Student Involuntary Leave of Absence Policy

Purpose and Applicability

Lewis & Clark College is committed to the safety, health, and well-being of all students and members of the College community. In rare circumstances, students may experience situations that significantly inhibit their ability to function successfully and safely in their role as students. When such circumstances arise, the College encourages students to voluntarily withdraw for a period of time so that they may address their needs. When a student does not take a voluntary leave of absence and the best available objective evidence indicates that they pose a serious risk to the health and safety of themselves or to the College community, or where the student’s behavior significantly disrupts the College environment or its customary functions, the College may require the Student to take an involuntary leave of absence. This Policy describes the process for making that determination, and for the impacted student to seek to rejoin the campus community following the leave. This Policy applies to all students of the College, including the College of Arts and Sciences, the Law School, and the Graduate School of Education and Counseling.

Policy Regarding Involuntary Leave

A student may be placed on involuntary leave, and/or required to live outside of College housing, when the Vice President for Student Life determines, based on the best available objective evidence, that the student poses a serious risk to the health and safety of themselves or to the College community, or where the student’s behavior significantly disrupts the College environment or its customary functions. For instance, such determination may be made if the student’s behavior, including inability to care for themselves, poses a serious risk of harm to themselves or to other persons or property, or if the student’s behavior has caused or is likely to cause significant disruption to the campus community, or if the student is otherwise unable to function as a student. Any such determination must be based on an individualized assessment, considering the best objective evidence available at the time, and will be made only if no reasonable accommodation can adequately address the risks, threat or disruption. Such action should only be taken when deemed necessary in order to either assure the safety of the student or the campus community or to prevent disruption to the customary functions of the College.

An involuntary leave of absence is not a disciplinary sanction and is not punitive in nature. No distinction will be made on a student’s transcript between a voluntary and an involuntary leave of absence. An involuntary leave of absence is intended to permit a student to take a break from their studies to address the issues that led to the need for the leave of absence, so that they may later return to the College with an enhanced opportunity to achieve their educational goals. At any time prior to the decision to place a student on involuntary leave, the student may choose to voluntarily withdraw from the College for a period of time.

Process

Role of Welfare Intervention Network

The Welfare Intervention Network (WIN), is a dedicated team of Lewis & Clark professionals who collaboratively coordinate outreach efforts to help students, faculty, and staff who may be a potential health or safety risk to themselves or others. WIN is often involved in assessing situations where a student may pose a risk of harm to themselves or others, or may be causing significant disruption to the campus, and WIN’s involvement is one way (although not the only way) through which the involuntary leave process in this policy can be invoked. WIN is authorized to require a student to engage in an individualized safety assessment, completed by the Director of the Health Service, the Chief Psychologist, or such other qualified person as may be designated by the WIN. WIN may also request that a student provide the results of an evaluation by a licensed professional with expertise related to the behavior of concern. If WIN determines, based on its assessment of a situation, that involuntary leave may be appropriate, then WIN will notify the Vice President for Student Life (VPSL) or designee.

Hearing Process

Before a student is placed on involuntary leave, the student is entitled to a hearing before the VPSL. The VPSL may convene such a hearing based on the recommendation of WIN, based on the recommendation of a dean’s office, or on the VPSL’s own initiative. The VPSL may convene an Involuntary Leave Committee to participate in the hearing and/or advise the VPSL. The Involuntary Leave Committee will generally include the Associate Dean of Students for Health and Wellness, the Director of the Office for Student Accessibility, the Director of Student Rights and Responsibilities, and such other persons as the VPSL may appoint on an ad hoc basis. (In situations involving a student of either the Law School or Graduate School, the Committee will also usually include a designee of the dean of the respective school.)

The student will be provided with written notice of the hearing date and time at least two business days before the date of the hearing. The notice will include a description of the behavior or behaviors prompting the hearing. If the student is unable or unwilling to attend the hearing on the date and time scheduled, the hearing may be held without the student present. If the VPSL has reason to believe that imminent harm or disruption to the learning environment is possible, the VPSL may take any interim action deemed necessary, which may include, without limitation, removal of the student from class, housing and campus, pending completion of the hearing.

Prior to the hearing, the student may be required to engage in an individualized safety assessment, completed by the Director of the Health Service, the Chief Psychologist, or such other qualified person as may be designated by the VPSL. Any such individualized assessment will be conducted in a prompt manner, with its conclusions provided in writing to the VPSL, and if necessary, the Involuntary Leave Committee.

The student may be accompanied by a faculty member, staff member, another student, family member, or other support person at the hearing, but such person does not represent the student and the student will be expected to speak for themselves. The student will have the right to present relevant evidence and call witnesses with relevant information, and to hear and question the evidence and testimony considered by the VPSL. The VPSL may request the presence of faculty, staff, or other persons who may have information relevant to the substance of the hearing. The VPSL may request that the student provide the results of an evaluation by a licensed professional with expertise related to the behavior of concern, and may consider such evaluation in making a decision. The student will have the opportunity to respond to all information, statements, or evidence presented.

