Student Involuntary Protective Withdrawal Policy

I.  Purpose and Introduction

The University is committed to fostering an environment that promotes education, research, service, and safety for all members of its community. University officials may become aware of a student who has a medical or psychological condition and, as a result of the condition, presents a direct threat to the health or safety of others, or poses an elevated risk to their own safety.

In such situations, the safety and security of the University community is paramount.  Accordingly, University officials may consider the appropriateness of reasonable health and safety measures including, but not limited to, requesting emergency assistance and seeking involuntary examination, hospitalization, and treatment for mental health conditions as appropriate under the law. Additionally, the University may determine that it is necessary for the student to be involuntarily withdrawn from the University for the protection of the student and/or University community. Such withdrawal must be conducted according to the standards described in this Policy.

This Policy will be applied in a nondiscriminatory manner consistent with applicable federal and state laws prohibiting discrimination based on disability, and with University Policy 501, Nondiscrimination.

II. Standard for Involuntary Protective Withdrawal

An involuntary protective withdrawal should not be used unless the student poses a direct threat or elevated risk as defined below. The involuntary protective withdrawal process should be initiated only after attempts to secure voluntary cooperation for a psychological evaluation or withdrawal have been exhausted, or if the student refuses to agree or adhere to reasonable conditions established for their continued enrollment in the University.

A student will be subject to involuntary protective withdrawal if the Coordinator (Director of Threat Assessment and Management or designee), in consultation with the representatives of the Behavioral Assessment and Intervention Team (hereinafter “Team”), as outlined in University Policy 720, Threat Assessment and Management, concludes that the student has a medical and/or mental health conditions and, as a result of the condition, and not based on mere speculation, stereotypes, or generalizations about individuals with disabilities, poses a direct threat to the health or safety of others, or an elevated risk to their own safety. An elevated risk to a student’s own safety may include situations in which the student is unable or unwilling to carry out substantial self-care obligations, or the student has health needs requiring a level of care that exceeds what the University can appropriately provide. In making this determination, the Coordinator, in consultation with the Team, will make an individualized assessment, based on reasonable judgment that relies on current medical knowledge, or on the best available objective evidence, to ascertain:

• The nature of the risk;
• The duration of the risk;
• The severity of the risk; 
• The probability that the potential injury will actually occur;
• Whether reasonable modifications of policies, practices, procedures, or the provision of auxiliary aids or services will mitigate the risk; and
• Whether the risk can be sufficiently mitigated without causing substantial disruption to University operations.

III. Reports of Student Behavioral Concerns

Any person, who has reason to believe that a UNC Charlotte student may possibly meet the standard for involuntary protective withdrawal described in Section II above is encouraged to make a report (hereinafter “Report”) to the Coordinator via UNC Charlotte’s online reporting mechanism or by contacting the Coordinator. Once a Report is submitted and escalated to the Coordinator, the Coordinator should conduct a preliminary assessment and determine which of the following courses of action is appropriate:

A. Emergency Interim Protective Withdrawal
The Coordinator may implement an emergency interim protective withdrawal at any time if, based on the Report or other information, it is determined that the student has a medical and/or mental health condition and there exists a direct threat or elevated risk as described in Section II above. A student placed under emergency interim protective withdrawal is prohibited from attending classes and from living in University housing. In addition, the University may issue an Order to Leave and not Return (commonly referred to as a trespass) to a student from campus or from any portion of campus, if the University believes that an Order is warranted given the circumstances.

The Coordinator will provide to any student, subject to emergency interim protective withdrawal, Notice of such status pursuant to Section XIII below, and give the student an opportunity to meet within two (2) business days from the effective date of the emergency interim protective withdrawal in order to discuss: (a) the reliability of the information in the Report concerning the student’s behavior, and (b) whether there exists a direct threat or elevated risk as described in Section II above.

Based on this discussion, the Coordinator will make a determination about whether to terminate the emergency interim protective withdrawal. If the Coordinator terminates the emergency interim protective withdrawal, the Coordinator may still initiate the involuntary protective withdrawal process in accordance with Section IV below. If the Coordinator continues the emergency interim protective withdrawal, the Coordinator will initiate the involuntary protective withdrawal process in accordance with Section IV below, and the emergency interim protective withdrawal will remain in effect until the involuntary protective withdrawal process has been completed or the student voluntarily withdraws, under this Policy.

If the student fails to schedule or attend the meeting described in this section within two (2) business days of the date of the Notice, the Coordinator may schedule a hearing based on the available evidence in accordance with Section X below.

B. Sufficient Evidence of Meeting the Standard for Involuntary Protective Withdrawal
If, in the Coordinator’s judgment, the student meets the standard for involuntary protective withdrawal, but does not require emergency interim protective withdrawal, the Coordinator may initiate the involuntary withdrawal process by holding the meeting described in Section IV below.

