Withdrawing and Readmitting Students with

Withdrawing and Readmitting Students with UPPS No. 07.09.02

Psychological Problems Issue No. 5
Effective Date: 01/18/2006
Review: June 1 E3Y

01. POLICY STATEMENTS

01.01 The purposes of this UPPS are:

a. To set forth the grounds for routine and interim psychological withdrawal and the procedures to be followed when the policy is invoked; and

b. To provide a procedure for readmitting a student withdrawn for psychological reasons.

01.02 This UPPS is not intended to supplant normal disciplinary procedures when those procedures are necessary or adequate.

02. DEFINITIONS

02.01 “Dean” means Dean of Students or his or her designee.

02.02 “DCC” means Director of Counseling Center.

02.03 “DRL” means Director of Residence Life.

02.04 “VPSA” means the Vice President for Student Affairs.

02.05 “Independent psychiatrist” means a licensed physician specializing in psychiatry who is not officially employed with the University but who may be paid by the University as a consultant to conduct a psychiatric evaluation or provide psychiatric service to students.

02.06 “Independent psychologist” means a licensed psychologist who is not officially employed with the University but who may be paid by the University as a consultant to conduct a psychological evaluation of a student.

02.07 “Interim withdrawal for psychological reasons” means immediate removal when the VPSA determines that, as a result of behavior which may be attributable to a mental disorder, a student’s continued presence on campus, or in a university residential unit, would constitute a clear and present danger or significant disruption to that student or to the University community. Such withdrawal would be affected prior to a hearing to review the matter, if requested. Hearings for interim withdrawals would be handled as outlined in Section 05 of this UPPS. The student, however, would be removed from the University community prior to the hearing.

02.08 Mandatory psychological withdrawal means that after review of all of the evidence available, it has been determined that the student will be withdrawn from the University.

02.09 “Notify” means to correspond in writing by certified mail or by personal delivery to the addressee.

02.10 “ADA” means the Americans with Disabilities Act of 1990. The ADA prohibits discrimination on the basis of disability in employment programs and services provided by state and local governments, goods and services provided by private companies and in commercial facilities.

03. PROCEDURES FOR DETERMINING WHETHER A STUDENT IS SUBJECT TO MANDATORY WITHDRAWAL FOR PSYCHOLOGICAL REASONS

03.01 This UPPS does not apply to students suffering from a mental disorder who:

a. have not engaged in behavior that violates the Code of Conduct; and

b. have not been determined to be likely to engage in harmful behavior to self, others, or university property.

03.02 This UPPS applies to any student who engages in or threatens harm to self or others, or:

a. engages in behavior that substantially disrupts or impedes the lawful activities of others in the campus community; or

b. threatens or intentionally causes substantial damage to the property of the University or members of the campus community and, as a result, is subject to disciplinary action under the Code of Student Conduct.

03.03 If the Coordinator of Student Justice believes that the student’s behavior is primarily attributable to a mental disorder, he or she will inform the Dean who may require the student to report as soon as possible to the DCC for an initial consultation. If the DCC believes that the student may be suffering from a mental disorder, as defined by the current American Psychiatric Association Diagnostic Manual or its equivalent, and as a result of the mental disorder has engaged or may engage in behavior which:

a. poses a significant danger of causing imminent physical harm to the student, or to others, or

b. poses a significant danger of damaging the property of the student, of others, or of the University, or

c. directly and substantially impedes the lawful activities of other members of the campus community, or

d. reasonably indicates that the student is unable to meet institutional standards, the student may be required to have psychiatric or psychological evaluation in order to answer specific questions regarding the student’s fitness to live in a university residential unit or to continue current enrollment at Texas State. The evaluation may be conducted by a psychologist in the Counseling Center or a psychiatrist in the Student Health Center or the DCC may refer the student to an independent licensed psychologist or psychiatrist. An independent psychologist or psychiatrist will be chosen by, but not affiliated with, the University. The University will pay the expense of the evaluation. The student has the right, but is not required, to submit a separate independent evaluation from a psychiatrist or psychologist of her or his own choosing and at her or his expense. In the event of conflicting evaluation reports, the DCC will review the reports, consult with the practitioners who authored the reports, and make recommendations to the VPSA, the Dean, and the DRL as indicated in Section 03.04. A student who does not complete the evaluation, as specified by the DCC, may be subject to withdrawal from the University pursuant to the interim procedures set forth in Section 04, or be subject to disciplinary action, including suspension or expulsion from the University in accordance with the policies and procedures delineated in the Code of Student Conduct.

