Involuntary and Emergency Protective Withdrawal Policy

I.  Purpose

The University is committed to ensuring access to educational opportunity while fostering a safe environment for all members of its community.  In situations where university officials become aware of a student that presents a direct threat to themselves or others, safety of the University community is paramount.

University officials may consider a number of reasonable safety measures and determine that it is necessary for the student to be involuntarily withdrawn from the University to ensure the safety of the community and prevent disruption to University operations.

II. Scope

This policy provides a process for involuntary protective withdrawal for a student, and the involuntary protective withdrawal must be conducted according to the standards and procedures described in this Policy.

The policy applies to all University students who are enrolled in any classes at the University of North Carolina Asheville. This Policy will be applied in a nondiscriminatory manner consistent with applicable federal and state laws prohibiting discrimination based on disability. As UNC Asheville’s Chief Administrative Officer, the Chancellor possesses ultimate authority for administration of this policy.

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, and 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 mental health professional to conduct any requisite mental health 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 policies of that institution.

III. Definitions

A. Coordinator

The Associate Vice Chancellor or designee will act as Coordinator of the Involuntary Protective Withdraw (IPW) process and as Chair of the Behavioral Evaluation and Threat Assessment (BETA) Team, with whom the Coordinator will regularly consult.

B. Campus Behavioral Evaluation and Threat Assessment Team

The Campus Behavioral Evaluation and Threat Assessment Team (BETA) will be convened in alignment with the University Behavioral Evaluation and Threat Assessment Team Policy.

IV. Relationship to Disciplinary Process

Involuntary protective withdrawal is not a substitute for appropriate disciplinary action.  A student who is accused of a student conduct violation should not be diverted from the regular disciplinary process unless, as a result of medical or psychological condition, the student either lacks the capacity to respond to the charges or did not know the nature and/or severity of the act in question.

V. Determination Standard for Involuntary Protective Withdrawal

Involuntary protective withdrawal should not be used unless the student poses a direct threat or risk as defined below:

  • Student is unable or unwilling to carry out substantial self-care obligations, such as individual physical or mental health expectations
  • Student has health needs requiring a level of care that exceeds what the University can appropriately provide.

In order to make this determination, the Coordinator, in consultation with the BETA Team, will make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence. BETA will consider:

  • nature of the risk,
  • duration of the risk,
  • severity of the risk,
  • probability that potential injury will actually occur;
  • Whether reasonable modifications of policies, practices, or 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.

The IPW determination should only be reviewed and determined 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.

V. Process 

A.   Reports of Student Behavioral Concerns

Any person who has reason to believe that a UNC Asheville student may possibly meet the standard for involuntary protective withdrawal is encouraged to make a report (hereinafter “Report”) to the Coordinator or the Dean of Students office. Such a Report may be in writing (including through UNC Asheville’s online reporting mechanism).

B.    Initial Student Meeting

Upon receiving a report the Coordinator, or designee, in consultation with other members of the BETA, will provide to the student an opportunity to meet so that the Coordinator can

  • describe the report or other concerns
  • explain any applicable policies
  • provide the student the opportunity to ask questions

C.    Meeting the Standard for Involuntary Protective Withdrawal

    1. If in the Coordinator’s judgment, the student may meet the standard for involuntary protective withdrawal but does not require emergency interim protective withdrawal, the Coordinator may initiate the involuntary withdrawal process by scheduling the IPW Meeting with the student.
    2. 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 BETA Team.

D.   Implementation Student Meeting

Upon determining the standard for IPW is met and after meeting with the student  the Coordinator, or designee, in consultation with other members of the BETA, will provide to the student an opportunity to meet so that the Coordinator, or designee, can officially initiate the IPW process:

  • describe the concerns and status of the situation to the student
  • explain all the applicable policies and provide copies
  • explain the requirements for resolving the IPW including the evaluation by a mental health professional

E.    Mental Health Evaluation

During the Implementation Meeting, the Coordinator will inform the student of the requirement to be evaluated by a third party mental health professional. The evaluation must include whether or not the student is fit to return to an in-person educational environment, and if applicable if the student is fit to return to a residential living environment.

In order to effectively process the IPW the student (or, in the case of a minor student, the student’s parent or legal guardian) will be asked to sign a release to the Coordinator and the University so that the evaluator may provide a copy of the evaluation and discuss the results with the Coordinator, or designee.

In the event that the student chooses to not complete a release, the student may provide a copy of the evaluation to the Coordinator for review in the process.

The evaluation is not binding on the process or the outcome.  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 and the BETA Team, a hearing based on the available information.

F.    Consultation with BETA

Upon receipt of the mental health evaluation, the Coordinator will arrange a meeting with the BETA Team to review the evaluation.

  1. If, after consultation with the BETA Team, the Coordinator determines that the available evidence, including the mental health evaluation, indicates that the student does not meet the standard for involuntary protective withdrawal then, the Coordinator may end the involuntary protective withdrawal process. The Coordinator may also take any other supportive or student care action deemed appropriate, including, but not limited to, recommending that the student seek treatment and/or referring the matter to the BETA Team for continued monitoring and follow-up support and care.
  2. If, after consultation with the BETA Team, the Coordinator determines that the available evidence, including the mental health evaluation, indicates that the student does meet the standard for involuntary protective withdrawal, the Coordinator will notify the student that their evaluation has been reviewed and schedule a meeting to review the determination.

G.   Coordinator’s Determination Student Meeting

In the Coordinator’s Determination meeting, the Coordinator will  review with the student the determination of the evidence and information that supports the standard for involuntary protective withdrawal. The Coordinator will notify the student of their right to a hearing before the Hearing Panel, but will also offer the student the opportunity to waive the hearing and agree to a voluntary withdrawal.

