Involuntary Leave of Absence Policy

Policy Statement

Requiring a student to take a leave of absence is rare and only happens when current medical knowledge and/or best available evidence indicates to the University that there is a significant risk to the student’s health or safety, or the health or safety of others in the community, or the student’s behavior severely disrupts the University environment, where no reasonable accommodations can adequately reduce that risk or disruption.

Policy Elaboration

SUNY Oneonta offers a range of resources, support services, and accommodations to address the physical and mental health needs of students. However, on rare occasions, a student’s needs may require a level of care that exceeds the care that the institution can appropriately provide. Where current knowledge about the individual’s medical condition and/or the best available objective evidence indicates that a student poses a significant risk to their own safety not based on mere speculation, stereotypes, or generalizations, or the health and safety of others in the community, or where a student’s behavior severely disrupts the University environment and the student does not take a voluntary leave of absence, the Vice President for Student Affairs (VPSA) or designee(s) has the authority to place a student on an involuntary leave of absence, after appropriate procedural due process has occurred according to this policy.

Before placing any student on an involuntary leave of absence, the University will conduct an individualized assessment, consulting with the office of Accessibility Resources to determine if there are reasonable accommodations that would permit the student to continue to participate in the University environment without taking a leave of absence.

Consistent with SUNY’s Nondiscrimination Policy, SUNY prohibits unlawful discrimination on the basis of any type of disability or any other characteristic protected by applicable Federal and/or State law in the administration of SUNY’s programs and activities.

The VPSA or designee(s) may be notified about a student who may meet the criteria for an involuntary leave of absence from a variety of sources, including, but not limited to, the student, the student’s academic advisor, Residential Experience and Housing staff, an academic department, or a member of the University’s Behavioral Assessment/ Intervention Team (BAIT). If the VPSA or designee(s) deems it appropriate, the procedures under this policy can be initiated.

Procedures

I. Process for Placing a Student on an Involuntary Leave of Absence

1. The VPSA or designee(s) will consult with the office of Accessibility Resources prior to making a decision to impose an involuntary leave of absence.
2. The VPSA or designee(s) will issue a notice to the student in writing that an involuntary leave of absence is under consideration. The written notice will include the reason(s) why the student is being considered for an involuntary leave of absence, contact information for the office of Accessibility Resources, and a copy of this policy. The notice will also provide contact information for a neutral or impartial advisor outside of the decision-making process under this policy, with knowledge of the process who will serve as a resource to answer any student questions. The Advisor will work with the student throughout the involuntary leave of absence process and any appeals. If a student utilizes an Advisor as part of this process, the Advisor cannot speak for the student and all administrative procedural rules apply. The student is responsible for self-advocacy and consults with the Advisor.
3. To the extent required by applicable law, the VPSA or designee(s) must consider potential reasonable accommodations and/or modifications that could eliminate the necessity for an involuntary leave of absence. These may include, without limitation, a voluntary leave of absence and/or academic/ housing/ dining accommodation(s). The University must document all such considerations, accommodations, and related decisions.
4. The student may be asked to execute an Exchange of Confidential Information Consent Form providing certain University personnel with temporary authority to obtain information from the student’s health care provider(s) regarding issues relevant and appropriate to the consideration of an involuntary leave of absence when there is a need for the University to have access to that information as part of the interactive process and individualized assessment. Any direct communication with a student’s medical provider shall be done through the appropriate medical office on campus, which will relay that information to the designee(s) responsible for assessing all information regarding a potential involuntary leave of absence. Access to these records, if the University is given authority, shall be limited to personnel directly involved in the deliberation and decision-making process under this policy. If a student refuses to execute this document or to respond within the timeframe set by the VPSA or designee(s), the VPSA or designee(s) may proceed with assessment based on the information available at that time.
5. The VPSA or designee(s) may also confer, as feasible and when appropriate depending upon the matter, with individuals regarding the need for an involuntary leave of absence. Each case may vary, but conferring individuals can include:

