Required Medical Leave

The following policy establishes the procedures under which a required medical leave may occur, as well as the process for return from leave. Its requirements and procedures are applicable to all students with or without disabilities.

Standards for a Required Leave. Typically, a Required Medical Leave is invoked when a student exhibits acute or persistent health or behavioral problems which arise from physical or mental health issues. Each situation will be reviewed on a case-by-case basis. The University may initiate the Required Medical Leave process if, in the judgment of the Dean of Students, a student meets one or more of the following criteria:

The student is deemed a direct threat to the safety, health, or well-being of any person. A direct threat to others includes any danger of suicide, self-mutilation, accident, or assault that cannot be mitigated by reasonable accommodations or necessitates unusual measures to monitor, supervise, treat, protect, or restrain the student to ensure his or her safety and the safety of those around the student.
The student’s behavior is disruptive to others and negatively affects the community. Disruptive behavior is that which causes emotional, psychological or physical distress to fellow students or staff substantially above that normally experienced in daily life. Such disruption may be in the form of severe distress associated with one or more behavioral incidents, or somewhat less severe but persistent distress over a more extended period.
The student refuses to cooperate with recommended assessment or treatment and his or her physical or psychological disorder seems likely to deteriorate to the point of permanent disability, disfigurement, impairment or dysfunction without such assessment or treatment, thus presenting a direct threat to the safety, health, or well-being of any threat to person. Where standard assessment is impossible because of the student's resistance, indirect behavioral observations will constitute the basis for judgment.

Procedures for a Required Medical Leave. When conditions allow for an investigation, including an individual assessment of the student's health status, resolution of the situation will first be sought with the student's cooperation if at all possible. Voluntary leave is encouraged to preserve, to the extent possible, confidentiality, and to maximize the participation of the student or his or her family. If the student declines voluntary medical leave, he or she may be involuntarily withdrawn from the University. The involuntary medical leave process can be initiated by any University official who believes a student meets one or more of the standards described in paragraphs 1a, 1b, or 1c above. University officials with concerns about student safety will contact the Dean of Students, who will coordinate the Required Medical Leave process.

When the Dean of Students becomes aware of a student who may fit the standards for required medical leave, she will request an individualized physical or mental health assessment from the Director of Health Services and will conduct a community impact review. When possible, this should begin with a one-on-one meeting with the identified student. The individualized health assessment will include relevant records from on- and off-campus treatment providers. The community impact review will include relevant information from employees and students having interaction with the student. If the Dean of Students deems the student does not meet any of the standards for a Required Medical Leave, this process will terminate and the Dean of Students, Director of Health Services, and/or the Director of Academic Success will meet with the student to develop reasonable accommodations necessary for student success and community safety. The student will be required to adhere to the established accommodations. Failure to adhere to the established parameters could result in the student being required to take a medical leave.

If the individualized health assessment and community impact review result in a recommended medical leave, and the student refuses voluntary medical leave, then a Health Review Team will be established. The Heath Review Team will be comprised of the Dean of Students, an Engle Center representative, and the Director of Academic Success.

The Health Review Team will review the individualized health assessment and the community impact review and will invite the student to meet with the team. At that time, the student may provide additional information for consideration. The Team may require a further assessment of the student by a medical/psychiatric provider identified by the Team to determine if the student meets the standards above. The work of the Team will be guided by the following:

Each student’s situation is different, and an individualized determination must be conducted in each case, considering the stressors faced by that student.
The nature, duration, and severity of risk to self or the community must be considered.
A consideration will be made of reasonable accommodations which may mitigate risk and contribute to student success and community safety
Emphasis must be placed on the student’s observed conduct, actions, and statements, as opposed to primarily on speculation, inferences and assumptions.

If the Team concludes that the student does not meet any of the standards for a Required Medical Leave, it will inform the student in writing and establish reasonable accommodations for student success and community safety.

If the Team concludes that the student does meet one or more of the standards for a Required Medical Leave, the Team will notify the student of its decision in writing and will include its reasons for this conclusion, the effective date of the medical leave, the conditions for return (if applicable), and the appeal process to be followed by the student. The Team's decision will become effective immediately upon deposit in the mail or hand delivery.

