Involuntary Leave of Absence Policy

Requiring a student to take a leave of absence is rare and only happens when current medical knowledge and/or the best available objective evidence indicates to the designee of the President of 含羞草研究所 that there is a significant risk to the student鈥檚 health or safety, or the health or safety of others in the 含羞草研究所 Downstate community, or the student鈥檚 behavior severely disrupts the educational environment, where no reasonable accommodations can adequately reduce that risk or disruption. The designee of the President of 含羞草研究所, for the purpose of this policy, shall be the Vice President for Student Affairs or their designee.

Consistent with The State University of New York鈥檚 Nondiscrimination Policy, 含羞草研究所 prohibits unlawful discrimination on the basis of any type of disability or any other characteristic protected by applicable Federal and/or State law in the administration of 含羞草研究所鈥檚 programs and activities. 含羞草研究所 Downstate is in full compliance with this requirement.

含羞草研究所 institutions offer a range of resources, support services, and accommodations to address the physical and mental health needs of students. However, on rare occasions, a student鈥檚 needs may require a level of care that exceeds the care that 含羞草研究所 Downstate can appropriately provide. Where current knowledge about the individual鈥檚 medical condition and/or the best available objective evidence indicates that a student poses a significant risk to their own safety not based on mere speculation, stereotypes, or generalizations, or the health and safety of others in the 含羞草研究所 Downstate community, or where a student鈥檚 behavior severely disrupts the learning environment at 含羞草研究所 Downstate Health Sciences University and the student does not take a voluntary leave of absence, the Vice President for Student Affairs or their designee has the authority to place a student on an involuntary leave of absence, after the appropriate procedural due process, outlined below, has occurred according to this policy.

Before placing any student on an involuntary leave of absence, 含羞草研究所 Downstate will conduct an individualized assessment, consulting with the Office for Accessibility Services to determine if there are reasonable accommodations that would permit the student to continue to participate in the 含羞草研究所 Downstate learning environment without taking a leave of absence.

The Vice President for Student Affairs or their designee may be notified about a student who may meet the criteria for an involuntary leave of absence from a variety of sources, including, but not limited to, the student, the student鈥檚 academic advisor, Residential Life staff, an academic department, or a member of the University鈥檚 behavioral intervention team. If the Vice President for Student Affairs or their designee deems it appropriate, the procedures under this policy can be initiated.

