8.23 / University-Initiated Involuntary Student Leave Of Absence

University-Initiated Involuntary Leave of Absence

1. The Student has engaged or threatened to engage in behavior that poses a significant risk to the health or safety of themselves or others in the University Community;
2. The Student is unable or unwilling to carry out self-care obligations such that it poses a significant risk to their health or safety; or
3. The Student has engaged in or has threatened to engage in behavior that severely disrupts the programs, services, or activities of the University.

Process for University-Initiated Involuntary Leave of Absence

1. Initial Review

   When the Division of Student Affairs is made aware that a Student is exhibiting any of the behaviors listed under Section III.A of this policy, the Assistant Vice President for Student Affairs or their designee ("AVP") may conduct an initial review of the information received to determine whether the circumstances warrant pursuing interim emergency removal of the Student from University Premises and/or involuntary leave of absence based on an individualized assessment of the Student for purposes of imposing an involuntary leave of absence, as set forth in this policy.

2. Interim Emergency Removal

   If the AVP has reason to believe, based on the information available and in consultation with licensed professionals with appropriate expertise, that the Student's continued presence on University Premises poses an imminent threat of significant harm to the Student or to others in the University Community, the AVP may take immediate action to remove the Student from University Premises.

   1. Student Notification

      The AVP will notify the Student in writing of the reason for the emergency removal and that the emergency removal will be reviewed within 5 Business Days of imposition to determine whether and how long the emergency removal will remain in place.

   2. 5-Day Review

      Within 5 Business Days of imposing an interim emergency removal, the AVP will review, in consultation with the CARE Team, whether and for how long the emergency removal will remain in place.

   3. Duration

      An emergency removal may remain in place for a reasonable period of time, which may extend through the involuntary leave of absence process and appeal.

   4. 5-Day Notice

      The AVP will notify the Student in writing of whether and for how long the emergency removal will remain in place and of the Student's right to appeal the emergency removal. Notices will also be provided as necessary in accordance with Section III.B.5.b of this policy.

   5. Appeal of Emergency Removal

      Emergency removals may be appealed to the Vice President for Student Affairs ("VPSA"), or their designee, under the process set forth in Section III.C of this policy.

3. Involuntary Leave of Absence

   If, in consultation with the CARE Team, the AVP determines that the circumstances warrant consideration of an involuntary leave of absence for the Student, the AVP will notify the Student and conduct an individualized assessment.

   1. Notice to Student

      The AVP, or their designee, will provide written notice to any Student who is under consideration for an involuntary leave of absence. The written notice will include the following information:
      1. The reason why the Student is being considered for involuntary leave;
      2. An overview and timeline for the process;
      3. Available support resources;
      4. The name and contact information for the assigned Process Aid;
      5. The Student's right to request a voluntary leave of absence; and
      6. Notice of the Student's right to reasonable accommodation during any of the processes addressed under this policy.

   2. Individualized Assessment

      The AVP will conduct an objective individualized assessment based on the best available evidence, taking the following into consideration:
      1. The Student's observed conduct, actions, and statements.
      2. The nature, duration, severity, and probability of the risk or disruption.
      3. When the case involves the potential for self-harm, an assessment conducted by a trained and certified campus administrator or a trained and certified external professional to determine whether the Student poses a legitimate safety risk to themselves based on severity, likelihood, and imminence of potential harm.
      4. When the case involves the potential for harm to others, a violence risk assessment conducted by a trained and certified campus administrator or a trained and certified external professional using validated tools (e.g., SIVRA-35) to assess risk and protective factors related to potential violence.
      5. Input from the Student's treatment providers and relevant campus partners. The Student may be asked to consent to the release of confidential information to facilitate this review. A student may decline to provide such consent; if so, the AVP will move forward and make a determination based on the information available.
      6. Any additional information provided by the Student, including medical documentation.
      7. Input from consultation with the CARE Team.
      8. Whether or not reasonable accommodations or modifications to University policies, practices, or procedures are available as an alternative measure to the leave and would mitigate the risk.

