Draft 1 – 11/8/2005

Involuntary Administrative Student Withdrawal

COLLEGE POLICY STATEMENT

It is the policy of Lewis-Clark State College (LCSC) to establish a Student Involuntary Administrative Withdrawal Policy for the purpose of maintaining a campus environment
that is conducive to learning, protects the College’s educational purposes, maintains reasonable order on campus, and protects the rights and safety of all members of the College community. The College may order the involuntary withdrawal of a student from the College and/or from College Housing in accordance with College policy, as described below.

COLLEGE PRACTICE

The Student Involuntary Administrative Withdrawal Policy, below, outlines the procedures to be utilized in seeking the involuntary withdrawal of a student.

Section I: Scope of Policy

The policy will cover conduct described in the LCSC Student Conduct Code that occurs
on College premises and/or at College-sponsored activities but may also address off-campus behavior if the College determines that the conduct, or the continued presence
of the student, impairs, obstructs, interferes with or adversely affects the mission, processes or functions of the College.

For purposes of this policy a student is defined as follows:

Any person enrolled for courses through or at LCSC, both full-time and part-time.

Any person who is not officially enrolled for a particular term but whose LCSC record indicates a continuing relationship with the College, or

Any person who has been accepted into LCSC but has not yet enrolled for courses.

Section II: Standards for Withdrawal

In accordance with College policy and applicable federal and state laws prohibiting discrimination based on disability, a student may be involuntarily withdrawn from the College and/or College Housing, either temporarily or permanently, if it is determined
that a student:

a. Engages, or threatens to engage, in behavior which poses a danger of causing
physical harm to self or others, and/or

b. Engages, or threatens to engage, in behavior which would cause significant property damage, which directly and substantially impedes the lawful activities of other members
of the College, and/or

c. Demonstrates an inability to satisfy personal needs (e.g., nourishment, shelter) such that there is a reasonable possibility that serious physical harm or death might occur within a short period of time, and/or

d. Otherwise commits a violation of the College’s Student Conduct Code and lacks the capacity to comprehend and participate in the College’s disciplinary process, and/or

e. Commits a violation of the College’s Student Conduct Code and did not understand
the nature or wrongfulness of the conduct at the time of the offense and/or

F. Engages in any activity that harms the reputation of LCSC.

Section III: Premises Underlying This Policy

An involuntary administrative withdrawal:

a. Is not a substitute for appropriate disciplinary action under the Student Conduct
Code.

b. Should not be used to dismiss socially or emotionally “eccentric” students who do
not otherwise meet the standards for withdrawal specified in this section.

Section IV: Procedures Under this Policy

Commencement of the Process
This process may be initiated by the Director of Student Life when:

a. Any member of the College community who reasonably believes that a student may meet one of the involuntary withdrawal standards in Section II contacts the Director of Student Life with his/her concerns about the student; and/or

b. The student is referred to the Director of Student Life for a possible conduct code violation and the conduct is such that it may meet one or more of the involuntary withdrawal standards.

Informal Review by the Director of Student Life
The Director of Student Life will conduct a preliminary, informal review and will schedule
a meeting with the student. At the end of this informal review the Director may do one
or more of the following:

a. Determine that the student does not meet the standard for involuntary withdrawal
and terminate this process. If warranted, the student’s conduct will be handled by the Director of Student Life under the regular disciplinary process.

b. Require the student to schedule an evaluation by a qualified, licensed mental health professional outside the College within five calendar days. The student will be
responsible for any costs associated with the evaluation.

c. Allow a student who meets the conditions for an involuntary withdrawal to voluntarily withdraw from the College and waive the right to further procedures under this policy.
If future reenrollment at the College is an option, the Director will provide the conditions necessary for consideration of reenrollment to the student in writing (see “Conditions for Reenrollment” section of this policy).

