Involuntary Separation from the University Policy (University Initiated)
Definitions
Leave of Absence: a student is temporarily separated from the institution for a brief period of time either voluntarily or involuntarily.
Withdrawal: a voluntary decision by a student to terminate their enrollment. The student must re-apply before readmission. Readmission is not guaranteed.
Overview
Chaminade University of Honolulu prohibits discrimination in educational programs and activities on the basis of disability or any other characteristic protected by applicable law. The university provides a range of resources, support services, and accommodations for otherwise-qualified students experiencing medical, emotional, or mental health concerns with the goal of promoting their safe participation in the university’s educational program, including providing assistance to reduce disruptive behavior. The university will provide reasonable accommodations when properly requested and with appropriate documentation, as long as the accommodations do not require a fundamental alteration of the living or learning environment.
There may be situations that create significant and imminent risks and/or that require a level of support that exceeds what would be considered a reasonable accommodation. When current medical documentation and/or the best available objective evidence (not speculation, stereotypes, or generalizations) indicates that there is a significant risk to the safety, health, or well-being of the individual student or the university community, the Vice President for Student Affairs/Dean of Students, or their official designee, has the authority to initiate the process for an involuntary leave of absence.
As part of this process, the Vice President for Student Affairs/Dean of Students, or their official designee, will require an individualized, objective assessment to determine the nature of the risk and will consult with the appropriate university officials to determine if there are reasonable modifications/accommodations or the provision of auxiliary aids or services to reduce the risk and/or address the behavior while allowing the student to continue their academic progress. Students who engage in threats to others or self-injurious behaviors that cause a significant disruption to the community may also be subject to the Student Code of Conduct.
Procedure
1. Notice to Student
When the university acts under this policy, the student will be notified in writing of the behavior that may pose a significant risk to the safety, health, or well-being of the individual student or the university community. The Vice President for Student Affairs/Dean of Students or designee will issue written notice to the student that a university-initiated separation from the university is under consideration and that as part of the process they are required to participate in an objective and individualized assessment. The written notice will include:
The reason(s) for the consideration of an university-initiated leave,
Contact information for the Student Accessibility Services Department,
Specified time periods for response and compliance with the assessment,
Information related to the objective and individualized assessment, detailed in Procedure step two of this policy[TC9] , and
A copy of this policy.
2. Individualized Assessment
Determination of a significant risk to the individual or the university community requires an objective and individualized assessment. This assessment provides the university with an objective risk measurement as well as any reasonable modifications that would sufficiently mitigate the risk. The assessment must be based on reasonable professional judgment that relies on the most current knowledge and/or on the best available objective evidence. The Vice President for Student Affairs/Dean of Students or designee will also consult with the ADA Accommodations Department to determine if there are reasonable modifications/accommodations or the provision of auxiliary aids or services to reduce the risk and/or address the behavior while allowing the student to continue their academic progress.
In addition to any individualized assessment under this policy, the university will consider any opinions and recommendations of the student’s treating physician or mental health professional, if available, along with the opinions and recommendations of the healthcare professionals consulted by the university. The university will encourage the student to provide all information that the student believes is relevant to the determination. The university will respect the student’s privacy, and only expects the student to provide a medical release for access to the student’s medical and mental health records as reasonably necessary to complete the individualized assessment.
a. Self-Harm
In cases where the student is unable or unwilling to carry out self-care obligations necessary to participate in their required educational programs and activities and/or poses a significant risk to their own safety, a licensed mental health professional (e.g., licensed psychiatrist, licensed psychologist, licensed professional counselor, licensed clinical social worker) or another professional trained in conducting risk assessments, will conduct an assessment. The university will provide an Assessor to conduct this assessment; however, the student may choose their own Assessor, subject to university approval. This assessment will be used to make a determination that relies on objective evidence, rather than on speculation, stereotypes, or generalizations, about whether the student poses a significant safety risk to themselves based on the severity and likelihood of the potential harm.