The VPSL may confer, as feasible and appropriate, with such other individuals regarding the need for involuntary leave as may be necessary, such as other licensed health professionals or treatment providers (with appropriate authorization), Campus Living staff, Welfare Intervention Network members, academic advisors, etc.

The VPSL will consider potential accommodations and/or modifications that would obviate the need for an involuntary leave of absence, such as the option to take a voluntary leave of absence, academic accommodations, housing and dining accommodations, or agreement on a behavioral contract.[1]

Following the hearing, the VPSL will prepare a written decision and deliver it electronically to the student within five (5) business days.

Appeal

A student may appeal the decision of the VPSL by submitting a written appeal to the appropriate appellate officer within five (5) business days of electronic delivery of the decision. The appropriate appellate officer is the dean of the College of Arts and Sciences, Law School, or Graduate School, as appropriate to the student. All appeals must be directed in writing to the Office of the Vice President for Student Life by emailing vpsl@lclark.edu. Upon receipt, the VPSL will direct the appeal to the appropriate dean’s office.

The original decision will only be reviewed to determine if any of the following conditions were present:

1. A procedural or substantive error occurred that significantly affected the outcome of the hearing, such as substantiated bias or material deviation from established procedures.
2. The decision reached was not based on sufficient evidence.
3. New information or other relevant facts not known to the person appealing at the time of the original hearing that are sufficient to alter the decision.

To receive consideration, a student’s appeal must be full and complete upon its submission, including the basis for appeal and any supporting documentation and argument. The appellate officer will review the appeal and may uphold, reverse or remand the decision based only upon the conditions set forth above. All appeal decisions will be delivered in writing and are final.

Policy Regarding Petitions to Return from Involuntary Leave

A student placed on involuntary leave must submit a written request to the VPSL to return to the College.

Generally, a student will not be allowed to return from leave until either the end of the current semester, or the end of the subsequent semester, depending on the circumstances. A student’s involuntary leave notification will specify any minimum term of leave, and any specific conditions or requirements that must be satisfied by the student, before the student’s return to the College.

When a student requests permission to return from involuntary leave, the VPSL will rely on an individualized assessment of the student’s readiness and ability to return to the College. The VPSL may convene and/or seek advice from the Involuntary Leave Committee when considered a request to return. Students seeking to return from involuntary leave must submit required documentation related to the factors that led to the involuntary leave decision. The Office for Student Accessibility will work with the student to provide reasonable accommodations as part of the return process as necessary or appropriate.

The student may be required to provide evidence that the student, with or without reasonable accommodations, has sufficiently addressed the issues that resulted in the involuntary leave of absence. The VPSL may ask, confer with, or seek information from others to assist in making a decision. This information may include, but is not limited to, documentation of the student’s effort to address the issues that led to the need for the involuntary leave of absence, which may include, with appropriate authorization, treatment information.

All students returning from an involuntary leave of absence, or a voluntary leave of absence taken at the student’s option, must meet eligibility standards and any other requirements applicable to their program, school, or department, with or without reasonable accommodations, separate from approval by the VPSL to return to the College.

If the VPSL is not satisfied that the student is ready to return to the College, or places conditions on the student’s return, the VPSL will notify the student in writing of the reasons for the decision in a timely manner after the student has submitted a written request to return to the College and all required documentation.

A student denied permission to return to the College from an involuntary leave of absence may appeal that decision to the dean of the College of Arts and Sciences, Law School, or Graduate School, as appropriate to the student. The original decision will only be reviewed to determine if any of the following conditions were present:

1. A procedural or substantive error occurred that significantly affected the outcome of the hearing, such as substantiated bias or material deviation from established procedures.
2. The decision reached was not based on sufficient evidence.
3. New information or other relevant facts not known to the person appealing at the time of the original hearing that are sufficient to alter the decision.

To receive consideration, a student’s appeal must be full and complete upon its submission, including the basis for appeal and any supporting documentation and argument. The appellate officer will review the appeal and may uphold, reverse or remand the decision based only upon the conditions set forth above. All appeal decisions will be delivered in writing and are final.

Note: This policy supplements existing policies of the College of Arts and Sciences, Law School, or Graduate School of Education and Counseling, and supersedes such policies in the event of inconsistency.

[1] A behavioral contract is an agreement between the student and the College that seeks to address the concerning behavior. The terms of such a contract would be based on the individualized risk assessment and be tailored to fit the student’s particular situation. The conditions of a behavioral contract are meant to be protective, not punitive in nature and should address the behavior at issue. Behavioral contracts may require, among other things, compliance with a medical treatment plan, regular consultations with health care professionals, meetings with administrators, disclosure of relevant medical records and information, and restrictions on participation in College housing or other activities. Behavioral contracts may require a change in the behavior or conduct at issue sufficient to enable safe participation in the campus community. Failure to satisfy the conditions of a behavioral contract can be grounds for disciplinary action.