MSU Billings Student Policies & Procedures Handbook
Part X. Involuntary Withdrawal Policy
If a student is behaving in a way that is threatening to the student or others, or which significantly interferes with the student's education or the rights of others, the Vice Chancellor for Student Affairs of designee from Student Life and Housing may initiate these procedures. This policy is meant to be invoked in those circumstances when a student is unable or unwilling to request a voluntary withdrawal or to participate in normal college proceedings (e.g., academic activities, student conduct processes), and such a withdrawal may be necessary to protect the safety of that student and/or others, or the integrity of the college's learning environment
Basis for Interim or Permanent Involuntary Health Withdrawal
Montana State University Billings may initiate proceedings to withdraw a student if it is determined, by a preponderance of available evidence (that it is more likely than not) that the student is engaging in or likely to engage in behavior that poses a direct threat to the health and safety of others. The University will consider whether reasonable accommodations to policies, practices or procedures will sufficiently mitigate the risk, unless those reasonable accommodations would cause undue hardship for the college. The Vice Chancellor for Student Affairs or designee will seek, if appropriate and feasible, the cooperation and involvement of parents, guardians, children or spouse of the student. The decision to notify a student's family members will be weighed carefully against the student's privacy rights. The student's parents, guardians, children or spouse may be contacted without the expressed consent of the student if it a health or safety emergency exists.
Referral for Evaluation
The Vice Chancellor for Student Affairs or designee may refer a student for evaluation if it is believed that the student meets the criteria set forth in this policy. This evaluation is to be conducted by an independent, licensed health professional (e.g., physician, psychologist, and psychiatrist) who is not a family member of the student and who has been approved by the Vice Chancellor for Student Affairs or designee.
Students referred for evaluation will be so informed in writing with confirmed personal delivery. The evaluation must be completed within five business days from the date of the referral letter, unless an extension is granted by the Vice Chancellor for Student Affairs or designee. Students undergoing mandatory evaluation shall sign an authorization to release personal health information allowing the health professional conducting the evaluation to communicate the following information with the Vice Chancellor for Student Affairs or designee: date(s) of evaluation, assessment of current functioning and risk of harm to, recommendations, including possible accommodations to ameliorate risk. Decisions based on the evaluation data may include a student's continuation at the college without restrictions, continuation at the college pending the student meeting certain conditions (e.g., use of accommodation arrangements, periodic re-evaluation), or withdrawal from the University. A student who fails to complete the evaluation in accordance with these policies and procedures, including providing the required authorization to release personal health information, may be suspended on an interim basis, referred for conduct action, or both.
The Vice Chancellor for Student Affairs or designee may place a student on temporary suspension(Part IX) where it is reasonable to believe that a direct threat to the health or safety of others exists and is currently proceeding through a referral for evaluation. Students suspended under this provision will be notified in writing by confirmed personal delivery, and will also be given a copy of these policies and procedures. Refer to Part IX of the Code of Student Conduct regarding the conduct process and Temporary Suspension guidelines).
Involuntary Health Withdrawal
If the evaluation of an approved, licensed health professional supports an involuntary health withdrawal, a hearing will be scheduled before the Vice Chancellor for Student Affairs or designee. The student will be informed, in writing, of the time, date and place, and will be apprised of the conclusions reached by the health professional prior to the hearing. All hearing guidelines and student’s rights are outlined in Part IX of the Code of student Conduct.
A student seeking readmission who has been involuntarily withdrawn must reapply, and may not re-enter the University without providing competent professional evidence that any health condition that poses a direct threat no longer exists, or is sufficiently under treatment so as to remove any substantial likelihood of reoccurrence of the situation that caused the health withdrawal.
An involuntary health withdrawal is not considered a conduct action, though a prior involuntary withdrawal may be considered in subsequent conduct hearings involving the student, dependent upon the circumstances of subsequent conduct charges.
Support at Hearings
The student subject to either a temporary suspension, educational hearing per code of student conduct, or involuntary health withdrawal hearing may be assisted in the hearing by an individual who serves as an advocate and support. The student will be expected to speak for him or herself whenever possible.
Readmission Procedures and Appeals
A student who has been temporarily suspended or subject to an involuntary health withdrawal must request readmission from the Vice Chancellor for Student Affairs at least four (4) weeks prior to the first day of classes of the semester or summer session in which the student wishes to re-enroll. The student will be required to submit all necessary and required to show that any health condition that posed a direct threat no longer exists or or is sufficiently under treatment so as to remove any substantial likelihood of reoccurrence of the situation that caused the health withdrawal.
The Vice Chancellor for Student Affairs shall evaluate the student’s request and supporting evidence and will review all information from the involuntary health withdrawal and/or temporary suspension process and information from the licensed mental health professional. If the Vice Chancellor for Student Affairs grants approval for the removal of the registration hold, the student must then complete the regular University readmission procedures.
If the Vice Chancellor for Student Affairs does not grant approval for readmission, the student may appeal that decision to the Chancellor. The appeal must be made, in writing, within ten (10) University working days of the date the student was notified by the Vice Chancellor for Student Affairs that the student’s request for admission was denied.
The Vice Chancellor for Student Affairs will inform the student that he or she is entitled to a meeting with the Chancellor. This hearing shall be held within ten (10) University working days if possible. The hearing will be conducted by the Chancellor or designated University official. Following the hearing, the Chancellor shall either sustain the decision of the Vice Chancellor for Student Affairs, or shall overrule the decision and allow the student to re-enroll at the University. The Chancellor shall notify all parties of this decision, in writing, within five (5) University working days following completion of the hearing.