   1. Representatives from the Behavioral Assessment/ Intervention Team (BAIT);

   2. Representatives from Residential Experience and Housing;

   3. Faculty members;

   4. Academic advisors;

   5. Representatives from the Health Center;

   6. Representatives from the Counseling Center;

   7. The student’s treatment provider(s) or other health care professionals; and/or

   8. Other individuals who may be appropriate in an individual matter.

6. When evaluating whether an involuntary leave of absence is appropriate, the University will consider specific criteria, such as:

   1. Whether current knowledge about the individual’s medical condition and/or the best available objective evidence indicates that a student poses a significant risk to the health or safety of a member of the Campus community;

   2. Whether a student is unable or unwilling to carry out substantial self-care obligations and poses a significant risk to their own safety, not based on mere speculation, stereotypes, or generalizations; and/or

   3. Whether a student’s behavior severely disrupts the Campus environment.

   4. The individualized assessment for each factor, based on reasonable judgment that relies on current medical knowledge to the extent that information is available, or the best available objective evidence, should capture:

   5. the nature, duration, and severity of the risk or disruption;

   6. the probability that the risk or disruption will actually occur; and

   7. whether reasonable modifications of policies, practices, or procedures will appropriately mitigate risk or disruption, thereby eliminating the need for an involuntary leave of absence.

7. The VPSA or designee(s) will give significant weight to the opinion of the student’s treatment provider(s) identified by the student (with appropriate authorization) regarding the student’s ability to function academically and safely at the campus with or without reasonable accommodations. If the VPSA or designee(s) determines that the information provided by the treatment provider(s) is incomplete, requires further explanation or clarification, or is inconsistent with the other information in the student’s record, the VPSA or designee(s) (with appropriate authorization) may contact the treatment provider(s) to obtain additional information. In certain circumstances, the University may request the student to undergo an additional evaluation by an independent and objective professional designated by the University, if the VPSA or designee(s) believes it will facilitate a more informed decision. The University should appropriately document the reasoning for such a decision, if warranted.
8. Following the VPSA or designee(s)’ consultations and review of the relevant documentation and information available, the VPSA or designee(s) shall make a decision regarding whether the student should be placed on an involuntary leave of absence, and shall provide written notice of the decision to the student. This written notice of decision shall include information about the student’s right to appeal the decision and information about reasonable accommodations available during the appeal process.
9. In emergency situations involving an imminent threat of harm to the student or any other member of the Campus community, the VPSA or designee(s), in the exercise of reasonable judgment, may require a student to be immediately prohibited from entering the campus or facilities utilized for University programs or activities while such individualized assessment and review under this policy is taking place. Such students shall receive written notice to this effect as quickly as possible and/or practicable. While this individualized assessment and review is being conducted, every effort shall be made by the VPSA or designee(s) to reach a decision within seven (7) calendar days, provided that the student responds in a timely manner to requests for information, and if appropriate, evaluation. If there are delays, the University shall document the reason for such delays in writing.

II. Decisions on Involuntary Leaves of Absence

1. If an Involuntary Leave of Absence is Imposed: The written notice of any decision concerning the student shall set forth the basis for the decision; a timeframe for when the student must leave the University; the student’s right to appeal the decision; and information about reasonable accommodations available during the appeal process. This notice shall also set forth when the student may be eligible to return to the University and the conditions and/or requirements the student will need to satisfy to be eligible for return. This written notice shall also inform the student of their right to reasonable accommodations in the return process and will provide contact information for the office of Accessibility Resources. The length of the student’s leave will be determined on an individualized basis. The student’s Advisor shall be copied on all notices concerning all decisions related to the student if the student so designates and consents.
2. If An Involuntary Leave of Absence is Not Imposed: The VPSA or designee(s) may impose conditions and/or requirements under which the student is allowed to remain at the University using the least restrictive appropriate means possible.

