Student Rights and Responsibilities

Handbook

The Student Handbook serves as an agreement between the College and students to honor the standards, policies, and procedures within the Handbook. By accepting to attend CCC, a student is committed to understanding and abiding by the guidelines and taking responsibility for the student’s actions. The policies have been established to provide a safe and comfortable environment for all members of CCC.

Civil Rights Comprehensive Notification for Colby Community College

In compliance with Executive Order 11246; Title II Education Amendments of 1976; Title VI of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972; Title IX Regulation Implementing Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act (ADA of 1990; and all other federal, state, school rules, laws, regulations, and policies, Colby Community College, Colby, Kansas, shall not discriminate on the basis of age, gender, race, color, national origin or disability in the educational programs or activities which it operates.

It is the intent of Colby Community College, Colby, Kansas, to comply with both the letter and spirit of the law in making specific discrimination does not exist in its policies, regulations, and operations. Grievance procedures for Title IX, ADA, and Section 504 have been established for students, their parents, and employees who feel discrimination has been shown by the local education agency. Specific complaints of alleged discrimination under Title IX should be referred to Title IX Coordinators, the Vice President of Student Affairs, 785.460.5490 or the Director of Human Resources, 785.460.5406; Colby Community College; 1255 S. Range Ave.; Colby, KS 67701. Specific complaints of alleged discrimination under Section 504 of the Rehabilitation Act of 1973 should be referred to the ADA Coordinator, the Vice President of Student Affairs, Colby Community College; 1255 S. Range Ave.; Colby, KS 67701, 785.460.5490. Specific complaints of alleged discrimination under the Americans with Disabilities Act of 1990 should be referred to the Vice President of Student Affairs, Colby Community College; 1255 S. Range Ave.; Colby, KS 67701, 785.460.5490.

Title VI, Title IX, ADA, and Section 504 complaints may also be filed with the Regional Office for Civil Rights. Address correspondence to Regional Office for Civil Rights; 400 State Ave.; Kansas City, KS 66101.

Student Educational Records Rights of Privacy

CCC complies with the Family Educational Rights and Privacy Act (FERPA) of 1974 in collecting, maintaining, and disseminating of official student records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution). These rights include:

• The right to inspect and review the student’s education records within 45 days after the day CCC receives an access request. A student should submit to the registrar, Vice President of Academics, divisional chair, or other appropriate official a written request that identifies the record(s) the student wishes to inspect. The school official will arrange access and notify the student of the time and place the records may be reviewed. If the school official does not maintain the records to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
• The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise violating the student’s privacy rights under FERPA.
• The right to provide written consent before the College discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
• The right to file a complaint with the US Department of Education concerning alleged failures by the College to comply with the requirements of FERPA.

CCC students are hereby notified that the college publishes bulletins, lists, brochures, catalogs, directories, guidebooks, news releases, sports information, and honor rolls that include information specifically identifying students and containing information about the students.

The College is authorized under Section 43 (Buckley Amendment) to publish. It will publish such directory information listed below, collectively or individually, unless a student notifies the Student Privacy Officer (Registrar) in writing that any or all of the categories denominated directory information should not be disclosed.

Directory Information

This includes a student’s:

1. Name
2. Address
3. Telephone listing
4. Date of birth
5. Major field of study
6. Participation in officially recognized activities
7. Weight and height of athletic team members
8. Dates of attendance
9. Degrees
10. Awards received
11. Previous educational institutions attended

Private Information

This includes a student’s:

1. Grades in all classes
2. Grade point for each semester
3. Grade point average for each semester
4. Cumulative grade point
5. Overall grade point average
6. Credit hours earned in each class
7. Total credit hours

Guide for the Release of Information about Students

The College will endeavor to keep a student’s record confidential. All faculty, administration, and staff members will respect confidential student information. At the same time, the institution will be appropriately flexible in its policies not to hinder the student, the institution, or the community in legitimate pursuits.

CCC will adhere to the following guidelines to reflect a reasonable balance between the institution’s obligation for the student’s growth and welfare and its social responsibilities.

