Mandatory Leave with Conditions for Return Policy

Policy Statement

This policy serves as a guide for safety intervention with students who have demonstrated behaviors that pose a substantial risk of harm to individuals within the University community, and/or whose behavior has impeded the educational process, lawful activities, and functions of other members of the University community. 

Purpose/Scope

The procedures outlined in this policy establish an analytical process for intervening with and assessing student behaviors that pose a substantial risk of harm to individuals within the University community. The purpose of this policy is to provide designated university officials with a process for placing a student on a mandatory leave with conditions for return. 

Applicability

This policy applies to both undergraduate and graduate students.

Definitions

There are no definitions for this policy at this time.

Policy Procedures

Overview

SUNY Brockport provides a range of support services and resources to address the medical and mental health needs of students (refer to: Links to Related Procedures and Information – near the end of this policy). At times, students may experience medical and/or mental health issues that impact their behaviors and/or disrupt the campus community. Such needs may require a level of treatment that exceeds the resources, expertise, and staffing of the University. In these situations, the University will provide support for the student should they decide to take a Temporary Academic Leave from the University. 

Consistent with Brockport’s Nondiscrimination Policy, the University prohibits unlawful discrimination on the basis of any type of disability or any other characteristic protected by applicable law in the administration of the University’s programs and activities. 

There may be circumstances requiring the University to take action, such as when the student is unable or unwilling to perform self-care obligations, and/or when the current medical and/or mental health information, specialized knowledge, or the best available evidence indicates that the student’s conduct and behaviors pose a significant risk to the health and safety of others.

The determination of placing a student on a mandatory leave is based on a Mandatory Leave Evaluation Process. Individual cases are thoroughly reviewed by a team of university officials, including the Director of the Hazen Center for Integrated Care / designee, Associate Director of the Counseling Center, University Police Chief / designee, Student Accessibility Services representative, ADA Officer, and members of the Student Behavioral Consultant Team.

Mandatory Leave Evaluation Process

1. The Mandatory Leave Evaluation Process includes obtaining and reviewing the following information:
   • The nature, duration, and severity of the behavior;
   • The likelihood that if the behavior continues, the risk for possible injury or harm will occur;
   • The impact the student’s behavior has had on the community; and
   • Whether the student’s behavior substantially impedes the educational functions of other members of the University community.
2. The Mandatory Leave Evaluation Process may also include:
   • Meeting with the student to gain an understanding of the student’s circumstances and ensure the student has the opportunity to provide input on their behalf; 
   • Requiring the student to undergo an evaluation, including a medical and/or psychological evaluation, by a licensed provider; and/or
   • A request for the student to provide consent for the Director of the Hazen Center for Integrated Care and/or the Associate Director of the Counseling Center to have access to the student’s medical and mental health records.
     
     The Mandatory Leave Evaluation Process is based on objective evidence, rather than on speculation, stereotypes, or generalizations.
3. The decision of whether to place a student on a mandatory leave is based on information gathered from the following:
   • Information from the Mandatory Leave Evaluation Process to determine if the student is equipped to function safely and able to abide by University policies in the classroom, residence hall, and all other areas on campus;
   • A review of reasonable accommodations, in consultation with the Student Accessibility Services Coordinator, to determine whether the student may qualify for accommodations that could allow the student to remain enrolled at the University; and
   • Information obtained from meeting with the student to allow them an opportunity to provide input on their unique circumstances.
4. The Vice President for Enrollment Management and Student Affairs (EMSA) / designee may place a student on a mandatory leave when the University determines that:
   • current knowledge from the Mandatory Leave Evaluation Process indicates that a student poses a significant health and/or safety risk to the University community; and/or
   • a student’s behavior or conduct severely disrupts normal University functions and activities.

The student will be informed in writing of the University’s decision and rationale for enforcing the Mandatory Leave with Conditions for Return Policy, including the timeframe for the mandatory leave and the requirements for re-entry. The student will have the opportunity to appeal the University’s decision.

Appeal Process

A decision to place a student on a mandatory leave may be appealed in writing within five (5) business days of receipt of the letter placing the student on a mandatory leave. Appeals will be reviewed by an Assistant Vice President (AVP) in the Division of EMSA / designee. Students must submit their letter of appeal via email to: vpemsa@brockport.edu.

Academic Information

Efforts are made to preserve a student’s academic progress for courses taken within the semester of the mandatory leave, through consultation with faculty, department chairs, deans, Vice Provost and/or designee for undergraduate students, and the Center for Graduate Studies for graduate students. The same University academic policies related to Incompletes, Course Withdrawals, and Temporary Academic Leaves apply to students placed on a mandatory leave. Students will be provided the opportunity to be informed of any academic progress implications by meeting with the University’s Academic Compliance Officer. 

Conditions for Return

Students placed on a mandatory leave are not allowed to return without completion of the requirements for re-entry. The use of University services may be restricted while the student is on leave and an administrative hold may be placed on the student’s Banner account.

Conditions for return will be tailored to the individual student and their particular circumstances. These requirements for return to the University may include, but are not limited to, the following:

1. An evaluation by a Licensed Mental Health Provider that discusses the student’s current mental health status and course of treatment. This written report must address:
   • A readiness to return to the academic and co-curricular demands of university;
   • An assessment of the ability to effectively manage the day-to-day stressors of university life without negatively impacting the campus community; and
   • Ongoing treatment needs and treatment plan.
2. Students may be asked to sign a Release of Information authorizing the Director of the Hazen Center for Integrated Care and/or the Associate Director of the Counseling Center to communicate with their Licensed Mental Health Provider(s), including the psychiatrist and therapist(s) primarily involved in their care; and
3. Students may be required to meet with a university official(s) to assist in ascertaining their fitness and readiness to return to the University. 

An Administrative Review Board will be convened to review a student’s eligibility for return to the University and the student will be informed of the Board’s decision in writing, normally within 30 days of the Board meeting.

Links to Related Procedures and Information

Academic Success Center

Basic Needs Resources for Students

Financial Aid Office

Hazen Center for Integrated Care

Incomplete Grades Application Process

Student Behavioral Consultant Team

Temporary Academic Leave Policy

Withdrawal from Courses Information

Contact Information

Vice President for EMSA or (585) 395-2137.

History (in descending order)

Approval

This policy was approved by President’s Cabinet on 2021-10-08