III. Appeals

1. Within seven (7) calendar days of receiving the written notice of a decision from the VPSA or designee(s), the student may submit an appeal of the decision in writing. The appeal shall be heard by a three (3) person Board of Appeals. The decisionmaker who imposes an involuntary leave of absence shall not hear appeals or render decisions on appeals. The individuals chosen to oversee appeals cannot have been involved in the original decision-making process. The written request for appeal must specify the particular substantive and/or procedural basis for the appeal, and must be made on grounds other than general dissatisfaction with the decision of the VPSA or designee(s). While the appeal is pending and being heard by the Board of Appeals, the original decision will remain in place. All appeals decisions will be issued within seven (7) calendar days of submission.
2. The criteria for appeal will be limited to the following:

   1. Disproportionate Findings or New Information: if there is any information not previously considered that would allow the student to remain with a reasonable accommodation or if there is any new information not previously available to the student that may change the outcome of the decision-making process;

   2. Procedural irregularities: if there were any procedural irregularities that materially affected the outcome of the matter to the detriment of the student who appealed the decision.

3. 3. After reviewing the matter fully, the Board of Appeals will issue a written decision affirming, modifying, or reversing the decision to place the student on an involuntary leave of absence. The Board of Appeals’ decision shall be final, and no other appeals or grievance procedures are available at the University level.

IV. Implications of an Involuntary Leave of Absence

1. Student status: Students on a leave of absence generally retain their admitted student status during the period of the student’s leave based on the University’s enrollment policies; however, they are not registered and therefore, do not have the rights and privileges of registered students.
2. Housing: Consistent with University policies and procedures, students assigned to a campus residence are subject to the terms and conditions of the Residence Housing License. Students who leave the University before the end of a term may be eligible to receive refunds of portions of their housing charges, per SUNY Policy. Information regarding eligibility criteria are for housing refunds for students can be found within the refund guidelines.
3. Effective date(s) of leave: A student must leave the campus within the timeframe set forth by the VPSA or designee(s) or Board of Appeals, as applicable, in the decision to impose an involuntary leave of absence. The leave will remain in effect until:

   1. The VPSA or designee(s) has determined after an individualized assessment the parameters of which shall be set forth in the written decision of the VPSA or designee(s) or the Board of Appeals, as applicable, that the student is able to return to the University with or without reasonable accommodations, and

   2. The student has complied with any University requirements applicable to all students returning from a leave and all conditions mandated by the VPSA or designee(s) or Board of Appeals, as applicable.

   3. Students are not permitted to return mid-semester if placed on a leave of absence. During the last semester of a student leave of absence, and if the student has completed all necessary requirements, the student will have the opportunity to register for the following semester online. The student will be assigned a registration day/time and will receive an email informing them where they can log in to view the assigned day/time. The online Academic Calendar provides an outline of the current and upcoming semesters as well as links to key dates and deadlines. The Schedule of Classes is available online for all individuals. Students should contact the Registrar’s Office at (607) 436-2531 if they need to reset their PIN.
4. Notification: At any time while the student is on leave, the VPSA or designee(s) may notify a student’s parent, guardian, emergency contact, or other individual, consistent with the law, if notification is deemed appropriate under the circumstances.
5. Association with the Campus while on leave: Unless expressly permitted by the VPSA or designee(s) in writing, or Board of Appeals, as applicable, students on an involuntary leave of absence are not permitted to be present at the University and are not permitted to engage in any University-related activities, including on-campus and/or remote employment opportunities.
6. Coursework taken while on leave: Consistent with the University’s policies and procedures, academic credit for work done elsewhere may be allowed toward a University degree. However, students must consult with the Registrar’s Office and their academic department prior to taking any coursework while on an involuntary leave of absence.
7. Access to Student Accounts while on leave: Unless expressly prohibited in writing by the VPSA or designee(s), students on leave generally may retain their student ID number privileges including their Campus email account. Note: This is not to be confused with the physical ID card, which may be retained by the student but will be inactive during the period of absence.
8. Refund Information: Consistent with SUNY’s and the University’s policies and procedures, students who leave the University before the end of a term may be eligible to receive refunds of portions of their fees. See the refund guidelines for a schedule of refunds.
9. Financial Aid: An involuntary leave of absence decision may have an effect on a student's financial aid. If a student is placed on an involuntary leave of absence, the student may contact their financial aid advisor to discuss the impact of an involuntary leave of absence on their financial aid.
10. Visa Status: International students (F-1 and J-1 Visa holders) placed on an involuntary leave of absence must speak with the appropriate person at the office of Global Education regarding their Visa status and the effect an involuntary leave of absence may have on that status.