Disclosure to Students

1. Students will be entitled to a transcript of their academic record after completing the appropriate procedure.
2. Students have the right to inspect their academic records and are entitled to an explanation of any information recorded on them. When the original is shown, the examination will be permitted only under conditions preventing its alteration or mutilation.
3. Documents submitted by or for the students in support of their applications for admission or transfer credits will not be returned to the students or sent elsewhere at their request. For example, transcripts from other colleges or high school records will not be sent to a third institution. The student should request another transcript from the original institution.

Disclosure to Parents, Educational Institutions, and Agencies

1. Transcripts or grade reports are only released to parents or guardians with prior approval from the students.
2. A request for a transcript or other academic information from another institution of learning indicating the reason for the request may be honored as a matter of interinstitutional courtesy.
3. Requests from a philanthropic organization supporting a student will be honored without prior approval from the student.
4. Requests from research organizations making statistical studies may be honored without prior approval of the student, provided no information revealing the student’s identity is to be published. The Registrar will determine the study’s validity as it applies to education and the privacy rights of students.

Release of Information to Non-Educational Agencies

When non-educational agencies or individuals request information, it typically will be released only with written authorization from the student. The information will be released only with a court order or subpoena if such authorization is not given. When a subpoena is served, the student whose record is being subpoenaed will be notified, if possible, before compliance.

Disclosure in Response to Telephone Inquiries

In all but unusual circumstances, telephone inquiries for student information will not be accommodated.

The Vice President of Student Affairs or the appropriate Administrator will handle urgent requests for student information based upon an apparent emergency, such as an address, telephone number, or location.

Disclosure by Other Offices of the Institution

1. The preceding guidelines apply to handling any request for academic information about students or former students received by any faculty member, administration, or staff. The guidelines protect the individual’s right to privacy and the confidentiality of academic records.
2. All institutional personnel will be instructed to refer promptly to the Office of the Registrar or other appropriate officers’ requests for transcripts, certifications, or additional information which that office typically provides. Faculty members and the various institutional offices will restrict their responses to acknowledging, when appropriate, the receipt of requests for student information or limit their response to that information germane to their sphere of responsibility about the student, such as faculty advisor.
3. The student who needs an official transcript in connection with employment should contact the office of the Registrar. The request procedure is available on the website.

Student Citizenship General Statement

CCC students neither gain nor lose any of the rights and responsibilities of other citizens by their student status. Students are subject to the same federal, state, and local laws as non-students and are the beneficiaries of the same safeguards of individual rights as non-students.

As members of the College community, students are also subject to the rules and regulations of the College. Students are responsible for conducting themselves with academic integrity in a manner compatible with the College’s function as an educational institution. The College expects its students, faculty, and staff to obey national, state, and local laws and respect other people’s rights and privileges. The College expects them to refrain from disruptive conduct at College functions, from injury to persons or damage to property on the campus, and from impeding freedom of movement of students, College officials, employees, and guests to all facilities of the College. Interference in any manner with the public or private rights of citizens or conduct which threatens or endangers the health and safety of any such person will not be tolerated.

Academic Integrity

CCC defines academic integrity as learning that leads to the development of knowledge and skills without any form of cheating or plagiarism. This learning requires respect for the College’s institutional values of quality, service, and integrity. All students, faculty, staff, and administrators are responsible for upholding academic integrity. The following procedure for the Academic Integrity Policy begins with the notification of the first infraction and continues throughout the student’s academic tenure at CCC.

Violations can be categorized as Course-level or Capital. Course-level violations are committed to obtain an unfair advantage in the completion of coursework. Capital violations are either repeated basic violations and/or committed in conjunction with multiple violations of integrity.

Course-Level Violations

Cheating and Plagiarism are considered course-level basic violations.

• Cheating is giving, receiving, or using unauthorized help on individual and group academic exercises such as papers, quizzes, tests, and presentations through any delivery system in any learning environment. This includes impersonating another student, sharing content without authorization, fabricating data, and altering academic documents, including records, with or without using personal and College electronic devices.
• Plagiarism is representing or turning in someone else’s work without properly citing the source. This includes unacknowledged paraphrase, quotation, or complete use of someone else’s work in any form. It also includes citing work that is not used and taking credit for a group project without contributing to it.