C. Insufficient Evidence of Meeting the Standard for Involuntary Protective Withdrawal
If, in the Coordinator’s judgment, the student does not meet the standard for involuntary protective withdrawal, the involuntary withdrawal process will not be initiated, and the Coordinator may take any other action deemed appropriate, including, but not limited to, recommending that the student seek treatment and/or referring the matter to the Team.

IV.  Meeting with Student

If at any time the Coordinator determines that a student may meet the standard for involuntary protective withdrawal, the Coordinator will provide to the student Notice of an opportunity to meet so that the Coordinator can:

• describe the Report, if any;
• explain this Policy and provide the student with a copy of it; and
• inform the student that they must meet with a designated medical and/or mental health professional for an evaluation.

For any student subject to emergency interim protective withdrawal, the meeting described in this section should be held concurrently with the meeting described in Section III.A.  If a student not subject to emergency interim protective withdrawal fails to respond to the Notice of the meeting described in this section within two (2) business days of the date of the Notice, or fails to attend a meeting with the Coordinator within five (5) business days of the date of the Notice, the Coordinator may schedule a hearing based on the available evidence in accordance with Section IX below.

V.  Evaluation by Health Professional

A. Evaluation by Mental Health Professional

When the Coordinator requires that the student meet with a mental health professional as set forth in Section IV above, the Coordinator will select an appropriate mental health professional (licensed psychiatrist or psychologist) to evaluate the student and will notify the student of the time and place of the evaluation. The University will bear the cost of the evaluation.

The Coordinator will inform the student that after the student meets with the mental health professional, the mental health professional will provide the results of the evaluation to the Coordinator. The student (or, in the case of a minor student, the student’s parent or legal guardian) will be asked to sign a release authorizing the evaluator to discuss the evaluation with the Coordinator.

The mental health evaluations are not binding on the Coordinator or the University. If a student refuses to undergo an evaluation, does not attend the evaluation at the time it is scheduled, or refuses to provide a release authorizing the evaluator to discuss the evaluation with the Coordinator, a hearing based on the available evidence may be scheduled in accordance with Section IX below.

B. Evaluation by Medical Health Professional

When the Coordinator requires that the student meet with a medical health professional as set forth in Section IV above, the Coordinator will select an appropriate type of medical health professional to evaluate the student. The student may be permitted to provide historical documentation from the provider or University may require a new evaluation.The student (or, in the case of a minor student, the student’s parent or legal guardian) will be asked to sign a release authorizing the evaluator to discuss the evaluation with the Coordinator.

The medical health evaluations are not binding on the Coordinator or the University. If a student refuses to undergo an evaluation or refuses to provide a release authorizing the evaluator to discuss the evaluation with the Coordinator, a hearing based on the available evidence may be scheduled in accordance with Section IX below.

VI.  Consultation with Behavioral Assessment and Intervention Team

Upon receipt of the medical and/or mental health evaluation, the Coordinator may arrange a meeting with the Team to review the evaluation.

If, after consultation with the Team, the Coordinator determines that the available evidence, including the medical and/or mental health evaluation, indicates that the student does not meet the standard for involuntary protective withdrawal set forth in Section II above, the Coordinator may terminate the involuntary protective withdrawal process.  The Coordinator may also take any other action deemed appropriate, including, but not limited to, recommending that the student seek treatment and/or referring the matter to the Team for case management.

If, after consultation with the Campus Behavioral Intervention Team, the Coordinator determines that the available evidence, including the medical and/or mental health evaluation, indicates that the student does meet the standard for involuntary protective withdrawal, the Coordinator will attempt to arrange a meeting with the student to discuss such determination as set forth in Section IX below by providing the student Notice of an opportunity to meet.

VII. Meeting with Student to Review Coordinator’s Determination

If the Coordinator is successful in arranging a meeting with the student to discuss the Coordinator’s determination that the student meets the standard for involuntary protective withdrawal, at that meeting the Coordinator will notify the student of their right to a hearing before a Hearing Panel, but will also offer the student the opportunity to waive the hearing and agree to a voluntary withdrawal pursuant to Section X below.

If the student does not request to voluntarily withdraw within two (2) business days of the meeting with the Coordinator, the Coordinator may schedule a hearing with the Hearing Panel in accordance with Section IX below.

If the student fails to attend the meeting described in this section within two (2) business days of the date of the Notice of the meeting, the Coordinator may schedule a hearing based on the available evidence in accordance with Section IX below.

