Involuntary Leave of Absence Policy

It is the policy of Wheaton College to foster a campus environment that is conducive to learning, promotes the College’s educational purposes, maintains reasonable order, and protects the rights and safety of all members of the College community. In certain circumstances, the College may place a student on an Involuntary Leave of Absence or take other appropriate action for reasons of personal or community safety, subject to the procedure outlined below.

This policy applies to all undergraduate and graduate students of the College and to all College locations, courses, programs, and activities. This policy does not apply to doctoral students. In addition to utilizing this policy, the College also reserves the right to take action under the College’s Student Conduct Policy. This policy does not preclude the removal or dismissal of students from the College, its courses, programs, activities, and/or College-owned facilities in the College’s discretion or as a result of the violation of other College policies, procedures, rules, or regulations.

Policy

A student may be required to take an Involuntary Leave of Absence from the College and/or be involuntarily removed from College courses, programs, activities, and/or facilities if the College determines that:

• The student presents a danger to the life, health, welfare, safety, or property of any member of the College community or other person;
• The student presents a risk of concerning or troubling behavior that is disruptive; and/or
• The student’s conduct or circumstance renders him or her unable to:
  • Function safely without harming himself or herself, harming one or more other individuals;
  • Comply with professional recommendations for mental health and/or physical medical treatment;
  • Effectively and reliably self-regulate and refrain from disruptive behavior when participating in College courses, programs, or activities; or
  • Be helped by mental health or medical treatment.

Conduct-related rationale for Involuntary Leave of Absence may include but is not limited to engaging in or activity involving: disruptive behavior, malicious behavior (i.e. communicating and/or demonstrating the intention or threat of harm to a person(s)), and/or behavior that demonstrates an inability to take care of oneself. An example of a circumstance that may necessitate an Involuntary Leave of Absence is when a student has exhausted all excused absences or will miss two weeks or more of a semester class (or one week or more of a quad class) and has been required to complete intensive treatment to address medical and/or mental health concerns.

The procedure outlined below will be initiated only

1. On the basis of actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities;
2. After reasonable attempts have been made to secure a student’s voluntary cooperation for a medical or psychological evaluation or Leave of Absence; or
3. If a student refuses to agree to, or does not adhere to reasonable conditions established for:
   • The student’s return or readmission to the College and/or
   • The student’s continued presence on campus, or continued presence in College courses, housing or other College program or activity.

Procedure

The Dean of Student Wellness or a designee may be alerted to a student’s concerning conduct or situation from a variety of sources on campus; information concerning a graduate student is likely to be shared first with the Director of Graduate Student Life or the appropriate Academic Dean. The Involuntary Leave of Absence procedure is initiated at the discretion of the Dean of Student Wellness, subject to any modifications that the College deems appropriate in its discretion. Any pending conduct proceedings will usually be suspended pending a meeting with the student and evaluation of the student under this procedure, but this is a matter reserved to the College’s discretion.

I. Information gathering

Upon initiation of this procedure, the Dean of Student Wellness will consult on a confidential basis with relevant parties both within the campus community and outside the campus community (e.g. parents, healthcare providers) who have knowledge regarding the student’s conduct and circumstances in order to determine whether the student’s situation necessitates a Leave of Absence, whether voluntary or involuntary.

II. Initial meeting with student/possible voluntary leave

If possible, under the circumstances, the Dean of Student Wellness will schedule a meeting with the student as part of the information gathering process; meetings with graduate students will include the Director of Graduate Student Life. The student may be accompanied by a non-attorney advisor. At any time, the Dean of Student Wellness may discuss with the student whether the student wishes to take a voluntary Leave of Absence. If the student refuses to meet with the Dean of Student Wellness, the Dean will complete the Involuntary Leave of Absence procedures with the available information.

III. Individualized assessment

Any determination that a student’s conduct necessitates a Leave of Absence per the standards laid out in this policy will be made by the Dean of Student of Wellness as an individualized assessment. This assessment shall be based upon the best available objective evidence, which may include available medical and/or mental health information.

IV. Possible interim withdrawal

If the College concludes that a student presents an immediate danger (a) to the life, health, welfare, safety, and/or property of any member of the College community or other person, (b) demonstrates an inability to function safely in the College’s courses, programs, activities, and/or facilities without an imminent risk of harming himself /herself, and/or c) demonstrates a risk of exhibiting concerning or troubling conduct that is disruptive to the College’s courses, programs, activities, and/or facilities, the Dean of Student Wellness may withdraw the student or restrict the student’s access to campus, College course, programs, activities, or facilities for an interim period before a final determination regarding an Involuntary Leave of Absence is made.

V. Considering an Involuntary Leave (or other involuntary action)

If the review process outlined above results in the student’s decision not to take a voluntary leave or the Dean of Student Wellness determines that no further information gathering is necessary, the Dean of Student Wellness shall then determine whether, under all of the individual circumstances, the College wishes to consider an Involuntary Leave of Absence from the College or from College courses, programs, activities, and/or facilities (or other involuntary action).

VI. Possible evaluation

The Dean of Student Wellness may require the student to schedule an evaluation by a qualified, licensed medical and/or mental health professional within or outside the College. In this case, the student will be responsible for any costs of the evaluation, and the results must be shared with the Director of the Counseling Center, the Director of Student Health Services, the Associate Dean of Student Wellness and the Dean of Student Wellness in addition to the student. The Dean of Student Wellness will consider the results of this evaluation alongside the other information collected in making a final determination.

VII. Final determination

In making a final determination, the Dean of Student Wellness will consider any information obtained as well as any other information that the student submits or that the Dean of Student Wellness deems relevant. The Dean of Student Wellness may also consult with other College representatives and appropriate health care providers on a confidential basis before making a final determination based upon all of the facts and circumstances.

VIII. Communicating the final determination

Any decision by the Dean of Student Wellness to require an Involuntary Leave of Absence (or other involuntary action) shall be communicated to the student in writing as soon as possible after the decision is rendered. The student has a right to be informed of the effective date of the leave, pertinent information upon which the decision is based, and the contemplated length of the leave, which will be determined on a case-by-case basis. The conditions under which a student may return to or seek readmission at the College will also be determined on a case-by-case basis and will be specified in writing at or near the time that the decision is issued. Students will also be informed of the institutional point of contact during the Involuntary Leave of Absence.

IX. Appeal

Students have the right to appeal the Dean of Student Wellness’s decision in an Involuntary Leave situation. Any undergraduate student appeal should be made in writing to the Vice President for Student Development within seven calendar days of the student’s receipt of the written decision from the Dean of Student Wellness. Master’s-level student appeals should be made in writing to the Provost within seven calendar days of the student’s receipt of the written decision from the Dean of Student Wellness. The grounds for appeal should be set forth in writing. Appeals are limited to the following grounds:

1. A procedural (or substantive) error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures, etc.).
2. New information could substantially impact the final decision; the new information and its potential impact should be laid out in the appeal.
3. The Dean of Student Wellness’s decision is substantially outside the parameters or guidelines set by the College for this type of situation.

The student may submit supporting documentation or other information in support of the appeal. The Vice President for Student Development/Provost will decide the appeal as soon as is practicable and will issue a written decision regarding the appeal. The decision shall be final.