Related Academic Sanctions (Course-Level Violation)

Individual faculty members may elect to address episodes of basic academic integrity violations on a case-by-case basis. Specific sanctions, including, but not limited to the following, may be applied and can be assigned in any combination or order:

• Verbal warning/no grade-related action
• Assignment of educational activity or programming
• 0/F on the assignment/quiz/examination with the possibility of makeup
• 0/F on the assignment/quiz/examination without the possibility of makeup
• Reduction of final course grade
• F in the course
• Prohibition from future enrollment in classes taught by that instructor
• Recommendation for administrative academic sanction(s))

Faculty members will complete the Student Notification of Academic IIntegrity Infraction form and will submit it to the Vice President of Academic Affairs. The notification will be shared with the student and documented on the student’s record in the student information system.

Capital Violations

Capital Violations of academic integrity are repeated acts of Course-level violations. While a faculty member has the authority to appropriately administer courselevel sanctions within their course, the student may also be subject to additional disciplinary action by the College.

Related Academic Sanctions (Capital Violations)

While the College reserves the right to accelerate or alter these steps based on the nature and severity of the violation, academic integrity violations may result in the following Capital sanctions:

• First Reported Violation - Warning
  The first reported, alleged violation may result in issuing a warning to the student in the form of a Warning Letter, regardless of the course-level sanction determined by the faculty member.
• Second Reported Violation - Restrictive Actions
  The second reported, alleged violation may result in issuing a Letter of Concern to the student, regardless of the course-level sanction determined by the faculty member. Sanctions may include, but are not limited to, the following:
  • Course-specific enrollment prohibition;
  • Probationary Status
  • Attend an Academic Integrity workshop (the student will be responsible for any fee associate with the workshop);
  • Suspension (of one semester or more;
  • Any other reasonable actions as deemed appropriate by academic administration.
• Third Reported Violation - Dismissal
  The third reported, alleged violation may result in issuing a Letter of Suspension to the student, regardless of the course-level sanction determined by the faculty member. The student may be required to meet with the Vice President of Academic Affairs.

For Capital Violations of academic integrity, students are entitled to (1) written notice of the charges which may result in academic sanctions and (2) an opportunity to respond to appeal the sanction according to the following procedure:

Student Grievance Procedure

It is the policy of Colby Community College to provide students protection against unwarranted infringement of their rights. A student grievance may concern an alleged violation of college policies, infringement of a student’s rights, and other such problems dealing with students, college staff and faculty, and authorized college activities. To comply with federal regulations, Colby Community College maintains records of the formal written Student Complaint Log and the disposition of the complaints. These records are filed with the Vice President of Academic Affairs and the Vice President of Student Affairs.

• Level I - The student will attempt to rectify the grievance with the Vice President of Academic Affairs within ten (10) college working days. Every effort will be made to resolve the grievance at the lowest possible level.
• Level II - If the aggrieved student is not satisfied with the disposition of the grievance at Level I, or if no decision has been rendered within five (5) business days after the discussion of the grievance, the student may file the grievance in writing to the college president. Within five (5) business days after the receipt of the written grievance by the college president, the president will appoint a committee (one administrator and four faculty/staff members) which may adjust the sanction. The chair of the committee shall submit the committee’s decision to the student within ten (10) business days.

Sexual Harassment Policy

Harassment of any student or staff member on the basis of sex shall be considered a violation of College policy. Conduct involving unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature shall be considered to constitute sexual harassment.

Any behavior that represents repeated or unwanted sexual attention that is made a condition of reward or penalty is prohibited. In determining whether alleged behavior constitutes sexual harassment, the College will examine the record as a whole and all aspects or circumstances, such as the nature of sexual advances and the context in which the alleged incidents occurred.

Students or employees who feel they have been a victim of sexual harassment should contact the Vice President of Student Affairs, Vice President of Academic Affairs, the President, or his designee. The alleged victim will be advised of their rights and grievance process policies and procedures. They will also be advised of external resources and the option for notifying campus security and local law enforcement authorities.

Security Act of 1990

In compliance with Title II of Public Law 101-542 (the Crime Awareness and Campus Security Act of 1990), the following policies have been implemented at CCC.