VIII. Agreement with Student

The Coordinator may, in their discretion at any point in this process, permit a student, including a student who meets the standard for involuntary protective withdrawal, to remain enrolled on a conditional basis under specified conditions which may include, but are not limited to, participation in an ongoing treatment program, acceptance of and compliance with a behavioral contract, a housing relocation, or a lighter academic course load.  When making their determination of appropriate conditions, the Coordinator may consult on an informal basis with faculty, the Counseling Center, Housing and Residence Life staff, and other University personnel. The terms of such continued enrollment will be set forth in a written agreement, and the Coordinator will provide the student with sufficient opportunity to review and consider such terms, but in any case, not fewer than two (2) business days. If the student agrees to accept the terms of the proposed Agreement within a reasonable period of time, the student (or, in the case of a minor student, the student’s parent or legal guardian) must sign the Agreement. The Coordinator will retain the Agreement and provide a copy of the Agreement to the student.

IX.  Protective Withdrawal Hearing

A. Closed to Public

The hearing will be closed to the public, and the testimony and other evidence presented will be kept confidential pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g, and implementing regulations of the U.S. Department of Education, 34 C.F.R., Part 99.

B. Evidence

At the hearing, the Coordinator will provide the Hearing Panel all evidence relevant to whether the student is subject to involuntary protective withdrawal under the standard set forth in Section II above. The evidence may include witnesses, written reports, documents or written statements, and must include the medical and/or mental health professional’s written evaluation, if available.

Formal legal rules of evidence will not apply at the hearing. However, the chair of the Hearing Panel may exclude evidence that, in their discretion, is not relevant or is cumulative.

C. Witness Testimony

Depending on the facts and circumstances of each case, the Coordinator may obtain witness statements or testimony from individuals with relevant information whose input would be helpful to the Hearing Panel. The Hearing Panel may also request such testimony or evidence. The members of the Hearing Panel may also ask questions of the witness. The Hearing Panel may exclude prospective witnesses other than the student during the testimony of any witnesses.

The student and any witness at the hearing are required to provide truthful information. Furnishing untruthful information, or failing to appear after an appropriate request, may subject the student, an employee, or a student witness to disciplinary action.

D. Rights of the Student

The student’s rights at the hearing will include the following:

1. The right to be present unless the student disrupts the hearing.
2. The right to be given notice of the Hearing which includes documentary information that will be presented, provided that the information may be available only in a redacted format;
3. The right to present relevant information, respond to presented information, and answer questions from the Hearing Panel.
4. The right to request the attendance of witnesses at the hearing.
5. The right to question all witnesses at the hearing and to comment upon all documents presented. Written statements by a witness in lieu of appearance and testimony at the hearing may be admitted into evidence if the witness is unavailable. For a witness to be considered unavailable, it must be clearly demonstrated that the witness’s attendance would result in significant and unavoidable personal hardship or substantial interference with normal University activities. A witness’s desire to avoid being asked questions may not be used to demonstrate “personal hardship”.
6. The right to be accompanied by an advisor or an attorney, at their own expense. The role of an advisor or attorney is limited to conferring with and advising the student. The advisor or attorney is not permitted to argue, make statements, or question witnesses, but may respond to questions, if asked by Hearing Panel members to do so. The student may also bring up to two support people to the hearing. Such support people are not permitted to argue, make statements, question witnesses, or otherwise represent the student unless such individual member is serving as the advisor or attorney.

E. Audio
The audio of the hearing will be recorded by the University, and the audio recording will be made available to the Hearing Panel, the student (upon written request), the Coordinator, the Vice Chancellor for Student Affairs, and to any decision-maker involved in an appeal.  Any other recording of the hearing is strictly prohibited.  The audio recording will be preserved as set forth in the University’s record retention schedule.

F. Outcome of the Hearing

a. The Recommendation of the Hearing Panel

Within two (2) business days of the conclusion of the hearing, the Hearing Panel will make a recommendation to the Vice Chancellor for Student Affairs as to whether the student meets the standard for involuntary protective withdrawal as set forth in Section II above. The Hearing Panel will base its recommendation on evidence presented at the hearing. The agreement of at least two (2) Hearing Panel members will be required to recommend to the Vice Chancellor for Student Affairs that a student be withdrawn under this Policy.

If the Hearing Panel concludes that the student does not meet the    standard for involuntary protective withdrawal, the Hearing Panel chair will inform the Vice Chancellor for Student Affairs in writing.

If the Hearing Panel concludes that the student does meet the standard for involuntary protective withdrawal, the Hearing Panel must state in a written recommendation that will include its reasoning for this conclusion. This written recommendation will be provided to the Vice Chancellor for Student Affairs.

b. The Decision of the Vice Chancellor for Student Affairs

Upon receipt of the Hearing Panel’s recommendation, the Vice Chancellor for Student Affairs will fully review the recommendation and consider it in making a final determination about whether the student meets the standard for involuntary protective withdrawal set forth in Section II above.

