Involuntary and Emergency Protective Withdrawal Policy

The University is committed to the well-being and safety of its community members and the integrity of its learning environment. The University may require a student to take an involuntary protective withdrawal if there is sufficient evidence that the student is engaging, or is likely to engage, in behavior that presents a real danger of substantial harm: to self or others, or substantially disrupts the learning environment and activities of the campus community.

This policy and associated procedures do not take the place of disciplinary action associated with a student’s conduct that is in violation of University policies and regulations. This policy is to be invoked only in those extraordinary circumstances in which the regular disciplinary system cannot be applied or is not appropriate, and after attempts to secure a voluntary withdrawal have been exhausted.
This policy establishes a process and procedures for the involuntary withdrawal of students who engage in behavior that presents a direct threat of harm to the health or safety of others or pose a risk to their own safety. This policy will be applied in a nondiscriminatory manner consistent with applicable federal and state laws prohibiting discrimination based on disability.
Grounds for involuntary and emergency protective withdrawals: A student may be involuntarily withdrawn if the student engages or is likely to engage in behavior that:
1. poses an imminent or significant danger or threat of causing physical harm to self; or

poses an imminent or significant danger or threat of causing physical harm to others; or

substantially impedes the lawful activities of other members of the campus community, or the educational processes or proper activities or functions of the University or its personnel.

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 the student either lacks the capacity to respond to the charges or did not know the nature and quality of the act in question.
Chair, Campus Behavioral Evaluation and Threat Assessment Team, and Protective Withdrawal Hearing Panel:
1. Chair: The Associate Vice Chancellor for Student Affairs (or designee) will act as Chair of the involuntary protective withdrawal process.
2. Campus Behavioral Evaluation and Threat Assessment (BETA) Team
  1. The BETA Team will consist of the following members (or designees):
    1. Associate Vice Chancellor for Student Affairs (Chair)
    2. Dean of Students
    3. Associate Dean of Students
    4. Vice Chancellor for Student Affairs
    5. General Counsel
    6. Provost
    7. Assistant Vice Chancellor for Health and Wellness
    8. Assistant Vice Chancellor for Housing and Residence Life
    9. Title IX Chair
    10. Chief of Police
  2. The BETA Team will meet regularly, and on an emergency basis as necessary, to discuss issues relating to student behavioral concerns. Meetings may also be attended by any University personnel deemed by the BETA Team to be relevant to a particular discussion, including, but not limited to, representatives of the Health and Counseling Center, Human Resources, the Office of Accessibility and the Study Abroad Office.
3. Protective Withdrawal Hearing Panel
  1. A Protective Withdrawal Hearing Panel (a “Hearing Panel”) will be an ad hoc committee comprised of a total of three members selected from among the following departments:
    1. Academic Affairs
    2. Student Affairs

Health and Counseling Center
University Police
Housing and Residence Life

A Hearing Panel will be responsible for selecting a chair from among its three members. Individuals serving on the BETA Team will not be eligible for membership in a Hearing Panel, nor will any one Hearing Panel be composed of more than one member from the same department.