1. Students are encouraged to inform appropriate College officials, e.g., the Campus Security Officer, Living Center Coordinators, and Vice President of Student Affairs, of any illegal activities. Students will be informed that these are the appropriate officials through the use of their Student Handbook and College Catalog and during orientation activities.
2. Twenty-four-hour supervision of the Residence Halls is maintained. The Residence Halls Coordinators or their substitutes are present during all calendar days on which students are on campus. There is limited supervision during all school breaks. Residence Halls are closed from the conclusion of the fall semester until the day before spring registration.
3. All buildings, except the residence halls, Bedker Memorial Complex, and the Student Union, are secured at 10:00 p.m., Monday through Friday. The Student Union hours are 7:00 a.m. to 11:00 p.m., Monday through Friday, and 7:00 a.m. to 6:00 p.m. on Saturdays and Sundays.
4. The Campus Security Officer and the Vice President of Student Affairs work with the local police department. Resident students are encouraged to report unlawful acts to the Campus Security Officer. The Campus Security Officer is responsible for informing the Vice President of Student Affairs or the police department of such acts. Students are encouraged to report crimes to the appropriate official.
5. Regular contact will be made by the Vice President of Student Affairs with the Chief of Police to obtain an accurate recording of off-campus student activities.

Copies of the most recent Crime Awareness reports may be obtained at the Vice President of Student Affairs Office, Campus Security Office, or the OPE Campus Security Statistics Website at http://ope.ed.gov/security or the College website www.colbycc.edu.

Sexual Misconduct Policy

CCC values the health and safety of each individual on campus and expects its students to treat others with respect and dignity. Students, administrators, faculty, staff, guests, and visitors have the right to be free from all violence, including sexual violence. Everyone within the campus community is expected to conduct themselves in a manner that does not infringe upon the rights of others. The College believes in a zero-tolerance policy for all misconduct, including gender-based misconduct, typically including rape, acquaintance rape, domestic violence, dating violence, sexual assault, sexual harassment, and stalking. When an allegation of misconduct is brought to an appropriate administration’s attention, and a respondent is found to have isolated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. This policy is intended to define community expectations, establish a mechanism for determining when those expectations have been violated, and provide recourse for individuals whose rights have been infringed upon. This policy has been developed herein to reaffirm these principles procedural and programmatically.

The term sexual assault used by the College is synonymous with sexual battery (rape). Sexual battery violates state law as defined in Kansas Statue, 21-3517.

The Drug-Free Workplace Policy and Drug-Free Awareness Program

The policy and program of the College in this regard are designed to enhance the physical health of employees and students and to provide a safe workplace. All employees and students are expected to be in suitable mental and physical condition while at work or in the learning environment and perform their jobs satisfactorily.

In accordance with this policy, when controlled substances interfere with an employee’s or student’s responsibilities, appropriate disciplinary action, including termination or expulsion, will be taken.

CCC values the dignity of every individual and is committed to maintaining an educational setting that will provide students and employees with optimum opportunities for reaching their potential. This commitment is incorporated into the institutional philosophy and outcomes, which specify the paramount importance of student welfare.

CCC does not permit or condone the consumption of alcoholic beverages by an individual under 21. All local, state, and federal laws concerning the possession or use of illegal drugs by any student, faculty, or staff member will be strictly enforced on the campus and at any event sponsored by the College.

Procedures for Requesting a Medical Withdrawal

Students who seek to withdraw for medical purposes must contact the Vice President of Academic Affairs or the Vice President of Student Affairs.

Students requesting a medical withdrawal must provide pertinent medical information from their medical provider(s) that documents why it is necessary. Students will be responsible for tuition, fees, room, and board. The Vice President of Student Affairs and Vice President of Academic Affairs will work with the student to determine if any charges can be reduced by drop dates for the semester.

International Students seeking a medical withdrawal must still comply with SEVIS rules and regulations.

Campus Parking

All students, faculty members, or employees of the College who drive or park a vehicle on campus must properly register their vehicles, display a current registration decal on their vehicles, and park only in the lot designated by their registration. The Director of Residence Halls issues parking permits for students living on campus.