The student will have three (3) business days to complete a voluntary withdrawal. If the student does not voluntarily within three (3) business days, then the Coordinator will schedule a hearing with the Involuntary Protective Withdrawal Hearing.

If the student fails to attend the Coordinator’s Determination meeting, then the Coordinator may immediately schedule the Involuntary Protective Withdrawal Hearing.

H.   Behavioral Agreement

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 probationary 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 an altered academic course load.

When making their determination of appropriate behavioral conditions, the Coordinator may consult on an informal basis with faculty, the Health and 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 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 Behavioral 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 in the presence of the Coordinator and the Coordinator will sign the Agreement.  The Coordinator will retain the Behavioral Agreement and provide a copy of the to the student. In the event the student does not follow through on the conditions of the Behavioral Agreement, the Coordinator may continue the IPW process. The Coordinator may also proceed with Student Conduct charges.

I.      Involuntary Protective Withdrawal Hearing

A Protective Withdrawal Hearing will be held to make a recommendation to the Vice Chancellor of Student Affairs if a student should be subject to an involuntary protective withdrawal.

    1. Hearing Panel
      • Provost, or designee
      • Assistant Vice Chancellor for Student Affairs/Chief Housing Officer, or designee
      • Assistant Vice Chancellor for Student Affairs/Chief Health & Counseling Officer, or designee
      • Chief of Police, or designee
      • Assistant Vice Chancellor of Institutional Integrity & Access, or designee

b.    Scheduling a Hearing

At least five (5) business days prior to the hearing, the Coordinator will provide Notice to the student as to the date, time, and place of the hearing. The student may waive the five (5) business day notice period, in writing via email to the Coordinator.

c.     The Hearing

i.         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.

ii.         Evidence – At the hearing, the Coordinator will provide the Hearing Panel all evidence relevant to whether the student is subject to involuntary protective withdrawal. The evidence may include witnesses, written reports, documents or written statements, and must include the mental health professional’s written evaluation, if available.

iii.         Witness Testimony – Depending on the facts and circumstances of each case, the Coordinator may obtain witness statements or testimony from faculty, Housing and Residence Life staff, students, or other relevant individuals whose input would be helpful to the Hearing Panel.  The Hearing Panel may also request such testimony or evidence.

d.    Student Hearing Rights

i.         The right to be present, unless the student disrupts the hearing.

ii.         The right to present relevant evidence.

iii.         The right to request the attendance of witnesses at the hearing.

iv.         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 “cross-examination” may not be used to demonstrate “personal hardship.” To be eligible for admission into evidence, such written statements must be signed by the individual writing the statement and witnessed by a person designated by the Coordinator.

v.         The right to be accompanied by an advisor or an attorney. The role of an advisor or attorney is limited to conferring with and advising the student. The advisor 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 members of their immediate family (parents or other legal guardians, siblings, or spouse) to the hearing. Such family members are not permitted to speak, or otherwise represent the student unless such family member is serving as the advisor or attorney.

e. Hearing Expectations

i. The members of the Hearing Panel may ask questions of witnesses. The Hearing Panel may exclude prospective witnesses other than the student during the testimony of any witnesses.

ii. The student and any witness at the hearing are expected to give truthful testimony.  Furnishing untruthful testimony or failing to appear after an appropriate request may subject the student at issue, an employee, or a student witness to disciplinary action.

f. Evidence Standard

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.

g. Audio Recording

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.

J.     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. The Hearing Panel will base its recommendation on evidence presented at the hearing. If the Hearing Panel recommends that the student does meet the standard for involuntary protective withdrawal, the Hearing Panel must include its reasoning in the recommendation. The Hearing Panel will submit their recommendation to the Vice Chancellor for Student Affairs in writing, via emai with two (2) business days for the hearing.

K.    Determination

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

a.    If the Vice Chancellor, or designee determines that the student does not meet the standard for involuntary protective withdrawal, the Vice Chancellor may terminate the involuntary protective withdrawal process.

b.    If the Vice Chancellor, or designee 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, set forth in writing and provide Notice to the student, with a copy to the Coordinator, as to the terms of the involuntary protective withdrawal, including the conditions of readmission.  Upon delivery of the Notice, the Coordinator will work with all relevant University personnel to coordinate the withdrawal of the student.

L.    Appeal

Within ten (10) business days from Notice of the Vice Chancellor for Student Affairs’ decision, the student may submit a written appeal via email appeal of the decision to the Chancellor, or designee. The decision of the Vice Chancellor will remain in effect while the 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 appeal review will be limited to a determination of whether the proper procedures were followed and/or whether the determination is supported by any evidence.  Failure to submit a timely written appeal will render the decision of the Vice Chancellor final and conclusive.

Within ten (10) business days of receiving the appeal, the Chancellor, or designee will inform in writing via email the student of their appeal determination.  The Chancellor may

    1. Affirm the Vice Chancellor’s, or designee determination
    2. Send the matter back to the Vice Chancellor, or designee for further review
    3. Affirm the Vice Chancellor’s, or designee findings but alter the disposition from withdrawal to probational enrollment under specified conditions,
    4. Reverse the Vice Chancellor’s, or designee decision and reinstate the student.

There will be no appeal beyond the Chancellor.

VI.  Readmission

A student who is involuntarily withdrawn, or who voluntarily withdraws as set forth in Section XVIII 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 BETA Team, must approve the student’s re-enrollment or readmission request. 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.

The student is not entitled to a hearing on the readmission determination, and re-enrollment or readmission is also contingent upon the student meeting any admission or enrollment requirements of the University.

VII.  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.

VIII.  Records and Fees

All records concerning the proceedings under this Policy will be maintained for eight  (8) years by the Coordinator and will be kept confidential in accordance with 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.

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.

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