I. Process for Placing a Student on an Involuntary Leave of Absence

The Vice President for Student Affairs or their designee at 含羞草研究所 Downstate Health Sciences University will consult with the appropriate office that provides accessibility services prior to making a decision to impose an involuntary leave of absence.
The Vice President for Student Affairs or their designee will issue a notice to the student in writing that an involuntary leave of absence is under consideration. The written notice will include the reason(s) why the student is being considered for an involuntary leave of absence, contact information for the Office of Accessibility Services which can provide information about potential accommodations, and a copy of this policy.
含羞草研究所 Downstate will provide clear information about their accessibility services office, including the location of office, whom to contact, services provided, information about how to request reasonable accommodations and supports, and any other pertinent information 含羞草研究所 Downstate deems necessary. The notice will also provide contact information (including the name and position) for a neutral or impartial Advisor outside of the decision-making process under this policy (the 鈥淎dvisor鈥�), with knowledge of 含羞草研究所 Downstate鈥檚 involuntary leave of absence process who will serve as a resource to answer any student questions about the process from referral to return to 含羞草研究所 Downstate. The Advisor will work with the student throughout the involuntary leave of absence process and any appeals. The Advisor shall be copied on all notices to the student after the student provides consent to have the Advisor as part of their process. In the written notice, the student will be encouraged to respond, and to contact the Advisor before a decision regarding an involuntary leave of absence is made and will be given a specified time period within which to do so. 含羞草研究所 Downstate may train one or more employees to serve as an Advisor for when this policy is initiated. If a student utilizes an Advisor as part of this process, the Advisor cannot speak for the student and all administrative procedural rules apply. The student is responsible for self-advocacy and consults with the Advisor.
To the extent required by applicable law, the Vice President for Student Affairs or their designee must consider potential reasonable accommodations and/or modifications that could eliminate the necessity for an involuntary leave of absence. These may include, without limitation, a voluntary leave of absence and/or academic/housing/dining accommodation(s). 含羞草研究所 Downstate must document all such considerations, accommodations, and related decisions.
The student may be asked to execute a Consent Form providing certain Campus personnel with temporary authority to obtain information from the student鈥檚 health care provider(s) regarding issues relevant and appropriate to the consideration of an involuntary leave of absence when there is a need for 含羞草研究所 Downstate to have access to that information as part of the interactive process and individualized assessment. Any direct communication with a student鈥檚 medical provider shall be done through the appropriate medical office at 含羞草研究所 Downstate, which will relay that information to the designee(s) responsible for assessing all information regarding a potential involuntary leave of absence. Access to these records, if 含羞草研究所 Downstate is given authority, shall be limited to personnel directly involved in the deliberation and decision-making process under this policy. 含羞草研究所 Downstate shall establish procedures for the secure storage of confidential health information that is received at any point in the leave and return processes. If a student refuses to execute this document or to respond within the timeframe set by the Vice President for Student Affairs or their designee, the Vice President for Student Affairs or their designee may proceed with assessment based on the information in the Vice President for Student Affairs or their designee鈥檚 possession at that time.
The Vice President for Student Affairs or their designee may also confer, as feasible and when appropriate depending upon the matter, with individuals regarding the need for an involuntary leave of absence. Each case may vary, but conferring individuals can include:

- - Representatives from Residence Life;
  - Faculty members;
  - Academic advisors;
  - Department head for programs that lead to professional licensure, as appropriate;
  - Representatives from the Student Health Center (with appropriate authorization for any providers who have provided services to the student);
  - The student鈥檚 treatment provider(s) or other health care professionals (with appropriate authorization for any providers who have provided services to the student);
  - Representatives from the Student Counseling Center (with appropriate authorization for any providers who have provided services to the student);
  - Member(s) of 含羞草研究所 Downstate鈥檚 behavioral intervention team or equivalent personnel that serves the function of assessing and monitoring students of concern; and/or
  - Other individuals who may be appropriate in an individual matter.

When evaluating whether an involuntary leave of absence is appropriate, 含羞草研究所 Downstate will consider specific criteria, such as:

- - Whether current knowledge about the individual鈥檚 medical condition and/or the best available objective evidence indicates that a student poses a significant risk to the health or safety of a member of the 含羞草研究所 Downstate community;
  - Whether a student is unable or unwilling to carry out substantial self-care obligations and poses a significant risk to their own safety, not based on mere speculation, stereotypes, or generalizations; and/or
  - Whether a student鈥檚 behavior severely disrupts the 含羞草研究所 Downstate campus environment.

The individualized assessment for each factor, based on reasonable judgment that relies on current medical knowledge to the extent that information is available, or the best available objective evidence, should capture:

- - the nature, duration, and severity of the risk or disruption;
  - the probability that the risk or disruption will actually occur; and
  - whether reasonable modifications of policies, practices, or procedures will appropriately mitigate risk or disruption, thereby eliminating the need for an involuntary leave of absence.