The inability to locate a vacant space in an assigned parking lot is not justification for illegal parking.

Each student is required to have the proper lot registration. Lot assignments are based on campus living status (residence hall or off-campus). Students who change their living status during the year must change their parking registration simultaneously.

Traffic on campus is supervised by the Campus Security Officer working with the Colby City Police and other law enforcement agencies.

The Campus Security Office is located in the southeast corner of the Student Union. Officers can be contacted by calling the Campus Security office at 785.460.5508, the Colby City Police at 785.460.4460, or Emergency at 911. A complete Campus Parking and Traffic Guide is available from the Campus Security Office.

Weather Policies

CCC rarely cancels regularly-scheduled classes due to inclement weather. However, weather conditions may occasionally force the delay or cancellation of classes.

A dedicated telephone number for weather and other postponements and cancellation notices is 785.460.4646. Delays or cancellations will also be posted on the College website, www.colbycc.edu, and announced by broadcast media.

The decision to attend class during hazardous weather conditions rests with each student. Commuters should check with authorities for weather and road conditions.

Late Start

2-Hour Delay - Starting at 10:00 a.m.
45-minute classes

Student Complaints of Faculty

The College respects the academic freedom of the faculty and will not interfere with it regarding the content, style, or teaching activities of any instructor. The following procedure is for a student with a complaint regarding an instructor’s handling of a class, professional demeanor, or course policy. This does not apply to a student dissatisfied with the outcome of a grade appeal per the Grade Appeal Policy or for being dismissed from a program or class.

1. The student should try to resolve conflicts with the instructor before filing a complaint. A student may file a written complaint with the appropriate Division Chair if the issue cannot be resolved. The complaint shall be as specific as possible in describing the conduct complained of and filed within 30 calendar days of the alleged conduct.
2. After the Division Chair has attempted to resolve the concern and the issue has not been resolved, the written statement will be referred to the Vice President of Academic Affairs for resolution.
3. After receiving and reviewing the complaint, The Vice President of Academic Affairs will inform the student and the instructor in writing of its receipt and request to meet with the student. After discussing the complaint with the student, the Vice President of Academic Affairs will meet with the Division Chair and the instructor to discuss the complaint.
4. A written response will be sent to the student regarding the Vice President of Academic Affairs’ discussion with the Division Chair and the instructor and any recommendations made within ten calendar days.

Grade Appeal Policy

The assigning of grades is an academic responsibility of the instructor. If the need arises, the burden of proof for appeal rests with the student. The student shall be given the opportunity to discuss with instructors and supervisors to resolve the issues concerning assigned grades. However, the student shall be offered due process when the problem cannot be resolved. Therefore, an appeal policy has been established to review the unsolved grade disagreement. Student grade appeals are not intended to interfere with the instructor’s right to determine their evaluation process or to perform that evaluation. The College established the Grade Appeal Policy Committee to review and recommend action in an individual situation in which the student and instructor cannot resolve a disagreement over an assigned final course grade. The policy and procedures are to be strictly followed to resolve such issues. Those procedures are outlined as follows:

1. The student should try to resolve problems with the instructor before filing an appeal. If t he issue cannot be resolved, a student may file an appeal within five business days after the start of the next term or seven business days after the final grade is posted with the registrar.
2. The faculty member named in the appeal and the student presenting the appeal will submit written statements on the case to the Division Chair. The Division Chair will submit the case to the Academic Council for further review. The Academic Council will review the case on the following criteria. After review, the Council will determine the validity of the case. The case will move to the Grade Appeal Committee if the appeal is warranted.
   1. For an appeal to have validity, the student must have documented proof that assignments and exams were submitted.
   2. The appeal result must raise the student’s grade to a passing percentage.
   3. The student must provide proof suggesting an unfair grade.
3. After review, if the Academic Council determines the appeal is warranted, the Vice President of Academic Affairs will organize The Academic Appeal Committee. Four members will serve on this committee: one member appointed by the Student Government Association, one appointed by the Faculty Alliance Executive Board, one by the student, and one by the faculty member involved in the case. All members of the committee must be involved with CCC.