4. Determination

   Based on the individualized assessment, including the recommendations made by the CARE Team and licensed professionals with appropriate expertise, the AVP will make a determination as to whether the Student will be placed on an involuntary leave of absence. If leave is not imposed, the AVP may impose conditions and/or requirements under which the Student is allowed to remain enrolled at the University.

5. Notice of Determination

   1. Notice to Student

      Written notice of the determination will be delivered to the Student, or their designee, and will contain the following information:
      1. Whether the Student will be placed on an involuntary leave of absence, the effective date if leave is imposed, and a summary of the basis for the determination.
      2. Any conditions the Student will need to satisfy prior to being reinstated after the leave of absence or, if leave is not imposed, any conditions required for the Student to continue enrollment with the University.
      3. Any restrictions, conditions, or alterations that the Student must be aware of during the term of the leave, such as access to campus facilities and events, on-campus housing, food services, or participation in student organizations and events.
      4. The Office of Civil Rights, Title IX & ADA Compliance contact information.
      5. Notice of the Student's right to appeal the determination and the process for appeal.
      6. Notice of the process for submitting a request to be reinstated after an involuntary leave of absence has been imposed.
      7. Notice of the Student's right to reasonable accommodation during any of the processes addressed under this policy.
      8. A copy of this policy.

   2. Other Necessary Notices

      The University will attempt to avoid or decrease any negative consequences that an involuntary leave of absence might cause for the Student by providing notice that the Student is on a leave of absence to University departments and services as necessary and as applicable to the Student, including but not limited to the Registrar's Office, college dean, department chair, academic advising, financial aid, Student Outreach and Support, CAPS, Student Health Services, Housing and Residence Life, Human Resources Business Partner ("HRBP"), and faculty. Such notices shall be kept confidential and shall only contain information that is necessary to protect the Student's and the University's interests.

Appeal of Determination

1. Bases for Appeal

   Review of an appealed determination will be limited to the following:
   1. Whether the determination took into consideration all of the relevant facts and circumstances.
   2. Whether there is any information not previously available to the AVP that may warrant further review.
   3. Whether AVP's decision was reasonable based upon the available facts.

2. Notice of Decision

   Once the appeal has been reviewed, a written decision will be delivered to the Student, affirming, modifying, or reversing the initial determination. The decision of the VPSA is final. If the VPSA reverses or modifies the AVP's determination, notices will be provided as necessary in accordance with Section III.B.5.b. of this policy.

Status During University-Initiated Leave of Absence

1. Student Status

   Students on involuntary leave are not considered enrolled and therefore do not have the rights and privileges of enrolled Students. Unless expressly permitted in writing by the AVP, Students on leave may not be present on University Premises or participate in University activities.

2. Shocker Card ID Privileges and Email

   Unless expressly prohibited by the AVP in writing, Students on involuntary leave are generally permitted to retain their University email account and any Shocker Card ID privileges that are otherwise available to non-enrolled Students.

3. Student Housing

   Students placed on involuntary leave may be restricted from accessing student housing. Consistent with the University's policies and procedures, Students assigned to a University residence are subject to the terms of the WSU Housing and Residence Life Contract Terms and Conditions ("Housing Contract"), which is available on the Contract Cancellation webpage. Students who leave the University before the end of the semester/term/academic year may be subject to cancellation fees, which are addressed in the cancellation fee schedule in the Housing Contract.

4. Tuition

   Any requests for tuition refunds by Students who are placed on an involuntary leave are subject to Policy 13.04 / Tuition and Fees Refunds.

5. Transcripts

   Transcripts of Students on an involuntary leave of absence will not indicate that the Student is on a leave of absence. Rather, the Student's transcript will indicate only the notation of a "W" for any course from which the Student is withdrawn.

