Administrative Withdrawal Policy

STANDARDS FOR WITHDRAWAL

1.    A student will be subject to administrative withdrawal from Adrian College, and/or from campus housing, if it is determined by substantial evidence, that the student is suffering from an emotional/mental disorder or is non-compliant with a medical treatment plan and as a result of the emotional/mental disorder or noncompliance with a medical treatment plan:

1. engages, or threatens to engage, in behavior which poses a danger of causing physical harm to self or others,
2. engages, or threatens to engage, in behavior which would cause significant property damage, or
3. directly and substantially impede the lawful activities of others.

2.    These standards do not preclude removal from Adrian College, or campus housing, in accordance with provisions of the residence hall agreement, or other College rules or regulations.

VIOLATIONS OF COLLEGE POLICIES AND PROCEDURES

3.    A student accused of violating Adrian College policies and procedures may be diverted from the student judicial process and withdrawn in accordance with these standards, if the student, as a result of emotional/mental disorder or noncompliance with a medical treatment plan:

1. lacks the capacity to respond to pending judicial charges, or
2. did not understand the nature of right from wrong at the time of the offense.

4.    Students subject to disciplinary action who wish to introduce relevant evidence of any emotional/mental disorder must inform the Vice President for Student Affairs in writing at least two business days prior to any disciplinary hearing. If the Vice President for Student Affairs determines that the evidence may have merit, the case shall then be resolved in accordance with these standards and procedures. Thereafter, if it is determined that the student does not meet the criteria set forth in part three, the case will be returned to the disciplinary process. Evidence of any emotional/mental disorder may not be admitted into evidence or considered by the hearing panel in any disciplinary proceedings.

REFERRAL FOR EVALUATION

5.    The Vice President for Student Affairs may refer a student for evaluation by an independent licensed psychiatrist, psychologist, or physician chosen by the institution. The Vice-President may make that referral if he/she believes that the student may meet the criteria set forth in Part one, or if a student subject to disciplinary charges wishes to introduce relevant evidence of any emotional/mental or physical disorder.

6.    Students referred for evaluation shall be so informed in writing, and shall be given a copy of these standards and procedures. The evaluation must be completed within five business days from the date of the referral letter, unless an extension is granted by the Vice-President in writing. Students may be accompanied by a licensed psychologist, psychiatrist, or physician of their choice, who may observe, but not participate in the evaluation process. Legal representation will not be permitted.

7.    Any pending judicial action may be withheld until the evaluation is completed, at the discretion of the Vice President for Student Affairs.

8.    A student who fails to complete the evaluation in accordance with these standards and procedures may be withdrawn on an interim basis, as set forth in Parts 9-12, or referred for disciplinary action or both.

INTERIM WITHDRAWAL

9.    An interim administrative withdrawal may be implemented immediately if a student fails to complete an evaluation, as provided by parts five and six of these standards and procedures. Also, an interim withdrawal may be implemented immediately if the Vice President for Student Affairs determines that a student may be suffering from an emotional/mental disorder or is non-compliant with a medical treatment plan, and the student’s behavior poses an imminent danger of:

1. causes serious physical harm to the student or others, or
2. causing significant property damage.

10.    A student subject to an interim withdrawal shall be given written notice of the withdrawal and shall be given a copy of these standards and procedures. The student shall then be given an opportunity to appear personally before the Vice President for Student Affairs, or a designee, within two business days from the effective date of the interim withdrawal, in order to review the following issues only:

1. the reliability of the information concerning the student’s behavior;
2. whether or not the student’s behavior poses a danger of causing imminent, serious physical harm to the student or others, causing significant property damage, or directly and substantially impending the lawful activities of others;
3. whether or not the student has completed an evaluation, in accordance with these standards and procedures.

11.    A student subject to interim withdrawal may be assisted in the proceedings specified at Part 10 by a family member and a licensed psychologist, psychiatrist or physician. Students will be expected to speak for themselves whenever possible.

12.   An informal hearing, as provided in Part 13, will be held within seven business days after the student has been evaluated by the appropriate emotional/mental health professional. The student will remain withdrawn on an interim basis pending completion of the informal hearing, but will be allowed to enter upon the campus to attend the hearing, or for other necessary purposes, as authorized in writing by the Vice President for Student Affairs.

INFORMAL HEARING

13.    Students subject to an involuntary withdrawal shall be accorded an informal hearing before the Vice President for Student Affairs, or a designee. The following guidelines will be applicable:

1. Students will be informed of the time, date, and location of the informal hearing, at least two business days in advance.
   
   
2. The student file, including an evaluation prepared pursuant to part five of these standards and procedures, and the names of prospective witnesses, will be available for inspection by the student in the Vice President for Student Affairs office during normal business hours. The file, which should be available at least two business days before the informal hearing, need not include the personal and confidential notes of any institutional official or participant in the evaluation process.
   
   
3. The informal hearing shall be conversational. Formal rules of evidence will not apply. The Vice-President or designee shall exercise active control over the proceedings to avoid needless consumption of time and to achieve the orderly completion of the hearing. Any person who disrupts the hearing may be excluded.
   
   
4. The student may choose to be assisted by a family member and a licensed psychologist, psychiatrist or physician.
   
   
5. Those assisting the student will be given reasonable time to ask relevant questions of any individual appearing at the informal hearing, as well as to present relevant evidence.
   
   
6. Whenever possible, the student will be expected to respond to questions asked by the Vice-President or designee. Students who refuse to answer may be informed that the Vice-President or designee could draw a negative inference from their refusal, which might result in their dismissal from the institution in accordance with these standards and procedures.
   
   
7. The informal hearing may be conducted in the absence of a student who fails to appear after proper notice.
   
   
8. The emotional/mental health professional who prepared the evaluation may be asked to appear at the informal hearing, and to respond to relevant questions, upon request of any party, if the Vice-President or designee determines that such participation is essential to the resolution of a dispositive issue in the case.
   
   
9. The Vice-President or designee may permit a college official, and the emotional/mental health professional that prepared the evaluation, to appear at the informal hearing and to present evidence in support of any withdrawal recommendation. Legal counsel for the College will not present such evidence.
   
   
10. The informal hearing shall be tape recorded by the College. The tape(s) shall be kept with the pertinent case file for as long as the College maintains the case file.
    
    
11. The Vice President shall render a written decision within five business days after the completion of the informal hearing. The student should also be advised as to when a petition for reinstatement would be considered, along with any conditions for reinstatement.