[Wsssc] Required Medical Withdraw

[Hayden, Ruby]

Hi Folks,

At the hot topics meeting this morning a question came up about how to use a policy to help remove a student due to self-harm without using the conduct process. The following policy at LWTech was adopted a few years ago at the suggestion of our AAG and based on Evergreen's policy.


5.P.155 Required Medical Withdraw - Students (WAC 495D-121-800)
5.P.155 Required Medical Withdraw - Students
(WAC 495D-121-800)
Policy
Lake Washington Institute of Technology may require a student to take a medical withdraw or prohibit enrollment in a specific course of study if a student has a physical illness/condition or a mental, emotional, or psychological condition and as a result of the illness or condition:

  1.  Is engaging in, or is threatening to engage in, behavior that poses a significant danger of causing substantial harm to the health, safety, or welfare of the student or others; or
  2.  The student's behavior has resulted in substantial harm to the health, safety, or welfare of the student or others and the behavior continues, or there is a risk the behavior will continue, posing a significant danger of causing substantial harm to the health, safety, or welfare of the student or others; or
  3.  The student's behavior has resulted in significant disruption of the teaching, learning, or administrative activities of other members of the campus community and the behavior continues, or there is a risk the behavior will continue, with the likely result of such behavior substantially impeding the education processes or proper activities or functions of the college and its personnel.
Procedures, Forms, and Documents
5.A.155 Required Medical Withdraw - Students

  1.  The Vice President of Student Services (VPSS) may issue a Required Medical Withdraw, Emergency Medical Withdraw, and/or prohibit enrollment in a specific program of student according to the rules in the Washington Administrative Code (WAC) and this procedure.
  2.  The criteria of a Required Medical Withdraw are listed in WAC 495D-121-800. A Required Medical Withdraw may be issued if a student has a physical illness/condition or a mental, emotional, or psychological condition and as a result of the illness or condition:
     *   Is engaging in, or is threatening to engage in, behavior that poses a significant danger of causing substantial harm to the health, safety, or welfare of the student or others; or
     *   The student's behavior has resulted in substantial harm to the health, safety, or welfare of the student or others and the behavior continues, or there is a risk the behavior will continue, posing a significant danger of causing substantial harm to the health, safety, or welfare of the student or others; or
     *   The student's behavior has resulted in significant disruption of the teaching, learning, or administrative activities of other members of the campus community and the behavior continues, or there is a risk the behavior will continue, with the likely result of such behavior substantially impeding the education processes or proper activities or functions of the college and its personnel.
  3.  Before issuing a Required Medical Withdraw, the VPSS will gather information.
     *   The VPSS must consult with the Campus Assessment, Response, and Evaluation (CARE) Team.
     *   Where possible, the VPSS will consult with others who can provide relevant information about the student's condition.
     *   Where reasonably possible, the VPSS will provide the student an opportunity to present information about their circumstances. If the student is unable or unwilling to meet with the VPSS in a timely manner, the student's opportunity to provide information is waived.
  4.  The VPSS issues a Required Medical Withdraw in writing to the student.
     *   The written notice must include:
        *   The effective date of the leave
        *   The reasons for requiring the leave
        *   The conditions for re-enrollment
        *   Any restrictions imposed on the student's access to the campus or college-sponsored activities.
     *   The Required Medical Withdraw is effective twenty-one days after it is served on the student, unless the student files a timely written appeal.
     *   The service of the VPSS's decision is complete when the notice is deposited in the U. S. Mail, postage pre-paid, properly addressed to the student at the last known address on file with the Registrar's Office, OR by personal service to the student.
  5.  A student may appeal a Required Medical Withdraw
     *   To appeal a Required Medical Withdraw, the student must submit a written appeal to the Vice President for Student Services within twenty days of service of the decision to require a medical leave.
     *   The appeal will be heard by the student conduct review board as described in WAC 495D-121-400.
     *   The conduct review board will notify the student in writing of the time, date and location of the hearing.
     *   The hearing will be conducted according to the Administrative Procedures Act, chapter 34.05 RCW.
     *   As a result of the hearing, the Review Board can reach one of three conclusions:

        *   Uphold the Required Medical Withdraw as issued by the VPSS
        *   Modify the VPSS's decision, allowing the student to remain enrolled under specific conditions
        *   Reverse the VPSS's decision and allow the student to remain enrolled without restriction
     *   The Review Board will make its decision in writing within seven business days of the hearing. The Review Board's written decision will be provided to the student by depositing the decision in the U. S. Mail, postage prepaid and properly addressed to the student at the last known address on file with the Registrar's Office OR by personal service.
  1.  The VPSS may issue an Emergency Medical Withdraw where risk is imminent. The criteria for an Emergency Medical Withdraw are listed in WAC 495D-121-800. An Emergency Medical Withdraw may be issued "if the student has a medical, or mental, emotional or psychological condition and as a result of the condition:
     *   The student is engaging in, or threatening to engage in, behavior that poses a significant danger of causing imminent and substantial harm to the health, safety, or welfare of the student, or others; or
     *   The student's behavior has resulted in substantial harm to the health, safety, or welfare of the student, or others and the behavior continues, or there is a risk the behavior will continue, posing a significant danger of causing imminent and substantial harm to the health, safety, or welfare of the student, or others; or
     *   The student's behavior has resulted in significant disruption of the teaching, learning or administrative activities of other members of the campus community and the behavior continues, or there is a risk the behavior will continue, with the likely result of such behavior imminently and substantially impeding the education processes or proper activities or functions of the college and its personnel."
  2.  The VPSS issues an Emergency Medical Withdraw in writing to the student.
     *   An Emergency Medical Withdraw takes effect immediately.
     *   The written notice must include:
        *   The reasons for requiring the leave
        *   Any restrictions imposed on the student's access to the campus or college-sponsored activities.
     *   The service of the VPSS's decision is complete when the notice is deposited in the U. S. Mail, postage pre-paid, properly addressed to the student at the last known address on file with the Registrar's Office, OR by personal service to the student.
     *   When the VPSS issues an Emergency Medical Withdraw, the VPSS will issue a Required Medical Withdraw at the same time.
  3.  The VPSS will convene the student conduct board when an Emergency Medical Withdraw is issued.
     *   The hearing will occur within three business days of the student being served with the Emergency Medical Withdraw, unless the student elects to waive the hearing.
     *   The hearing will be held according to the Administrative Procedure Act, chapter 34.05 RCW.
     *   If the Board upholds the VPSS's decision to issue an Emergency Medical Withdraw, the Withdraw will remain in effect until such time as the board acts on the accompanying Required Medical Withdraw, unless the VPSS decides that the reasons for the Emergency Medical Withdraw no longer exist.
  4.  A student wishing to return from a Required Medical Withdraw must notify the VPSS.
     *   The student must notify the VPSS at least one month prior to the start of the quarter in which they wish to enroll.
     *   The student should document that they have met any conditions placed on their re-enrollment; including but not limited to the "Psychiatric Medical Form"
     *   All other admission and enrollment requirements of the college must also be met.
     *   The VPSS will consult with the CARE team.
     *   The VPSS will notify the student in writing of the decision to approve or prohibit re-enrollment.



Ruby.


Ruby Hayden, Ph.D.
Vice President of Student Services
My pronouns: she/her

Lake Washington Institute of Technology
Student Services
West 213C
11605 - 132nd Avenue NE  |  Kirkland, WA 98034
T: (425) 739-8208  |  ruby.hayden at lwtech.edu<mailto:ruby.hayden at lwtech.edu>
www.LWTech.edu<http://www.lwtech.edu/>  |  facebook.com/theLWTech  |  twitter.com/TheLWTech




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