If the Vice Chancellor determines that the student does not meet the standard for involuntary protective withdrawal, the Vice Chancellor will provide the student Notice of the decision in writing and coordinate with the Coordinator to terminate the involuntary protective withdrawal process.

If the Vice Chancellor determines that the student does meet the standard for involuntary protective withdrawal, the Vice Chancellor will, within five (5) business days after receiving the Hearing Panel’s written recommendation, will provide the student Notice of the decision in writing, providing a copy to the Coordinator, and of the terms of the involuntary protective withdrawal, including the process for readmission. Upon delivery of the decision, the Coordinator will work with all relevant University personnel to coordinate the withdrawal of the student.

c. Appeal to the Chancellor

Within ten (10) business days from delivery of the Notice of decision from the Vice Chancellor for Student Affairs, the student may submit a written appeal of the decision to the Chancellor. The decision of the Vice Chancellor will remain in effect while an appeal is pending. The appeal must separately state each ground upon which the student claims that there were procedural errors, or for which the evidence does not support the Vice Chancellor’s conclusions, and must set forth the student’s evidence and arguments in support of such claims. The Chancellor’s review will be limited to a determination of whether the proper procedures were followed and/or whether the Vice Chancellor’s decision is supported by any evidence. Failure to submit a timely written appeal will make the decision of the Vice Chancellor final and conclusive.

Within ten (10) business days of receiving the appeal, the Chancellor will inform the student of their decision in writing, providing a copy to the Vice Chancellor of Student Affairs and the Coordinator. The Chancellor may (a) affirm the Vice Chancellor’s decision, (b) send the matter back to the Vice Chancellor for further review, (c) affirm the Vice Chancellor’s findings but alter the disposition from withdrawal to conditional enrollment under specified conditions, or (d) reverse the Vice Chancellor’s decision and reinstate the student. There will be no appeal beyond the Chancellor.

X. Voluntary Withdrawal

At any point in the process, the student may request a voluntary withdrawal. This request must be made to the Coordinator in writing. If the request is granted, the involuntary protective withdrawal process will cease. A voluntary protective withdrawal does not terminate any pending disciplinary action. If the student’s request for a voluntary withdrawal is granted, the student will be subject to the readmission requirements process described in Section XI below.

XI. Readmission

A student who is involuntarily withdrawn, or chooses to voluntary withdraw as set forth in Section X above, may not re-enroll or be readmitted to the University before the start of the next term. In addition, the Coordinator, in consultation with the Team, must approve the student’s request to reapply before the student can start the re-enrollment process with the Registrar’s Office. Approval may be granted only if the Coordinator determines, in their professional judgment, that the conditions that led to the withdrawal are no longer present. The Coordinator may require any documentation or evaluation that they deem necessary and may consult with the Team.

The student is not entitled to a hearing on the reapplication determination, and re-enrollment or readmission is also contingent upon the student meeting any admission or enrollment requirements of the University, and of the school or college in which they wish to enroll.

XII. Students Studying Abroad

University students studying abroad are subject to and will be afforded all rights pursuant to this Policy, with the understanding that reasonable adjustments may be necessary to accommodate cultural, language, time differences, and to allow for the distance between the study abroad site and the University. Such adjustments may include, but are not limited to, the substitution of an on-site advisor in the role of the Coordinator, where deemed appropriate, and the engagement of an on-site medical and/or mental health professional to conduct any requisite evaluations. In addition to being subject to this Policy, University students who are studying abroad with another host institution may be subject to the involuntary withdrawal or similar policies of that institution.

XIII. Notice

Any Notice referenced in this Policy will be delivered to the student by one of the following methods: first-class mail; certified mail; return receipt requested; hand delivery; electronic mail to the student’s University email account, or in person, and it will become effective immediately upon deposit in the mail, the date sent by electronic mail or, in the case of hand delivery, upon receipt by the student.

XIV. Records and Fees

1. The University will maintain pertinent records related to each case in accordance with the UNC System Records Retention Schedule. Access to these records is governed by applicable state and federal laws. Certain exceptions to the confidentiality requirements of FERPA apply, as set forth in University Policy 402, Student Records.
   
2. The policies and procedures for academic and financial obligations, as described in appropriate University policies and catalogs, will apply to students who withdraw, voluntarily or involuntarily, under this Policy. For graduate students, determinations about fellowship or grant refunds, as well as determinations about how withdrawal under this Policy affects time credits towards doctoral work, will be managed on a case-by-case basis.

Related Resources

• University Policy 402, Student Records
• Family Educational Rights and Privacy Act (FERPA)
• UNC Charlotte Academic Policy: Withdrawals (Undergraduate Students)
• Incident Report Form

Authority

Chancellor

Policy Revisions