Section 504/ADA Grievance Procedure

CCC has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Americans with Disabilities Act (ADA) and by the Office of Civil Rights, U.S. Department of Justice regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794). Section 504 states, in part, that “no otherwise qualified individual with a disability shall, solely because of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

Complaints should be addressed to the Vice President of Student Affairs: 1255 S. Range Ave.; Colby, KS 67701, who has been designated to coordinate Section 504/ADA compliance efforts.

1. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
2. A complaint should be filed within ten days after the complainant becomes aware of the alleged violation.
3. An investigation, as may be appropriate, will follow a filing of a complaint. The Vice President of Student Affairs will conduct the investigation. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
4. A written determination as to the validity of the complaint and a description of the resolution, if any, will be issued by the Vice President of Student Affairs and a copy forwarded to the complainant no later than 30 days after its filing.
5. The Section 504/ADA coordinator will maintain the files and records relating to the complaints filed.
6. The complainant can request a reconsideration of the case when they are dissatisfied with the resolution. The request for reconsideration should be made within ten days to the President of the College.
7. a person’s right to a prompt and equitable resolution of the filed complaint will not be impaired by the person’s pursuit of other remedies, such as the filing of Section 504 or ADA complaint with the responsible federal department or agency. Using this grievance procedure is not a prerequisite to pursuing other remedies.
8. These rules will be construed to protect the substantive rights of interested persons, meet appropriate due process standards and assure that CCC complies with the ADA, Section 504, and their implementing regulations.

CCC Missing Student Notification Residence Hall Facilities Policy and Procedure

The following persons will be available to receive reports of student residents missing for 24 hours:

1. Resident Assistants and Campus Security
2. Residence Student Life Staff
3. Vice President of Student Affairs
4. Vice President of Academic Affairs

Each resident, 18 years or older, may register a confidential contact person to be notified if the student is determined to be missing. A parent or guardian will not automatically be notified unless the missing student is under 18 and not emancipated.

An official missing student report will be referred immediately to campus security and local law enforcement when a person is reported missing for 24 hours, and the institution cannot learn any information to the contrary. Students must communicate with their roommates or confidential contact person if they plan to be gone for an extended period.

These procedures are a Federal mandate.

Contact the office of the Vice President of Student Affairs (785.460.5490) or the Vice President of Academic Affairs (785.460-5403) for additional information.

Involuntary College Withdrawal Policy for Threats Related to Mental or Psychological Disorders

Authority

This policy is intended to establish standards and procedures for addressing specific student conduct in extraordinary instances when, in the judgment of appropriate administrative officials, the Student Code of Conduct is not applicable or cannot be timely applied effectively.

The authority to issue an involuntary college withdrawal for direct threat reasons rests with the Vice President of Student Affairs and the Vice President of Academic Affairs.

Issuance

A student will be subject to involuntary College withdrawal for direct threat reasons if the student engages or threatens to engage in behavior that poses an immediate threat of harm to self or others. “Direct threat” means behavior that: (1) presents a significant risk of substantial harm to the health or safety of the individual or others or (2) substantially impedes the lawful activities of other members of the campus community. (U.S. Department of Education Office for Civil Rights policy holds that nothing in Section 504 of the Rehabilitation Act of 1973 prevents educational institutions from addressing the dangers posed by an individual who represents a “direct threat” to the health and safety of self or others, even if such an individual is a person with a disability, as that individual may no longer be qualified for a particular educational program or activity.)

A student whose behavior appears to meet the above criterion is subject to mandatory administrative referral by an administrator to either the Counselor or designee for an immediate, mandatory psychological evaluation, including a direct threat assessment.

No other person may accompany the student during this evaluation. The examining mental health provider will immediately communicate the evaluation results to the referring administrator in writing with an opinion regarding the presence or absence of a direct threat of harm to the student or others.

If the administrator determines based on evidence (a) from the examining mental health provider that the student has a mental disorder, as defined by the current American Psychiatric Association diagnostic manual or its equivalent; (b) that as a result of the mental disorder, a direct threat of harm to self or others is present; and (c) that it is in the best interest of the student, apparent potential third party victims and the College that the student receive an involuntary College withdrawal for direct threat reasons, the student will be informed of the decision, the reason(s) for the decision, and of their right to an informal administrative hearing with the administrator or designee.

