accommodations would cause undue hardship for the University.

Determining that a student is a direct threat requires an objective and individualized assessment and review. The assessment must be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. This standard also applies to the reinstatement of a student who has been placed on leave. They are entitled to return upon showing they no longer pose a direct threat of harm to others.

Referral for Assessment or Evaluation

The Associate Dean of Students (or designee) and/or Behavioral Intervention Team may refer or mandate a student for evaluation by a campus or independent licensed psychiatrist or psychologist (or licensed professional counselor, licensed clinical social worker, etc.). Such an evaluation may be ordered if it is believed that the student may meet the criteria set forth in this policy.

Students referred or mandated for evaluation will be so informed in writing with personal and/or certified delivery, and will be given a copy of these standards and procedures. The evaluation, conducted at the student's expense, must be completed within five business days from the date of the referral letter unless an extension is granted by the Associate Dean of Students (or designee). A student who fails to complete the evaluation in accordance with these standards and procedures, and/or who fails to give permission for the results to be shared with Associate Dean of Students (or designee), will be referred for conduct action.

Readmission Following an Involuntary Leave

A student who is seeking reinstatement to the University after an involuntary leave must receive clearance by providing the Associate Dean of Students written evidence from a licensed medical or mental health professional that the student is no longer a direct threat and is otherwise qualified to participate in the Saint Francis educational program.

New title and revisions approved by President's Council May 1, 2024.