03.04 The Counseling Center will maintain a confidential student file of all psychiatric or psychological evaluations submitted by independent psychiatrists or psychologists and of all mental health records generated by the Counseling Center as a part of the psychiatric or psychological evaluation process. The Counseling Center will maintain the file in the same manner as all other mental health records in the Counseling Center and in accordance with Chapter 611 of the Texas Health and Safety Code and the privacy rules in the U.S. Health Insurance Portability and Accountability Act.

03.05 After consulting with the Dean, the DCC will recommend a course of action to the VPSA, the Dean, and the DRL regarding the student’s fitness to live in a university residential unit or to continue enrollment at Texas State based upon all the evidence available.

03.06 The DRL will determine the student’s suitability to live in a university residential unit on the basis of the evidence available, circumstances involved, and the recommendations of the DCC. The decision to terminate a student’s residential living agreement may be appealed to the Dean and to the VPSA.

03.07 If a student’s residential living agreement is terminated, the student may apply for readmission under the procedures specified in Section 06.08.

03.08 Because of the university housing policy, in some cases termination of a student’s residential living agreement with the University may result in de facto mandatory withdrawal from the University. In such cases, the student may appeal the decision by informal conference as specified in Sections 05.03 to 05.11.

03.09 The VPSA will decide if mandatory withdrawal from enrollment in the University is required.

03.10 A student will be subject to mandatory withdrawal from the University if the VPSA concludes, on the basis of the available evidence, that the student is suffering from a mental disorder, and as a result of the disorder, has engaged or may engage in harmful or damaging behavior as described in Section 03.01.

04. PROCEDURES FOR INTERIM WITHDRAWALS FOR PSYCHOLOGICAL REASONS

04.01 When the VPSA has reason to believe that a student may be subject to interim psychological withdrawals on the grounds set forth in Section 03.01 the student shall be notified by the most expeditious means available that he or she has been withdrawn. The notification to the student shall contain a statement informing the student of the reasons for the withdrawal and rights to a hearing.

04.02 A student withdrawn on an interim basis shall be given an opportunity to appear personally before the VPSA or his or her designee, within thirty-six hours from the effective time of the interim withdrawal, to discuss only the following issues:

a. The reliability of the information concerning the student’s behavior; and

b. whether the student’s continued presence on campus poses a danger to persons or property or an ongoing threat of disrupting the campus community.

04.03 Thereafter if necessary, the hearing, review and appeal of an interim withdrawal shall be conducted in the manner specified in Section 05.

05. PROCEDURES FOR PSYCHOLOGICAL OR PSYCHIATRIC WITHDRAWALS

05.01 A student subject to mandatory withdrawal from the University, on the basis of harmful or damaging behavior due to a mental disorder, shall be entitled to an informal conference with the Dean and the DCC and other university officials as determined by the situation. The student shall be informed in writing, at least three class days in advance of the conference, of the date and location of the conference, the procedures to be followed at the conference, and the grounds for possible withdrawal from the University.

05.02 Information relevant to whether the student is suffering from a mental disorder shall be reviewed at the conference, along with reasons why the student might be withdrawn from the University. The student and his or her representative shall have the right to examine psychiatric or psychological evaluation results and to discuss them during the informal conference before any final determination is made.

05.03 The conference will be closed to the public, except for the immediate members of the student’s family, who may be invited by the student, and the student’s representative.

05.04 The Dean shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the conference. The Dean may exclude any person who disrupts the conference.

05.05 It shall be presumed that the student in question is not suffering from a mental disorder and should not be withdrawn on psychological grounds unless the Dean is convinced to the contrary by the evidence.

05.06 Formal rules of evidence shall not apply in conference proceedings. The Dean shall admit all matters into evidence that have probable value and may exclude repetitious or irrelevant evidence.

05.07 The Dean shall promptly prepare a written statement of findings and a recommendation to the VPSA. A copy of the findings and recommendations will be given to the student. His or her report should include all relevant written materials, evidence, notes, correspondence and recordings.

05.08 If the student does not accept the Dean’s recommendation to the VPSA, the student may appeal that recommendation to the VPSA within three class days of the Dean’s recommendation.

05.09 The VPSA will concur, overrule, or amend the recommendation of the Dean and may require additional evidence, arguments or briefs.

