Involuntary Withdrawal Policy
About This Policy
The Dean of Students or his/her designee (“Dean”), may place a student on an Involuntary Withdrawal in accordance with this Policy. This process will be undertaken only in circumstances where:
- A student is offered and is unwilling to accept mental or physical health services that are necessary and appropriate;
- Reasonable accommodations cannot be made that would enable the student to remain enrolled and/or on campus;
- A voluntary medical withdrawal or administrative withdrawal is either not feasible or has been offered to the student and rejected;
- No other alternative is available.
When safety to others is an immediate concern, the Dean may refer the matter to the Student Conduct Officer to follow the procedures in Article VII.B.1 in the Student Code of Conduct to place the student upon interim suspension. The student will be given notice of this interim suspension as well as an opportunity to contest the decision in accordance with the Code of Conduct. When safety to the student is an immediate concern, the Dean may refer the matter to the CARE team for assistance.
If the student violates University policies or the Student Code of Conduct, he/she may also be subject to conduct review and action. Therefore, a student may be subject to the University’s disciplinary process at the same time the student is involuntarily withdrawn. Students who are involuntarily withdrawn who have been found to violate University academic policies or the Student Code of Conduct may be subject to sanctions imposed by the University for violating these policies.
A student may appeal a decision by the Dean to the Vice President for Student Development and Campus Life. The Vice President will review the student’s appeal and all necessary additional information and will render a decision that will be final.
Procedures for Involuntary Withdrawal
A. Process for Determining If Involuntary Withdrawal is Appropriate
- The Dean will gather credible information necessary to make an individualized and objective assessment as to whether the student is engaging in or there is a high probability the student will engage in behavior that is likely to lead to harm or injury to the student, to other persons or to University property. The Dean must gather this information from various sources, including but not limited, to University administrators, employees, and faculty from the student’s school who have personally interacted with the student; University students or visitors who have personally interacted with the student; Counseling and Psychological Services (“CAPS”); the University Health Center (“UHC”); the Disability Resource Center (“DRC”); and University Police. The information provided should be based upon personal observation contemporaneous in time to the assessment.
- As part of an individualized assessment of the student, the University must consider information provided by qualified University health care providers, the student and the student’s healthcare and treatment provider(s). Information shall be considered in a manner that is tailored to the specific circumstances of the student to permit qualified personnel to assess the risks presented by the student, giving due weight to the student’s healthcare providers. The decision to place a student on Involuntary Withdrawal shall be reasonably linked to the medical information collected, and may take into consideration the risk of harm presented by the student to him/herself and others in the University’s community while taking into consideration the context of surrounding circumstances and any crisis the student may be facing. The decision to place a student on Involuntary Withdrawal should be based upon what is appropriate for a particular student and must be tailored to individual circumstances.
- The Dean will notify the student in writing that an Involuntary Withdrawal is being imposed. In the notice, the Dean will provide the student a copy of this policy.
- Information gathered in accordance with this policy may be shared with the following departments if the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of others or University property:
- Montclair State University Police Department (UPD)
- Counseling and Psychological Services (CAPS)
- University Health Center (UHC)
- Disability Resource Center (DRC)
- Other professionals as permitted by FERPA
- Following the review of all available, relevant information, a decision will be reached by the Dean, and the student will be informed in writing of the decision. If an involuntary withdrawal is imposed, a Letter of Notification will be sent to the student, and terms and conditions that would permit the student to return to the University will be included.
While the withdrawal will take effect immediately, a student who objects to the involuntary withdrawal may appeal the decision within three (3) consecutive days as follows:
- Notify the dean of their intent to appeal and the date they will submit documentation.
- Submit medical records or reports to the Dean, which will be reviewed by qualified personnel in Counseling and Psychological Services, Disability Resource Center and/or University Health Center, as appropriate.
- In an effort to evaluate the records provided by the student, the student may be asked to consent to a release of medical records and/or a release to permit qualified personnel in CAPS, DRC, and/or UHC to speak to the student’s relevant health care providers.
- The student also may be asked to attend a psychological and/or medical evaluation (at no cost to the student). This evaluation may be completed by qualified personnel in CAPS or UHC, as appropriate. CAPS, UHC and/or DRC as appropriate will issue a recommendation to the Dean concerning the need for Involuntary Withdrawal.
- A student may decline to consent to release medical information to the University; however, the unavailability of information may be considered in determining whether to uphold the decision to place the student on involuntary withdrawal.
