22 Administrative Separation and Procedures for Readmission (2017)

The University of New Hampshire reserves the right to take reasonable and appropriate action to protect the safety and wellbeing for the campus community. This may involve disciplinary action or involuntary administrative separation.

22.1 Administrative Separation for Off-Campus Criminal Charges

The University finds that when a student faces a serious criminal charge, the process of defending against the charge can impose significant anxiety and substantially interfere with the student’s academic progress. When a student is charged with a felony crime or a crime with a maximum sentence over one year and the charge relates to homicide, assault, sexual assault, burglary, criminal threatening, fraud, distribution of illegal drugs, possession of substantial quantities of illegal drugs, or crime of violence, the student shall be administratively separated from the University pending resolution of the criminal charge or charges. During the period of separation, the student’s access to campus shall be restricted. The Associate Dean of the student’s college will be notified and, in turn, will notify the student’s faculty of the separation.

When it has been reported that a student has been charged with a felony crime as described above, the Assistant Vice President for Student and Academic Services (AVPSAS) or designee shall send a letter to the student with notification of the separation and inviting the student to meet. The purpose of the meeting shall be to provide the student with an opportunity to challenge the separation and to request reconsideration. If the student does not schedule a meeting within ten calendar days of receiving the letter, the separation will become an administrative withdrawal. If the student does request a meeting within ten calendar days of receiving the letter, that meeting will be scheduled as promptly as possible and the AVPSAS or designee shall communicate the outcome of that meeting within three calendar days.

If the administrative separation is upheld by the AVPSAS or designee, the student will have the opportunity to appeal to the Vice Provost for Student Affairs and Dean of Students (VP/DOS) who may grant the student’s request to continue his or her studies when an error has been made in determining that the student should be separated, or in extraordinary cases where there is no evidence that the student presents any risk of harm or criminal behavior to the University Community. The appeal request must be received by the VP/DOS by no later than five calendar days after the student receives the letter from the AVPSAS or designee. If the student does not appeal to the VP/DOS, the administrative separation shall be changed to an administrative withdrawal. The Associate Dean of the student’s college will be notified and, in turn, will notify the student’s faculty of the administrative
withdrawal.

If the student does choose to appeal to the VP/DOS, the decision on that appeal will be communicated in writing to the student within three calendar days. At that time, the Associate Dean of the student’s school or college will be notified and in turn will notify the student’s faculty of the final outcome of the process which could be either administrative withdrawal or lifting of the administrative separation.

Students who withdraw for reasons of pending criminal charges, whether voluntarily or are separated by administrative action, must apply for readmission through the Office of Undergraduate Admissions or the Graduate School. Readmission shall be contingent upon receipt by the appropriate Director(s) or their agents of documentation regarding the outcome of any criminal proceedings. This policy does not preclude the University from taking appropriate conduct action. (ad)

22.2 Administrative Separation and Reinstatement for Reasons of Health Related Behaviors

The Senior Vice Provost for Student Life, Dean of Students [the Dean of Students] or designee, in consultation with the Behavioral Intervention Team, may temporarily separate a student from the university for reasons relating to impaired mental/physical health when such student’s health related behaviors:

1. pose a direct threat of substantial harm to health or safety of the student or other members of the University community,

2. and/or when the student’s health-related behaviors significantly disrupt the ability of other University community members to fulfill the University’s mission and (A) the student’s continued participation in the University’s educational programs would require modifications that would be unreasonable or would fundamentally alter the nature of those programs; or (B) the student rejects all reasonable modifications offered by the University and the student cannot meet the University’s essential eligibility requirements to continue to participate in its educational programs; or (C) even with the provision of all of the reasonable modifications offered by the University, the student cannot meet the University’s essential eligibility requirements, which satisfy the requirements of 28 C.F.R. § 35.130(b)(8).

Examples of behaviors that may be found to require administrative separation include but are not limited to:

a. continuing disruptive behaviors after being instructed by a University official to stop

b. failing to complete a mandated individualized assessment or comply with the conditions of a reasonable support plan

c. presenting a direct threat of harm to others.

Process: Prior to placing a student on administrative separation the University, acting through the Dean of Students, shall apply the following standards and procedures:

a. Except in emergency circumstances, the University shall conduct an individualized assessment of each student and give careful consideration to the opinions and recommendations of the student’s treating physician or mental health professional, if available, together with the opinions and recommendations of the healthcare professionals consulted by the University. The University shall encourage the student to provide any other additional information that the student believes is relevant to the determination. The University shall respect the student’s confidentiality, and only require the student to provide a medical release for access to the student’s medical and mental health records as reasonably necessary to complete its individualized assessment.