If it is determined that a direct threat of harm to self or others is not present, procedures under this policy will have been concluded. The student will be referred to the administrator for review and adjudication of any violations of the Student Code of Conduct that may be outstanding.

The student must provide written authorization to permit verbal and written communication about their condition between college officials and all the examining licensed mental health providers specified in the policy. Failure by the student to complete any required mental health assessment(s) under this policy and procedure or failure to provide written authorization for communication among pertinent College and designated non-College individuals under this policy, or failure to abide by deadlines and other requirements of this policy will result in the initiation of an involuntary College withdrawal for apparent direct threat reasons.

Hearing

A student who receives an involuntary College withdrawal for direct threat or apparent direct threat reasons related to mental or psychological disorders may request an informal administrative hearing with the administrator or designee to review only (1) the accuracy/reliability of the information regarding the student’s behavior, and (2) whether or not the criterion for involuntary College withdrawal for direct threat or apparent direct threat reasons has been met.

The request for an informal administrative hearing must be submitted to the administrator in writing within three College class days of the issuance of the involuntary College withdrawal. It must include the student’s authorization to release relevant information to conduct the hearing. If the student refuses to provide such authorization, the informal hearing will proceed without the requested information. The student will remain involuntarily withdrawn from the College pending the conclusion of the informal hearing.

If the student is hospitalized during the time interval for requesting an informal administrative hearing, the request deadline will generally be deferred to the third College class day after the date of the student’s discharge from the medical facility.

The administrator will convene the informal administrative hearing, usually within three College class days of receipt of the student’s written request. The student may be assisted during the proceeding by a licensed mental health provider of their choice, a member of the College faculty or staff, or a family member. The student may request that the administrator, director, or psychiatrist be present.

As part of the informal hearing process, the administrator may require the student to undergo, at College’s expense, an additional psychological evaluation and direct threat assessment by a licensed mental health provider designated by the College. The results of such evaluation shall be communicated to the administrator for consideration. No other person may accompany the student during this evaluation.

Generally, within two College class days of concluding the informal hearing, the administrator will determine if the involuntary withdrawal for direct threat or apparent direct threat reasons related to mental or psychological disorders is appropriate or if the student will be reinstated. The administrator may consult with pertinent College officials before making this determination. The administrator’s decision will be final. Written communication of the decision will be given to the student in person or sent by certified mail within one College class day of the decision.

Throughout the term of the involuntary College withdrawal for direct threat or apparent direct threat, the student may not attend class or use College facilities, must vacate College housing, and may not return to campus unless approved by the Vice President of Student Affairs or designee. The student will be responsible for their own food and shelter during the period of the involuntary College withdrawal.

The student will be entitled to any applicable refunds of tuition, fees, and room and board charges during the involuntary College withdrawal. A registration hold will be placed on the student’s record so that any request for subsequent registration will come to the administrator’s attention.

Reinstatement

The involuntary College withdrawal will remain in effect until the student adequately demonstrates that their behavior no longer constitutes a direct threat of harm to self or others. For reinstatement to the College, the student must submit a written request to the administrator and arrange for the submission of documentation from their licensed mental health provider confirming the absence of a direct threat of harm to self or others as defined in this policy. The student must authorize verbal and written communications about their condition between all licensed mental health providers involved in this process and relevant College staff.

The director or staff psychiatrist will review this information and provide a written recommendation to the administrator regarding the student’s eligibility for reinstatement.

The Vice President of Student Affairs or Vice President of Academic Affairs may require the student to undergo, at College expense, additional psychological evaluation by a licensed mental health provider designated by the College, and the results of such evaluation shall be communicated to the administrator for consideration. No other person may accompany the student during this evaluation. Written communication of the decision to grant or deny reinstatement will usually be given to the student in person or sent by certified mail within one class day of the decision.

Upon reinstatement at the College, the student will be referred to the Vice President of Academic Affairs for review and adjudication of any violations of The Student Code of Conduct that may be outstanding. When all judicial proceedings have been completed and any applicable academic requirements satisfied, the student may be permitted to re-enroll at the College.