V. Request for Return

1. In addition to the general requirements all students must meet when returning to the University after a leave of absence, as well as any conditions imposed by the VPSA or designee(s) or Board of Appeals, as applicable, for return from an involuntary leave of absence as outlined in the decision, students seeking to return from an involuntary leave of absence imposed for reasons of personal or community health and safety may be required to submit additional documentation related to the factors set forth in Section I.6 as part of an individualized assessment. The office of Accessibility Resources will work with students to provide reasonable accommodations in the return process as appropriate.
2. A student must make a written request to the VPSA or designee(s) to return to the University. Generally, a student shall not be allowed to return until one full semester has elapsed or until the leave period in the involuntary leave of absence notification has elapsed, and all conditions and/or requirements have been met.
3. The VPSA or designee(s) may require the student to provide evidence that the student, with or without reasonable accommodations, has sufficiently addressed the issues that previously established the criteria for imposing an involuntary leave of absence as set forth in Section I.6, above. The VPSA or designee(s) may also ask, confer with, or seek information from others to assist in making this determination. The information sought may include:

   1. At the student’s discretion, documentation of efforts by the student to address the issues that led to the leave;

   2. Release of academic records to inform treating clinicians (with appropriate authorization);

   3. Release of treatment information to the extent necessary to determine if the student has sufficiently reduced the risk or disruption that led to the leave (with appropriate authorization);

   4. Consultation with the University’s Health Center and/or Counseling Center to the extent necessary to determine if the student has sufficiently reduced the risk or disruption that led to the leave (with appropriate authorization); and/or

   5. Consultation with the University’s office for Accessibility Resources.

4. All returning students must meet the essential eligibility requirements and any technical standards of the University and, if applicable, the relevant school or department, with or without reasonable accommodations. If the VPSA or designee(s) determines that the student is ready to return to the University, the student will be notified in writing of the decision, including the reason for the decision, within a reasonable time after the student has submitted a request for return and required documentation per this policy.
5. A student not permitted to return may appeal the decision to the Board of Appeals under this policy, following the procedures in Section III.
6. If the student does not intend to return following an involuntary leave of absence, the student must contact the Student Affairs Office in writing to withdraw from the university. Students who do not withdraw from the university will be administratively withdrawn. All students who have withdrawn or have been administratively withdrawn must apply for re-admission. Readmission cannot be guaranteed.

VI. Scope of the Policy and Relationship to Other University Policies

A leave of absence is an administrative process; it is not a disciplinary process.

This policy is not intended to be punitive and does not take the place of disciplinary actions that are in response to violations of the Student Code of Conduct, or other policies and directives, nor does it preclude the removal or dismissal of students from the University or University-related programs as a result of violations of other University policies or school or department protocols.

This policy does not limit the University’s ability to place enrollment holds on students for reasons beyond the scope of this policy.

This policy does not relieve a student of any financial obligations to the University that were incurred prior to the time the involuntary leave of absence was imposed. If a student is placed on an involuntary leave of absence, that student’s financial aid advisor will reach out to the student to discuss if there might be an affect on the student’s financial aid, including returning aid, outstanding balances, potential affects on future aid, and any affects on the New York State Tuition Assistance Program (TAP), the Excelsior Scholarship Program, and any other scholarship, if applicable.

Nothing in this policy limits the power of the University to take administrative action to ensure the safety of the University community in accordance with all appropriate laws and policies.

Nothing in this policy prevents the University from engaging in a temporary suspension under its policies if necessary under the circumstances. Any such cases shall be appropriately reviewed per University policy.

The University is required to abide by the Family Educational Rights and Privacy Act (FERPA) and comply with its requirements regarding student privacy.

Nothing in this policy prevents the University from following the Rules of Maintenance of Public Order, as necessary.

VII. Requests for Reasonable Accommodations

SUNY Oneonta is committed to providing equal access to all participants in University processes, including students with disabilities. Students with disabilities should contact the office of Accessibility Resources to request accommodations.

Contacts

Division of Student Affairs

607-436-2513

studentaffairs@oneonta.edu

Related Documents/Policies

SUNY Involuntary Leave of Absence for Students Policy