Standard for involuntary protective withdrawal: withdrawal process should be initiated only 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.
1. A student will be subject to involuntary protective withdrawal if the Chair , in consultation with the representatives of the BETA Team, concludes, not based on mere speculation, stereotypes, or generalizations about individuals with disabilities, poses a direct threat to the health or safety of others or an actual risk to their own safety.
2. An actual risk to a student’s own safety may include situations in which the student is unable or unwilling to carry out substantial self-care obligations, or the student has health needs requiring a level of care that exceeds what the University can appropriately provide. In making this determination, the Chair, 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, to ascertain:
  1. the nature of the risk,
  2. the duration of the risk,
  3. the severity of the risk,
  4. the probability that potential harm will actually occur;
  5. whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk; and
  6. whether the risk can be sufficiently mitigated without causing substantial disruption to University operations.
Reports of student behavioral concerns: Any person who has reason to believe that a UNC Asheville student may meet the standard for involuntary protective withdrawal described above is encouraged to make a report (hereinafter “Report”) to the Chair. Such a Report may be oral or in writing (including through UNC Asheville’s Incident Report Form). Upon receipt of such a Report, the Chair should conduct a preliminary, informal review of the matter and determine if the following course of action is appropriate:
1. Emergency Interim Protective Withdrawal
  1. The Chair, or the Assistant Vice Chancellor of Housing and Residence Life (or their designee), may implement an emergency interim protective withdrawal at any time if, based on the Report or other information, it is determined there exists a direct threat or actual risk as described in above. A student placed under emergency interim protective withdrawal is prohibited from attending classes and from living in University housing. In addition, the University may trespass a student from campus or from any portion of campus if the University believes that a trespass order is warranted given the circumstances.
  2. The Chair will provide to any student subject to emergency interim protective withdrawal Notice of such status, and give the student an opportunity to meet within two (2) business days from the effective date of the emergency interim protective withdrawal in order to discuss:
    1. the reliability of the information in the Report concerning the student’s behavior; and
    2. whether there exists a direct threat or actual risk as described above.
  3. Based on this discussion, the Chair will make a determination about whether to cancel the emergency interim protective withdrawal. If the Chair cancels the emergency interim protective withdrawal, the Chair may still initiate the involuntary protective withdrawal process in accordance with information below. If the Chair continues the emergency interim protective withdrawal, the Chair will initiate the involuntary protective withdrawal process, and the emergency interim protective withdrawal will remain in effect until the involuntary protective withdrawal process has been terminated or the student withdraws, voluntarily or involuntary, under this policy.
  4. If the student fails to attend the meeting described in this section within two (2) business days of the date of the Notice, the Chair may schedule a hearing based on the available evidence.
2. Sufficient evidence of meeting the standard for involuntary protective withdrawal: If, in the Chair’s judgment, the student may meet the standard for involuntary protective withdrawal but does not require emergency interim protective withdrawal, the Chair may initiate the involuntary withdrawal process by holding the meeting described below.
3. Insufficient evidence of meeting the standard for involuntary protective withdrawal: If, in the Chair’s judgment, the student does not meet the standard for involuntary protective withdrawal, the involuntary withdrawal process will not be initiated, and the Chair 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.
4. Meeting with the student
  1. If at any time the Chair determines that a student may meet the standard for involuntary protective withdrawal, the Chair will provide to the student Notice of an opportunity to meet so that the Chair can:
    1. describe the Report, if any;
    2. explain this Policy and provide the student with a copy of it; and
    3. inform the student that they must meet with a designated mental health professional for an evaluation and provide the Chair with a copy of the evaluation within a specified time as outlined below.
  2. For any student subject to emergency interim protective withdrawal, the meeting described in this section should be held concurrently with the meeting described previously.
  3. If a student not subject to emergency interim protective withdrawal fails to respond to the Notice of the meeting described in this section within two (2) business days of the date of the Notice, or fails to attend a meeting with the Chair within five (5) business days of the date of the Notice, the Chair may schedule a hearing based on the available evidence.
5. Evaluation by a mental health professional
  1. When the Chair requires that the student meet with a mental health professional, the Chair will select an appropriate mental health professional (licensed psychiatrist or psychologist) to evaluate the student and will notify the student of the time and place of the evaluation. The cost of the evaluation will be borne by the University.
  2. The Chair will inform the student that after the student meets with the mental health professional, the mental health professional will provide the results of the evaluation to the student and to the Chair and that the Chair will subsequently provide such results to the BETA Team. The student (or, in the case of a minor student, the student’s parent or legal guardian) will be asked to sign a release authorizing the evaluator to discuss the evaluation with the Chair and the BETA Team.
  3. The mental health evaluations are not binding on the Chair, the BETA Team, or the University. 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 Chair and the BETA Team, a hearing based on the available evidence may be scheduled.
6. Consultation with Behavior Evaluation and Threat Assessment Team
  1. Upon receipt of the mental health evaluation, the Chair will arrange a meeting with the BETA Team to review the evaluation.
  2. If, after consultation with the BETA Team, the Chair determines that the available evidence, including the mental health evaluation, indicates that the student does not meet the standard for involuntary protective withdrawal, the Chair may terminate the involuntary protective withdrawal process. The Chair may also 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 for continued monitoring and follow-up.
  3. If, after consultation with the BETA Team, the Chair determines that the available evidence, including the mental health evaluation, indicates that the student does meet the standard for involuntary protective withdrawal, the Chair will attempt to arrange a meeting with the student to discuss the determination by providing the student Notice of an opportunity to meet.
7. Meeting with student to review Chair’s determination
  1. If the Chair is successful in arranging a meeting with the student to discuss the Chair’s determination that the student meets the standard for involuntary protective withdrawal, at that meeting the Chair 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.
  2. If the student does not voluntarily withdraw within two (2) business days of the meeting with the Chair, the Chair will schedule a hearing with the Hearing Panel.
  3. If the student fails to attend the meeting described in this section within two (2) business days of the date of the Notice of the meeting, the Chair may schedule a hearing based on the available evidence.
8. Agreement with the student