Referral to the Conduct Evaluation Team
After completing the informal review as described in the above section, the Director of Student Life may refer a student to a hearing with the College’s Conduct Evaluation
Team for assessment and recommendations. The team will include the:

·         Dean of Student Services or his/her designee

·         Director of Residence Life, or his/her designee

·         Director of Campus Security, or his/her designee

The role of the Conduct Evaluation Team is to evaluate the student and make a determination as to whether the student should be involuntarily withdrawn from the College and/or College Housing or whether the student can remain in school and/or continue to live in College Housing under specified conditions. The recommendation by
the Conduct Evaluation Team will require the concurrence of any two of the three team members.

The Director of Student Life will arrange for the Conduct Evaluation Team to meet with the student and will notify the student in writing of his/her referral to a hearing and
inform the student of the time, date and location of the hearing. If the Director of
Student Life has ordered a psychological assessment, the Conduct Evaluation Team will not be convened until the evaluation has been completed and the written psychological assessment has been submitted to the College.

Notice of the hearing will be considered adequate if it is sent to the student’s last
known address registered with the College or is hand delivered to the student at least three business days in advance of the meeting time.

Conduct Evaluation Team Hearing
The Conduct Evaluation Team will conduct a hearing with the student in order to determine an appropriate course of action under this policy. The following guidelines
will govern the hearing:

a. The student will have the right to be present throughout the entire hearing, unless
the student becomes disruptive.

b. The hearing will be conducted even if the student fails to attend the hearing or if
the student is removed during the hearing for disruptive behavior.

c. A family member and/or a qualified mental health professional may accompany the student to the hearing. Legal counsel will not be permitted at this hearing. The student will be expected to speak on his/her own behalf whenever possible.

d. The student will have the right to review all case information before the hearing with the exception of personal or confidential notes of College officials regarding the case.
The information will be made available to the student in the Director of Student Life
office during normal business hours at least 2 days before the scheduled hearing.

e. The hearing shall be conversational and non-adversarial, whenever possible. Formal rules of evidence will not apply, except that the Chair may exclude evidence that is
not relevant or is cumulative.

f. The student has the right to question all witnesses at the hearing and comment on
all documents presented.

g. The hearing will be closed to the public and all testimony and evidence will be considered confidential.

h. The hearing will be tape recorded by the College. Tapes will remain the property of
the College and will serve as the official record of the proceedings. The College will
retain the tape recording for a period of two years after a final determination has been issued and all appeals have been exhausted under this policy. After the expiration of
this two year period, the College may erase or discard the tape recording.

Disposition of the Case
Upon completion of the Conduct Evaluation Team hearing, the Team will submit its
written findings to the Director of Student Life within three (3) business days. This document will include the recommendation of the Team, the reason(s) for the recommendation, and:

1. If the team recommends an involuntary withdrawal, whether the student is eligible
to be reconsidered for reenrollment, including the conditions the student must meet to
be considered and any length of time that must pass before the student can apply for reenrollment, OR

2. If the team does not order an involuntary withdrawal, any conditions that the
student must meet in order to remain enrolled in school and/or remain in College
Housing.

The Director of Student Life will notify the student in writing within three (3) business days after receiving the Team’s written findings and will inform the student of his/her
right to appeal the Team’s recommendation. If the student chooses not to appeal or if after the appeal the recommendation is still to allow the student to remain enrolled in school and/or remain in College Housing, the student will meet with the Director of Student Life, within five (5) calendar days, to formalize the recommendation into a behavioral contract between the College and the Student.

APPEAL PROCESS

A student may appeal any of the following decisions rendered under this policy:

a. An involuntary withdrawal from the College and/or from College Housing recommended by the Conduct Evaluation Team.

b. The conditions recommended by the Conduct Evaluation Team in order for the
student to remain enrolled and/or continue living in College Housing.

c. A denial of the student’s request for reenrollment by the Conduct Evaluation Team.

d. An involuntary withdrawal implemented in accordance with the “Student’s Failure to Comply” section of this policy.

The student must submit a written appeal to the office of the Provost and Vice
President for Academic Affairs within seven (7) calendar days of the date of the
decision being appealed. After reviewing the student’s case and after meeting with
the student, the Provost and Vice President for Academic Affairs or his/her designee
will render a written decision as it relates to the student’s appeal within five (5)
calendar days. This decision will be final.