b. Harm to Others
A violence risk assessment (VRA) will be conducted in cases where the student poses a potential physical threat to the university community. This assessment should be completed by a campus administrator or professional in the community who has been trained in conducting a VRA (e.g., the Structured Interview for Violence Risk Assessment (SIVRA)). The university will use this assessment to determine the risk and protective factors related to an individual’s likelihood of engaging in violence and whether a direct threat of harm to others exists. A direct threat constitutes a high probability of substantial harm, and will assess:
I. The duration of the risk;
II. The nature and severity of the potential harm;
III. The likelihood that the potential harm will occur; and
IV. The imminence of the potential harm.
Students subject to this policy will be notified in writing regarding the requirements for the mandated assessment. This written notice will include:
The required credentials for the assessor;
The required type of assessment;
The expected documents to be submitted as a result of the assessment; and,
The timeline for completing the assessment.
The university may require the student to sign a mutual release of information allowing the exchange of information between the university and the assessor. This release will allow the university to share relevant information from the student’s education record that would enhance the assessor’s ability to conduct a thorough assessment (e.g., incident reports, behavioral intervention team referrals and notes). The release will also allow the assessor to provide the results of the assessment to the university.
The assessment must be materially consistent with the direction of the referral letter including meeting the deadlines set forth and submitting the appropriate paperwork, unless the Vice President for Student Affairs/Dean of Students or designee grants an exception. A student who does not complete the assessment in accordance with these standards and procedures, and/or fails to give permission for a mutual exchange of information may be referred for conduct action for “failure to comply” under the Student Code of Conduct.
3. Assessment Review and Determination
The Vice President for Student Affairs/Dean of Students will review the results of the assessment to determine whether the student poses a legitimate safety risk to themselves or a direct threat to the safety, health, or well-being of others or the university community and whether reasonable modifications of policies, practices, or programs will sufficiently mitigate the risk and allow the student to safely participate in the university community without a leave of absence. This review will be conducted in consultation with the Student Accessibility Services Department.
The university will provide the student written notification addressing whether reasonable supports or accommodations may allow the student to meet academic requirements and university community responsibilities while maintaining a safe university environment.
The Vice President for Student Affairs/Dean of Students or designee may work with the student to establish voluntary conditions intended to help promote the student’s success/safety.
The student will also have the opportunity to review the assessment at least two (2) business days prior to any resolution of the issue.
4. Resolution Options
Informal Resolution
The Vice President for Student Affairs/Dean of Students or designee may invoke informal resolution procedures to determine the need for a university-initiated separation from the university without a formal hearing. This process is also known as an administrative hearing/conference. The university uses informal resolution when the student agrees to comply with the results of the assessment, as well as the university requirements. If the student does not agree to comply, does not complete the informal resolution process, requests formal resolution, and/or the Vice President for Student Affairs/Dean of Students or designee deems it appropriate, the university may invoke the formal resolution procedures at any time prior to final determination. The university official overseeing this process should ensure consistent documentation related to notice, requests, actions, and determinations related to the case.Formal Resolution
Formal Resolution consists of a formal hearing and a determination by the Vice President for Student Affairs/Dean of Students or designee. A formal hearing consists of a review of evidence the Vice President for Student Affairs/Dean of Students or designee deems relevant, including the Assessor’s report and attendant recommendations, related medical and other records, a student’s academic record, and testimony by and questioning of the student, as well as others the Vice President for Student Affairs/Dean of Students or designee deems relevant, such as the Assessor, medical personnel, university officials, etc.
a. Once the student requests, or the Vice President for Student Affairs/Dean of Students or designee determines that a formal hearing is necessary, the Vice President for Student Affairs/Dean of Students or designee will promptly schedule a formal hearing. The student will be informed, in writing electronically and/or through regular or certified delivery, of the time, date, and place of the hearing. The student may provide additional evidence and possible witnesses at least three business (3) days prior to a formal hearing. The student may be assisted by an advisor [of their choice] in the hearing, [but advisors are not typically allowed to speak for or formally represent the student during a formal hearing, unless the Vice President for Student Affairs/Dean of Students or designee grants an exception, such as in cases of incapacity.]
b. The Vice President for Student Affairs/Dean of Students or designee will exercise active control over the proceeding, including deciding who may present information. Formal rules of evidence will not apply.
c. At the hearing, the student may present information about the necessity and appropriateness of a university-initiated separation and the student will be given the opportunity to ask questions of others presenting information.