  1. The Chair 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 agreement, a housing relocation, or a reduced academic course load.
  2. When making their determination of appropriate probationary conditions, the Chair may consult on an informal basis with the BETA team, faculty, and other University personnel.
  3. The terms of such continued enrollment will be set forth in a written agreement, and the Chair will provide the student sufficient opportunity to review and consider such terms, but in any case, not fewer than two (2) business days.
  4. If the student agrees to accept the terms of the proposed 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 Chair and the Chair will sign the Agreement. The Chair will retain the Agreement and provide a copy of the Agreement to the student.
9. Scheduling a hearing
  1. At least five (5) business days before the hearing, the Chair will provide Notice to the student as to the date, time, and place of the hearing, and the procedure described below.
  2. The student may waive the five (5) business day notice period, in writing.
10. The hearing
  1. 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.
  2. Evidence: At the hearing, the Chair will provide the Hearing Panel all evidence relevant to whether the student is subject to involuntary protective withdrawal under the standard set forth above. The evidence may include witnesses, written reports, documents or written statements, and must include the mental health professional’s written evaluation, if available.
  3. Witness testimony: Depending on the facts and circumstances of each case, the Chair 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.
  4. Rights of the student: The student’s rights at the hearing will include the following:
    1. The right to be present, unless the student disrupts the hearing.
    2. The right to present relevant evidence.
    3. The right to request the attendance of witnesses at the hearing.
    4. 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 Chair.
    5. 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 person 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 argue, make statements, question witnesses, or otherwise represent the student unless such family member is serving as the advisor or attorney.
  5. The members of the Hearing Panel may also ask questions of any witness. The Hearing Panel may exclude prospective witnesses other than the student during the testimony of any witnesses.
  6. The student and any witness at the hearing are required 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.
  7. 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. The burden of proof is a preponderance of evidence standard, (more likely than not).
  8. 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 Chair, 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.
11. The recommendation of the Hearing Panel
  1. 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 (or designee) as to whether the student meets the standard for involuntary protective withdrawal as set forth in Section IV above. The Hearing Panel will base its recommendation on evidence presented at the hearing. The concurrence of at least two (2) Hearing Panel members will be required to recommend to the Vice Chancellor for Student Affairs (or designee) that a student be withdrawn under this policy.
  2. If the Hearing Panel concludes that the student does not meet the standard for involuntary protective withdrawal, it will inform the student, the Chair, and the Vice Chancellor for Student Affairs (or designee) in writing via University email.
  3. If the Hearing Panel concludes that the student does meet the standard for involuntary protective withdrawal, the Hearing Panel must state this in a written recommendation that will include its reasoning for this conclusion. This written recommendation will be provided to the student, the Chair, and the Vice Chancellor for Student Affairs (or designee).
12. The decision of the Vice Chancellor for Student Affairs
  1. Upon receipt of the Hearing Panel’s recommendation, the Vice Chancellor for Student Affairs (or designee) will fully review the recommendation and consider it in making a final determination about whether the student meets the standard for involuntary protective withdrawal.
  2. If the Vice Chancellor for Student Affairs (or designee) determines that the student does not meet the standard for involuntary protective withdrawal, the Vice Chancellor for Student Affairs (or designee) may terminate the involuntary protective withdrawal process.
  3. If the Vice Chancellor for Student Affairs (or designee) determines that the student does meet the standard for involuntary protective withdrawal, the Vice Chancellor for Student Affairs (or designee) 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 Chair, as to the terms of the involuntary protective withdrawal, including the conditions of readmission. Upon delivery of the Notice, the Chair will work with all relevant University personnel to coordinate the withdrawal of the student.
13. Appeal to the Chancellor
  1. Within ten (10) business days from Notice of the Vice Chancellor for Student Affairs’ decision, the student may submit a written appeal of the decision to the Chancellor. The decision of the Vice Chancellor for Student Affairs (or designee) will remain in effect while an appeal is pending.
  2. 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 for Student Affairs’ (or designee) conclusions and must set forth the student’s evidence and arguments in support of such claims.
  3. The Chancellor’s review will be limited to a determination of whether the proper procedures were followed and/or whether the Vice Chancellor for Student Affairs’ (or designee) decision is supported by any evidence.
  4. Failure to submit a timely written appeal will render the decision of the Vice Chancellor for Student Affairs (or designee) final and conclusive.
  5. Within ten (10) business days of receiving the appeal, the Chancellor will inform the student of their decision in writing. The Chancellor may:
    1. affirm the Vice Chancellor for Student Affairs’ decision,
    2. send the matter back to the Vice Chancellor for Student Affairs for further review,
    3. affirm the Vice Chancellor for Student Affairs’ findings, but alter the disposition from withdrawal to probational enrollment under specified conditions, or
    4. reverse the Vice Chancellor for Student Affairs’ decision and reinstate the student.
  6. There will be no appeal beyond the Chancellor. All Chancellor decisions are final.
14. Voluntary Withdrawal
  1. At any point in the process, the student may present a request for a voluntary withdrawal to the Chair. If the request is granted, the involuntary protective withdrawal process will cease; however, voluntary withdrawal will not terminate any pending disciplinary action.
  2. If the student’s request for a voluntary withdrawal is granted, the student will be subject to the readmission requirements described below.
15. Readmission
  1. A student who is involuntarily withdrawn, or who voluntarily withdraws as set forth above, may not re-enroll or be readmitted to the University before the start of the next term. In addition, the Chair, in consultation with the BETA Team, must approve the student’s re-enrollment or readmission request.
  2. Approval may be granted only if the Chair determines,, that the conditions that led to the withdrawal are no longer present. The Chair may require any documentation or evaluation that they deem necessary.
  3. 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.
16. Students Studying Abroad
  1. 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 Chair where deemed appropriate and the engagement of an on-site mental health professional to conduct any requisite mental health evaluations.
  2. 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.
17. 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.
18. Records and Fees
  1. All records concerning the proceedings under this Policy will be maintained for seven (7) years by the Chair 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. Certain exceptions to the confidentiality requirements of FERPA apply.
  2. 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.