Interim Measures. In all cases where a Required Medical Leave is being considered, the University will undertake an appropriate review and take prompt and
effective action to support and protect the student(s) involved. This includes taking appropriate interim measures before the final decision is made. If the Dean of Students has reason to believe, based on information available, and in consultation with professionals with appropriate expertise, that the student’s continued presence on campus poses an imminent threat of significant harm to self or others in the community, the University may take immediate action to remove the student from campus pending receipt and review of relevant information. This temporary removal may remain in place pending completion of any appeal process. Accordingly, the University may impose a "no contact" directive, which will typically include a directive that the involved parties refrain from having written, verbal, phone/text, or physical contact with one another, directly or through a third party, pending an individualized health assessment and community impact review and final decision. The University may also take any further protective action that it deems appropriate concerning the student pending the Health Review and final decision, including, without limitation, directing the appropriate University officials to alter the student's class schedule, housing (including restriction from University housing), and/or access to the campus (including class attendance).

Access to Campus During Leave. In certain circumstances, the student on medical leave may have their access to campus and other students limited during the time they are on leave. If these stipulations are established, they will be communicated in writing. Upholding or not upholding these parameters will have a measure of influence the recommendation for a return.

Student Appeal Process for a Required Medical Leave. The Health Review Team’s decision may be appealed by the student to the Vice President for Human Resources and Compliance within five (5) business days of the decision. Such appeals should be in writing and include specific points the student wishes the Vice President for Human Resources and Compliance to consider. The Vice President for Human Resources and Compliance will make a decision based on the record. Additional evidence may be submitted, but it does not need to be considered.

The Vice President for Human Resources and Compliance has seven (7) business days to review the record and inform the student of his or her decision in writing. The Vice President for Human Resources and Compliance may (a) uphold the decision of the Team, (b) refer the matter back to the Team for further proceedings, or (c) reverse the decision of the Team and reinstate the student. The Vice President for Human Resources and Compliance‘s decision is final.

Process for Return to the Campus after a Required Medical Leave. Permission to return for a student who has been placed on a Required Medical Leave will follow the guidelines for returning from voluntary medical leave, with the approval of the Dean of Students and Director of Health Services. Typically, at a minimum, conditions for return to class may include medical or psychiatric treatment during the period of leave and verification of compliance with recommendations of treatment providers. Other conditions for return may include examinations by independent or University-employed medical health professionals, release of relevant medical records, demonstrated ability to meet the University’s academic and conduct standards, interviews with University officials, personal statements, and a decrease in the conduct resulting in the Required Medical Leave. The amount and nature of material requested, and the breadth of the review, will be based upon the nature and severity of the student’s condition at the time Required Medical Leave was taken. Approval to return will be granted only if the Dean of Students and Director of Health Services determine that the conditions that led to the Required Medical Leave are no longer present or are mitigated to the extent that the student does not meet one or more of the standards in
Paragraphs 1a, 1b, or 1c above.

The Dean of Students and Director of Health Services will consider recommendations of the student's care providers regarding return, but will make determinations independently and in accordance with all available information and expertise. Thus, a recommendation for return from a student's healthcare provider(s) is not in itself sufficient grounds for return. Failure of the student to cooperate in these procedures, to comply with required conditions of the leave or withdrawal, or to provide accurate and complete information is grounds for reconsideration of the student's status. Once all the relevant information has been considered, the Dean of Students and Director of Health Services will make a recommendation to the Dean of Students, who makes a final determination regarding the student’s return from Required Medical Leave. Approval to return may include stipulations concerning class schedule, extracurricular activities, place of residence or other conditions as may be judged to be appropriate to the safety, health, and well-being of all persons in the campus community.

Confidentiality. If the student has been treated at the Engle Center, treatment records may be used in determining the outcome of the Required Medical Leave process. Under such extreme conditions that a consideration for Required Medical Leave is necessary, the Director of Health Services may decide that confidentiality must be waived, as is indicated in the “Client Consent”
form signed by the student at the initiation of counseling. All records concerning Required Medical Leave will be kept in accordance with University policy. Required Medical Leave will be recorded on the transcript as a withdrawal from current courses.