A student who voluntarily withdraws or is involuntarily withdrawn under this policy may
be subject to conditions for reenrollment. These will be provided to the student in
writing and may include but are not limited to the following:

a. Submission of a psychological assessment by a qualified mental health professional indicating readiness to return to school.

b. Continued counseling or therapy.

c. Continued medication.

d. Restriction against on-campus housing.

e. Successful completion of college courses at another college or College.

f. Review by the Conduct Evaluation Team.

A student seeking reenrollment must do so by notifying the Director of Student Life of his/her desire to reenroll and must provide the office with documentation of adherence
to all required conditions for reenrollment. The Director of Student Life will refer the request to the Conduct Evaluation Team.

Reenrollment is not guaranteed. After reviewing the case and meeting with the student, the Conduct Evaluation Team will make a decision on the student’s request for reenrollment, designate any further conditions for reenrollment and notify the student
in writing within five (5) calendar days after meeting with the student.

Student’s Failure to Comply
A student may be involuntarily withdrawn and/or disciplined under the conduct code if he/she:

1. Fails to attend any required meeting under this policy, and/or

2. Fails to timely schedule and/or appear at a psychological assessment requested by
the Director of Student Life, and/or

3. Fails to adhere to any conditions placed on him/her in order for him/her to remain enrolled in the College and/or remain in College Housing.

Section V: Emergency Interim Withdrawal

An emergency interim withdrawal may be implemented immediately by the Director of Student Life, after approval of the Provost and Vice President for Academic Affairs or his/her designee, if the Director reasonably believes that the student may be suffering from a mental disorder and there is reason to believe that the student’s behavior poses
a substantial threat of harm to oneself or others, threatens or endangers College
property, or disrupts the stability and continuance of normal College operations and functions.

A student may be notified of the emergency interim suspension either orally or in
writing. It takes effect the day it is issued by the Director of Student Life.

A student withdrawn on an emergency interim basis will be given the opportunity to
meet with the Provost and Vice President for Academic Affairs or his/her designee
within forty-eight (48) hours from the effective date of the emergency interim
withdrawal to discuss the following issues only:

1. The reliability of the information concerning the student’s behavior, and/or

2. Whether the student’s continued presence on campus poses a substantial threat of harm to oneself or others, threatens or endangers College property, or disrupts the stability and continuance of normal College operations and functions.

At the conclusion of this meeting, the Provost and Vice President for Academic Affairs
or his/her designee may either uphold or cancel the interim emergency withdrawal. Regardless of whether the emergency interim withdrawal is upheld or cancelled, the Provost and Vice President for Academic Affairs or his/her designee will direct the
Director of Student Life to continue with the involuntary administrative withdrawal
process as outlined in this policy. However, if the interim emergency withdrawal is to remain in effect, the Director of Student Life will make every effort to expedite the process in an effort to minimize any possible negative impact on the student.

Section VI: Transcripts and Refunds

Transcripts

A student who, under this policy, is allowed to voluntarily withdraw or who is
involuntarily withdrawn will be given a “W” grade for each course in which he/she is currently enrolled. An administrative hold through the Student Services’ office will be placed on the student’s academic record to prevent any unauthorized reenrollment by
the student.

Refunds

A student who, under this policy, is allowed to voluntarily withdraw or who is
involuntarily withdrawn may request a refund of tuition, fees, housing payments and
any other amounts. Refunds will be made in accordance with applicable College policies and procedures.

RESPONSIBILITY FOR IMPLEMENTATION

The Provost and Vice President for Academic Affairs is responsible for the overall implementation, administration and interpretation of the policy and may appoint a
designee to oversee appeals brought forth under this policy. The Director of Student
Life is responsible for the daily administration of the policy.

SCOPE OF POLICY COVERAGE

This policy applies to all students as defined in Section I of the Student Involuntary Administrative Withdrawal Policy.