1. No Contact Order
  1. A “No Contact Order”(NCO) is a written directive prohibiting a student(s) from contact and communication with another individual(s). These directives are issued reciprocally to the parties. An NCO prohibits the parties from having any personal, verbal, electronic (email, instant message, text message, social media, etc.), written, phone, cell phone, or third-party contact with another person pending an investigation and/or hearing whenever the contact could constitute a danger to the person or to the safety of the person or property, or the seriousness of the allegations warrants such action. An NCO may be time-limited or permanent. A recipient of an NCO can request a review of the directive by contacting the office which issued the order, either the Title IX Coordinator, Dean of Students, or their designees.
  2. An NCO is not an indication of responsibility for a violation of University policy; rather, it is intended to forestall interactions that could be perceived by either party as retaliatory, intimidating, or harassing. Failure to comply with an NCO is a violation of University policy and may result in disciplinary action, including possible suspension or expulsion from the institution.
2. Withdrawal Prior to Hearing

If any student withdraws or fails to return to the University while the student is subject to a pending conduct action, the conduct action shall resume upon the student’s reenrollment. A student’s eligibility for readmission, registration, receipt of a transcript, or diploma while a student conduct matter is pending may be subject to review and consideration by the Admissions Review Committee or another applicable University entity.

The University reserves the right to formally restrict individual(s) from campus grounds while a student conduct action is pending.

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