b. Based on the individualized assessment, the University shall determine whether, and what, reasonable modifications can be made that would be effective to allow such student to continue to attend classes and otherwise participate in its educational programs while seeking treatment for, or recovering from, any related medical or mental health conditions. However, in the event that the University also considers whether the student poses a direct threat to the health or safety of self or others, the University’s individualized assessment must be based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

c. The University may impose administrative separation if: (A) after the individualized assessment, and review and consideration documented by the University, the Dean of Students or the Dean’s designee concludes that the student’s continued participation in its educational programs would require modifications that would be unreasonable or would fundamentally alter the nature of those programs; (B) the student rejects all reasonable modifications offered by the University and the student cannot meet the University’s essential eligibility requirements to continue to participate in its educational programs; or (C) even with the provision of all of the reasonable modifications offered by the University, the student cannot meet the University’s essential eligibility requirements, which satisfy the requirements of 28 C.F.R. § 35.130(b)(8). If the University decides to impose a mandatory leave of absence, it will advise the student of available grievance procedures should the student wish to challenge the decision.

d. At the time of imposing an administrative separation the Dean of Students or designee, shall provide a letter to the student that describes the behaviors and the grounds for the separation. The letter shall:

i. invite the student to meet with the Dean of Students for the purpose desribed in paragraph g. below.

ii. notify the student of the student’s right to appeal with the Senior Vice Provost for Academic Affairs after the meeting with the Dean.

iii. notify the student of any conditions on reinstatement and the process for seeking reinstatement.

The administrative separation shall be effective immediately. The student may not attend class, shall move out of any University housing, and shall be barred from campus.

e. The University may, and often will, offer a student an opportunity to request a voluntary health leave of absence through the Executive Director of Health & Wellness Services when it determines that a student’s health related behaviors constitute a direct threat to the student’s or others’ safety, or threatens to materially and substantially disrupt the educational or residential environment. The offer of a voluntary leave often will be extended in the context of processes related to administrative separation, are intended to assist students whose health related behaviors constitute a direct threat or substantial disruption to themselves, others and/or the community.

f. Administrative separation is not a punishment and is not intended to be a substitute for other procedures found in the Code of Conduct or Academic Policies and is focused on behaviors not on underlying disabilities. Except in an emergency, administrative separation is taken in consultation with other offices such as the Behavioral Intervention Team, Health & Wellness, Psychological and Counseling Services, Student Accessibility Services, and Affirmative Action and Equity Office (ADA Compliance). The time frames indicated below may be increased by mutual agreement of the student and the Dean of Students. Consideration of administrative separation or the offer of a voluntary leave shall not preclude the initiation of charges under the Student Code of Conduct arising from the student’s behavior.

g. The student may request a meeting with the Dean to discuss the administrative separation within five business days of receiving the letter described in paragraph d. above. The Dean or the Dean’s designee shall schedule the meeting within three business days of receiving the request. The purpose of the meeting is to provide the student with an opportunity to challenge the proposed administrative separation, to share additional health information or recommendations for modifications or accommodations, and request reconsideration of the grounds for the separation or reinstatement. The student may be accompanied at the meeting by a member of the University community. If the student fails to request a meeting within five business days from the beginning of the temporary separation, OR if the temporary separation is upheld at the meeting and the student fails to appeal, OR the decision is upheld upon appeal; the administrative separation shall be changed to an administrative withdrawal and the Dean shall notify other University officials as provided in paragraph i. below. The Dean shall notify the student of the outcome of the meeting.

h. The appeal request must be received by the Senior Vice Provost for Academic Affairs within three business days of receiving notice of the outcome of the (With good cause the Senior Vice Provost for Academic Affairs may grant additional time, not to exceed five days, within which to file such an appeal.) after the student receives the letter from the Dean of Students. Within three business days of receipt of the appeal request, the Senior Vice Provost for Academic Affairs shall review the request and the complete record as compiled by the Dean of Students in considering the appeal, and may request a meeting with the student. Upon completion of the review, and no later than three business days following receipt of the appeal request, the Senior Vice Provost for Academic Affairs shall notify the student in writing of his/her decision to grant or deny the appeal. At this point, the Associate Dean of the student’s school or college will be notified and in turn will notify the student’s faculty of the final outcome.

i. Within three business days of the conclusion of any appeals process, the Dean of Students shall send a letter to the student informing him/her of the outcome. The Associate Dean of the student’s college or school will be notified and will in turn notify the students’ faculty. The student may then appeal the determination to the Vice Provost for Academic Affairs, or designee, on the grounds that the decision made by the Dean of Students was in error or the administrative separation violated UNH policies.

During the period of separation, the student’s access to campus shall be restricted and the Dean of Students of the student’s academic college will be notified of the Administrative Separation and, in turn, will notify the students’ faculty.

Students who are administratively separated, shall apply for readmission through the Office of Undergraduate Admissions or the Graduate School. Readmission shall be contingent upon receipt by the appropriate Director(s) or their agents, of documentation regarding readiness to return from a licensed attending medical authority, licensed social worker, and/or licensed psychologist; to the extent the withdrawal was for a condition that requires ongoing treatment, readmission may also be contingent upon documentation of the prescribed treatment course and the plan for implementation thereof. Readmission may also include a personal interview with either the Dean of Students or designee, the Dean of the Graduate School, or the Associate Dean of the Graduate School. A final recommendation for undergraduate students regarding readmission will be made based on the information received, in consultation with the appropriate University officials(s) and includes the Behavioral intervention Team and be forwarded to the Admissions Office. For graduate students, the Dean of the Graduate School will make the final decision based on the information received, in consultation with the appropriate University official(s).

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