C. Appeal Meeting
If an appeal to the involuntary withdrawal is granted, the student will meet with the Vice President for Student Development and Campus Life to challenge the decision. The student may bring an advocate of his/her/their choosing to this meeting. The meeting will be scheduled as soon as possible but no more than three (3) business days after the granting of the appeal. Objections may include but are not limited to:
- The information relied upon by the Dean was not reliable, or new information is available that would warrant a change in the finding;
- The student has not, is not, and will not be substantially disruptive or a high risk of harm to the student or others;
- The student suffers from a disability and reasonable accommodations requested by the student are available to address the substantial disruption or risk of harm;
- The student’s individual circumstances do not warrant an Involuntary Withdrawal;
- Placing the student upon Involuntary Withdrawal heightens the risk of harm to the student.
The Vice President for Student Development and Campus Life may reverse, modify or affirm the decision to place the student on involuntary withdrawal. This final decision will be rendered within three business days following the meeting.
D. Restrictions of Involuntary Withdrawal
- The student’s University identification card must be returned to the Dean, and University housing must be vacated within the period of time indicated on the notification letter.
- The Dean may inform the student in the notification letter that he/she is not permitted to visit the campus or any other University-owned facility except with the written permission of the Dean. If this occurs, the University Police Department will be notified of the involuntary withdrawal and will take appropriate action to address any violation by the student.
- The University will withdraw the student from his/her classes. Depending on the date of the Involuntary Withdrawal, the student will receive either a W/D or classes will be dropped and not appear on the transcript. Depending upon the date of and reasons for the involuntary withdrawal, a student may be eligible for a full or partial refund for room/board, tuition and fees. The University Registrar, Student Accounts, Residence Life, and Dining Services will be notified of the involuntary withdrawal for administration of the student’s account and academic record.
- If the student is attending the University on an International Visa, the Dean will inform the Office of International Engagement of a student’s involuntary withdrawal. International students placed on an Involuntary Withdrawal must consult with the Office of International Engagement for information concerning their Visa status. The Office of International Engagement is located in the Student Center Annex, Room 207, Telephone: 973-655-6862.
E. Return from Involuntary Withdrawal
- A student placed on involuntary withdrawal will be permitted to register for courses and return to campus upon demonstration that the conditions imposed by the University have been met. Requirements and deadlines to meet the conditions to return to the University will be specified in the Letter of Notification. Satisfaction of these conditions will be determined on a case-by-case basis and will be appropriate for each individual and the circumstances which necessitated the involuntary withdrawal.
- An assessment of the student’s satisfaction of the conditions imposed by the University shall be conducted by the Dean in consultation with CAPS, UHC, and DRC, as appropriate. If the student provides medical records or reports in support of his/her satisfaction of conditions required to return to the University, the student may be asked to sign a written consent for release of relevant information to the University. Such records will be reviewed by qualified personnel in CAPS or UHC as appropriate. DRC also will be consulted to account for issues of reasonable accommodations requested by the student.
- If a student declines to release relevant medical information to the University, the Dean may be unable to assess the student’s satisfaction of conditions to permit the student to return to the University.
- Depending upon the circumstances related to the involuntary withdrawal, the Montclair State University Police Department may provide relevant information to the Dean to consider in assessing the student’s satisfaction of conditions to return to the University. Only findings relevant to the involuntary withdrawal and the student’s request for re-enrollment will be considered.
- The Dean shall determine if the conditions of the involuntary withdrawal have been satisfied, and the student shall be permitted to return to the University with or without conditions. If conditions are imposed by the Dean, the student may be asked to sign a behavioral contract that requires compliance with a treatment plan and that holds the student accountable to the treatment plan.
- The decision of the Dean to permit the student to return to the University will be communicated to the student in writing. As needed, the Dean will notify appropriate University offices and administrators regarding the decision, and any relevant conditions thereof.
- A student who fails to request re-enrollment upon the conclusion of an involuntary withdrawal period may be required to apply for admission to the University in accordance with policies imposed upon all other students.
- Students who resided in University housing prior to involuntary withdrawal are not guaranteed housing, which is subject to availability in accordance with University housing policies.
Montclair State University will maintain the confidentiality of all information collected concerning the student and the involuntary withdrawal in accordance with the Family Educational Rights and Privacy Act (FERPA). Student education records may be disclosed by the University in accordance with FERPA.