05.10 The VPSA shall promptly notify the student and the Dean of the decision, which shall be final. The student shall be informed in writing of the date the student is eligible to apply for readmission to the University, along with any conditions for readmission.

05.11 Upon receipt of notice from the VPSA that a student is to be withdrawn under this section, the Dean shall send to the Registrar’s Office a memorandum that the student is to be withdrawn (Attachment I), accompanied by a copy of the VPSA’s decision, which shall be filed in the student’s file in the Registrar’s Office. However, no notation of the reason for the withdrawal shall be made on the student’s permanent transcript.

06. PROCEDUES FOR READMISSION OF STUDENTS WITHDRAWN FOR PSYCHOLOGICAL REASONS

06.01 A student who withdraws or is withdrawn from the University under provisions of this UPPS may apply for readmission. On the date of eligibility as determined by the Dean under the provisions of Section 05.10, or thereafter. The student shall submit an Application To Remove Re-Enrollment Block form (Attachment II) to the Dean. The student will be given a Request for Authorization to Exchange Information (Attachment III).

06.02 A student seeking to be readmitted under this section shall submit to the DCC a re-enrollment questionnaire (Attachment IV) completed by a private psychiatrist or licensed psychologist. The student shall also complete an Authorization to Exchange Information form (Attachment V) and submit it to the DCC.

06.03 After submitting the readmission questionnaire, the student shall arrange an interview with the DCC. The DCC, after interviewing the student, will submit a written recommendation to the VPSA as to whether the student should be readmitted and if the student should be allowed to live in a university residential unit. The DCC will consult with the Director of the Office of Disability Services throughout the readmission review process to make sure the process is in compliance with ADA requirements.

06.04 The VPSA shall review the DCC’s recommendation, and, if the VPSA concurs, the student shall be readmitted. No student who withdraws or who is withdrawn under the provisions of this UPPS may be readmitted to the University except with the specific approval of the VPSA. If the student is readmitted to the University, the VPSA, in consultation with the Dean and DRL, will determine if the student shall be allowed to live in a university residential unit.

06.05 The VPSA, upon the advice of the DCC, may require, as a condition of readmission, that the student consult with such persons as he or she directs for such time as he or she feels justified. This may be, but is not limited to, a psychologist or counselor in the Counseling Center, or an independent psychiatrist or psychologist. The purpose of consultation shall be for monitoring and evaluation only and is not a requirement for therapy or treatment.

06.06 The VPSA will notify the Dean of the decision to readmit the student.

06.07 The Dean shall notify the student in writing and shall refer the student to the Office of Disability Services to determine the student’s desire and eligibility for academic accommodations. The Dean shall remove any hold placed on the student’s registration as a result of withdrawal under this UPPS.

06.08 A student who has been allowed to continue enrollment but has had his or her residential living agreement terminated under the provisions of Section 03.03, may reapply to the DRL on the date of eligibility for readmission as determined by the Dean under the provisions of Section 05.10. The DRL, in consultation with the Dean, will decide to accept or reject the application on the basis of supportive evidence that the student is not likely to engage in harmful, damaging or disruptive behavior as described in Section 03.01. The DRL may require completion of the re-enrollment questionnaire (Attachment IV) as described in Section 06.02 and may seek recommendation of the DCC as described in Section 06.03.

07. PROCEDURE FOR GRADE ASSESSMENT UPON WITHDRAWAL UNDER THIS UPPS

07.01 Any student who is withdrawn pursuant to the procedures of this UPPS shall receive a grade of “W” in each course in which the student is currently enrolled, except when all requirements of a course have been completed, regardless of when the withdrawal occurs.

07.02 Upon receipt of the Dean’s memorandum pursuant to Section 05.11, the Registrar’s Office shall insure that grades of “W” are issued and that each of the student’s course instructors is notified of the withdrawal.

08. REVIEWERS OF THIS UPPS

08.01 Reviewers of this UPPS include the following:

Position Date

Director, Counseling Center June 1 E3Y

Coordinator, Student Justice June 1 E3Y

Dean of Students June 1 E3Y

Director, Residence Life June 1 E3Y

Director, Office of Disability Services June 1 E3Y

University Attorney June 1 E3Y

Director, Student Health Center June 1 E3Y

Academic Advisor (Appropriate) June 1 E3Y

09. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

Director of the Counseling Center; senior reviewer of this UPPS

Vice President for Student Affairs

President