6. Assistance

   Students may contact the AVP, or their designee, for assistance on matters associated with the leave of absence, including any necessary student services and assistance with temporary housing if their on-campus housing is no longer an option or cannot accommodate their needs during the leave.

7. Student Employee Status

   If a Student Employee, as defined in Policy 8.01 / Student Employment, is placed on involuntary leave under this policy, the respective HRBP will be promptly notified to review and take any necessary action in accordance with applicable employment-related laws and University policies and procedures.

Reinstatement after University-Initiated Leave of Absence

1. Written Request

   Students seeking to be reinstated after being placed on an involuntary leave of absence must submit a written request to the AVP at least 30 days prior to the date the Student desires to be reinstated.

2. Requirements

   In order to be considered for reinstatement, the Student must demonstrate the following:
   1. The Student has met all conditions for reinstatement as required by the AVP's determination to place the Student on an involuntary leave of absence or as required by the decision on appeal of that determination;
   2. The Student is able to participate in University programs without engaging in the behavior that led to the Student's involuntary leave of absence; and
   3. The Student has or can meet any relevant academic requirements for reinstatement.

3. Documentation

   Students seeking reinstatement should provide documentation showing that the Student has taken all steps necessary to mitigate the behavior that led to the Student's involuntary leave of absence. The University may request additional supporting documentation and consent to communicate with the Student's treatment providers. If a Student declines to provide additional documentation or consent, the AVP will make a determination with the information available.

4. Determination and Appeal

   The AVP will provide the Student with a written determination on the request for reinstatement. If the request is denied or if it is approved subject to conditions, the Student may appeal this determination to the VPSA under the process set forth in Section III.C of this policy.

5. Policies and Deadlines

   Students who are approved for reinstatement will be subject to the University's and/or academic department's admission and registration policies and deadlines. The Division of Student Affairs will assist Students approved for reinstatement in determining any academic and/or registration requirements or restrictions.

Written Communication

Confidentiality

Disciplinary Action

Non-Discrimination

Reasonable Accommodation

1. Business Day: Every official workday of the week. These are the days between and including Monday through Friday, and do not include public holidays, days where the university is officially closed, and weekends.
2. Care Team: The University's Care Team is comprised of a multidisciplinary group of University personnel representing a variety of University departments. Individuals selected from these areas have experience in a variety of care-related disciplines, which may include law enforcement, threat assessment, medical and mental health evaluation, human resources, university operations, and the Division of Student Affairs.
3. Employee: An individual who provides services to the University on a regular basis in exchange for compensation and receives a W-2 for such services. This includes temporary and part-time Employees.
4. Process Aid: An individual, outside the decision-making process for the involuntary leave of absence under consideration, who the University assigns to serve as a neutral process resource to answer the Student's questions throughout the involuntary leave of absence consideration process.
5. Structured Interview for Violence Risk Assessment (or SIVRA-35): A standardized research-based violence risk assessment that involves an evaluation of 35 risk factors by an individual who is experienced in violence risk assessment. The assessment may be conducted through a structured interview of the subject or through a review of relevant incident reports and other forms of data related to the subject. The assessment results in a score that will indicate whether the subject should be classified as low, moderate, or high risk.
6. Student: Any individual who has been notified of admission to the University; is enrolled in, auditing, or participating in any University course or program; or has a continuing relationship with the University. An individual is considered a Student until they notify the University they are no longer a Student or the University informs them that they are no longer a Student. For purposes of this policy, Student does not include University Employees who are enrolled in classes at the University but are not Student Employees, as defined in Policy 8.01 / Student Employment.
7. University: Wichita State University.
8. University Community: The University and its Students, administrators, faculty, and Employees and any visitors or guests present on University Premises.
9. University Premises: University Premises includes University owned land, buildings and vehicles; buildings and land leased by the University from an affiliated corporation or a third party; and any other property controlled by the University that is set forth by agreement that the University may restrict access. University Premises may change from time to time, but they are designated annually in the University's Annual Security Report posted on the University's Clery web page.