d. Anyone who disrupts the hearing may be asked to leave. The hearing will be recorded by the university. The record is the property of the university and maintained according to the university’s record retention policy for such hearings.
e. The Vice President for Student Affairs/Dean of Students or designee uses the preponderance of the evidence standard to determine whether the student poses a legitimate safety risk to themselves or direct threat to the safety, health, or well-being of others or the university community. The Vice President for Student Affairs/Dean of Students or designee will then determine whether reasonable modifications would mitigate the risk, in a way that enables the student to continue pursuing their education to the fullest extent possible.
f. A written decision will be issued promptly after the conclusion of the hearing, with the only possible findings being whether there is a direct threat to others or an immediate safety risk. The decision will be delivered to the student in person, telephonically, electronically, and/or by regular or certified mail.
If a university-initiated separation is imposed, because the risk cannot reasonably be mitigated, the written notice of the decision will include:
The rationale for the decision;
The required length of the leave;
When the student may be eligible to return;
The process for obtaining approval to return;
Any conditions that student must satisfy to be eligible for return; and
The process for appealing the decision to invoke a university-initiated leave of absence (see Appeals Process section of this policy).
If a risk can be mitigated, a university-initiated separation will not be imposed, but conditions for continued enrollment/safety may be implemented to ensure that the reasonable modifications are effective. If a student does not comply with those conditions, a university-initiated separation may be imposed or the student may be referred to the student conduct process for failure to comply.
Appeal Process
Students subject to a university-initiated separation of absence may petition for a review of the determination within three (3) business days of issuance of the written decision. All petitions must be in writing and delivered to the Vice President for Student Affairs/Dean of Students or designee either directly or electronically (via deanofstudents@chaminade.edu) within the three-business day timeframe. Reviews will only be considered for one or more of the following purposes:
Significant and relevant new evidence that was unavailable at the time of the original hearing that could influence the outcome;
To assess whether a material deviation from written procedures impacted the fairness or outcome of the hearing;
To determine whether the decision aligns with the information provided in the hearing or whether reasonable modifications might mitigate the risk without a leave;
To assess whether bias on the part of a decision-maker deprived the process of impartiality; or
To decide if a university-initiated separation is inappropriate to address the nature, duration and/or severity of the risk or threat.
The written request for an appeal shall include the specific basis for the appeal, as well as any evidence to support the appeal. Review of a hearing will be limited to the verbatim record of the initial hearing and/or all supporting documents except as required to explain the basis of new information unavailable at the time of a hearing. The review and appeal decision of the leave of absence determination is final.
Status of Conduct Proceeding
If a student’s behavior may violate the Code of Student Conduct and the student does not appear to understand that their actions are against university policy, this policy can be used at any time before a conduct decision is made.
The Director of Student Conduct and Title IX or designee may also impose an interim restriction or suspension for a threat of harm to others or a legitimate safety risk to self. Should an interim suspension be imposed, the student may request an informal show-cause hearing with the Director of Student Conduct and Title IX or designee to show cause why the interim suspension should be rescinded or modified.
If the student is placed on a university-initiated separation under this policy, the university may, at its discretion, continue, pause, or terminate the pending conduct action. If there is a determination that the student’s behavior was the result of a lack of capacity, the university may, at its discretion, continue, pause, or terminate the pending conduct action. Conduct proceedings may resume if the student is later found not to meet the criteria for university-initiated leave.
Return After University Initiated Leave
At the time that a university-initiated leave is implemented, the student will be notified in writing of the conditions or requirements that must be satisfied in order to be eligible to return. These may include, but are not limited to, successfully completing another assessment in order to demonstrate that the student is no longer a legitimate safety risk or direct threat to the safety, health, or well-being of the individual student or the university community and is otherwise qualified to safely participate in the university’s educational program. Any other conditions outlined in writing to the student at the time of leave and/or any related conduct sanctions imposed must also be completed. A hearing, as outlined above, may be held to make an individualized assessment of whether the student is qualified to return.
Refunds will be in accordance with the university refund policy contained in this Handbook.
Questions about this policy and its interpretation should be directed to the Vice President for Student Affairs/Dean of Students.