Involuntary Withdrawal Policy

This policy establishes a process for safety intervention, up to and including involuntary medical withdrawal, when a student’s health condition or related behavior raises significant concerns about (a) the student’s ability to meet essential academic or non-academic requirements, or (b) the safety of others in the University community. This policy will be implemented in a non-discriminatory manner, consistent with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, including the requirement for an individualized assessment to determine if a student poses a Direct Threat (as defined below).

It is distinct from the voluntary medical withdrawal process and student conduct procedures.

Hospitalization, a diagnosis, or a request for assistance alone does not trigger action under this policy; decisions are based on an individualized assessment of the student’s circumstances using current medical knowledge or the best available objective evidence.

Direct Threat: A “Direct Threat” means a significant risk of substantial harm to the health or safety of others that cannot be eliminated or reduced to an acceptable level by reasonable modifications, auxiliary aids/services, or other interventions. In determining whether a student poses a Direct Threat, the University will make an individualized assessment based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, considering: (1) the nature, duration, and severity of the risk; (2) the probability that the potential injury will actually occur; and (3) whether reasonable modifications of policies, practices, or procedures, or the provision of auxiliary aids or services, will mitigate the risk.

Reasonable Modification/Accommodation: A change to policies, practices, or procedures (or provision of auxiliary aids/services) that enables equal access, unless it would fundamentally alter the program or creates an undue burden.

Essential Requirements: Academic, clinical, professional, conduct-related, housing, or other non-academic requirements that are fundamental to participation in a program or University residency, as determined by the University/college after considering reasonable modifications.

Interim Measures: Temporary restrictions or conditions imposed to address urgent safety/operational concerns pending completion of the individualized assessment.

A student may be subject to safety intervention measures, up to and including involuntary medical withdrawal, if, based on an individualized assessment using current, objective evidence, the University determines that:

A. The student poses a Direct Threat to the health or safety of others within the University community. The determination will be based on an individualized assessment considering:

1. The nature, duration, and severity of the risk;

2. The probability that the potential harm will actually occur; and

3. Whether reasonable modifications to policies, practices, or procedures (reasonable accommodations) will sufficiently mitigate the risk.

B. The student’s condition or related behavior materially and persistently disrupts the educational environment or University operations such that it cannot be adequately addressed through ordinary processes and reasonable modifications.

C. The student is unable to meet essential academic or non-academic requirements of their program or University residency, even with reasonable accommodations.

Initial Review

Upon referral of a case, the Dean of Students (or designee)[1], will convene the Threat Assessment Team. The Threat Assessment Team is comprised of the Dean of Students, Chief of Butler University Police Department and Director of the Counseling and Consultation Services, with advice from the General Counsel, as needed. An initial review of the referral will be completed promptly.

Individualized Assessment Process

If the initial review suggests the criteria for intervention or withdrawal is met, the Dean of Students will initiate a formal individualized assessment, which will include the following:

Information Gathering: The Dean of Students will gather relevant information, which may include:

1. Information from the referring party and other individuals with direct knowledge.

2. Observations of the student’s behavior.

3. Relevant academic and conduct records.

4. Information regarding accommodations requested or provided via Student Disability Services (SDS).

5. Information from relevant campus resources (e.g., Counseling, Campus Safety, Housing).

Medical/Psychological Evaluation

The University may require the student to undergo an evaluation by an independent, qualified healthcare or mental health professional chosen by the University, at the University’s expense, if current, objective information is needed to assess the student’s condition, the risk level (direct threat analysis), the nature of the impediment, or the appropriateness of accommodations.

Any required evaluation will be limited to information necessary to determine: (a) functional limitations relevant to essential requirements; (b) whether a Direct Threat to others exists; and (c) whether reasonable modifications or other interventions could sufficiently mitigate the concern.

The University will consider medical or other relevant information submitted by the student, including evaluations from their treating provider(s). The student will be asked to sign a release for the University to communicate with the provider(s) regarding specific questions related to the assessment criteria. Refusal to undergo a required evaluation or provide necessary releases/documentation may result in a decision based on the available information.

Decision and Notification

Following the completion of the individualized assessment, the Threat Assessment Team will make a determination regarding whether an involuntary withdrawal is required.

The decision will be communicated to the student in writing and will include:

1. The specific reasons for the decision, referencing the policy criteria;

2. The effective date of the withdrawal;

3. Information regarding the implications of withdrawal (e.g., class enrollment, on campus housing (if appropriate), financial aid, tuition refund per standard University policy, campus restrictions);

4. Conditions and procedures for seeking return or readmission to the University; and

5. Information about the appeal process.

Appeal Process

A student may appeal the decision within three (3) days of the date of the letter. Appeals must be submitted in writing to the Vice President for DEI & Student Affairs via email at VPDEISA@butler.edu. The written appeal must be clear, specific, and contain a detailed statement regarding the grounds for appeal. Appeals are not granted because the student disagrees with the decision.

Grounds for appeal are limited to the following:

1. A procedural error or omission that significantly impacted the decision. Appeals based on procedural error or omission must outline the following:

· Citation of specific procedural error with appropriate reference to the Student Handbook

· Reasons(s) why the error or omission would significantly impact the original decision

2. To consider new information, unknown or unavailable during the process, that could significantly impact the decision. Appeals based on new information must outline the following:

· Source of the new information and explanation of that information

· Reasons(s) why this information was not known prior

· Reasons(s) why this information would significantly impact the original decision

The student remains withdrawn during the appeal process unless otherwise determined by the VPDEISA.

Conditions for Return/Readmission

A student who has been involuntarily withdrawn for medical reasons must request readmission through the Dean of Students. Readmission is not guaranteed.

Any conditions of return will be individualized, reasonably related to the documented basis for withdrawal, and time-limited where appropriate. The student must demonstrate, typically through documentation from appropriate healthcare providers, and a meeting with the Dean of Students, that the conditions that led to the withdrawal have been sufficiently addressed, that they are able to meet essential requirements with or without reasonable modifications, that they no longer pose a Direct Threat to others (if applicable), do not materially and persistently disrupt the community (if applicable), and that they are ready to resume academic and campus life, with or without reasonable accommodations.

The University may require specific conditions to be met prior to or upon readmission (e.g., ongoing treatment, compliance with a safety plan, regular consultation with SDS or Counseling Services CCS) or an off-campus provider if their case is beyond the scope of services for CCS. The cost, if any, will be the student’s responsibility.

[1] As used throughout, the title Dean of Students includes a designee as applicable.