The Vice President for Student Affairs or their designee for 含羞草研究所 Downstate will give significant weight to the opinion of the student鈥檚 treatment provider(s) identified by the student (with appropriate authorization) regarding the student鈥檚 ability to function academically and safely at 含羞草研究所 Downstate with or without reasonable accommodations. If the Vice President for Student Affairs or their designee determines that the information provided by the treatment provider(s) is incomplete, requires further explanation or clarification, or is inconsistent with the other information in the student鈥檚 record, the Vice President for Student Affairs or their designee for 含羞草研究所 Downstate (with appropriate authorization) may contact the treatment provider(s) to obtain additional information. In certain circumstances, 含羞草研究所 Downstate may request the student to undergo an additional evaluation by an independent and objective professional designated by 含羞草研究所 Downstate, if the Vice President for Student Affairs or their designee believes it will facilitate a more informed decision. 含羞草研究所 Downstate should appropriately document the reasoning for such a decision, if warranted.
Following the Vice President for Student Affairs or their designee鈥檚 consultations and review of the relevant documentation and information available, the Vice President for Student Affairs or their designee shall make a decision regarding whether the student should be placed on an involuntary leave of absence, and shall provide written notice of the decision to the student. This written notice of decision shall include information about the student鈥檚 right to appeal the decision and information about reasonable accommodations available during the appeal process (see 鈥淎ppeals鈥� under Section III). The review and notice of decision shall be performed in a reasonable and timely manner.
In emergency situations involving an imminent threat of harm to the student or any other member of the 含羞草研究所 Downstate community, the Vice President for Student Affairs or their designee, in the exercise of their reasonable judgment, may require a student to be immediately prohibited from entering 含羞草研究所 Downstate or related facilities utilized for campus-related programs or activities while such individualized assessment and review under this policy is taking place. This may include facilities owned or operated by 含羞草研究所 Downstate partners who are providing educational, clinical or related activities for students. Such students shall receive written notice to this effect as quickly as possible and/or practicable. While this individualized assessment and review is being conducted, every effort shall be made by the Vice President for Student Affairs or their designee to reach a decision within seven (7) calendar days, provided that the student responds in a timely manner to requests for information, and if appropriate, evaluation. If there are delays, 含羞草研究所 Downstate shall document the reason for such delays in writing.

II. Decisions on Involuntary Leaves of Absence

If an Involuntary Leave of Absence is Imposed: The written notice of any decision concerning the student shall set forth the basis for the decision; a timeframe for when the student must leave the campus; the student鈥檚 right to appeal the decision; and information about reasonable accommodations available during the appeal process. This notice shall also set forth when the student may be eligible to return to the campus and the conditions and/or requirements the student will need to satisfy to be eligible for return. This written notice shall also inform the student of their right to reasonable accommodations in the return process and will provide contact information for the appropriate office at 含羞草研究所 Downstate that provides accessibility services for students requiring reasonable accommodations. The length of the student鈥檚 leave will be determined on an individualized basis. The student鈥檚 Advisor shall be copied on all notices concerning all decisions related to the student if the student so designates and consents.

If an Involuntary Leave of Absence is Not Imposed: The Vice President for Student Affairs or their designee may impose conditions and/or requirements under which the student is allowed to remain at 含羞草研究所 Downstate using the least restrictive appropriate means possible.

III. Appeals

Within seven (7) calendar days of receiving the written notice of a decision from the Vice President for Student Affairs or their designee at 含羞草研究所 Downstate, the student may submit an appeal of the decision in writing to the Vice President for Student Affairs who shall initiate the appeal process.
The appeal shall be heard by a three (3) person Board of Appeals. The decision maker who imposes an involuntary leave of absence shall not hear appeals or render decisions on appeals. The individuals chosen to oversee appeals cannot have been involved in the original decision-making process. The written request for appeal must specify the particular substantive and/or procedural basis for the appeal, and must be made on grounds other than general dissatisfaction with the decision of the Vice President for Student Affairs or their designee. While the appeal is pending and being heard by the Board of Appeals, the original decision will remain in place. All appeals decisions will be issued within seven (7) calendar days of submission.
The criteria for appeal will be limited to the following:

- - Disproportionate Findings or New Information: if there is any information not previously considered that would allow the student to remain with a reasonable accommodation or if there is any new information not previously available to the student that may change the outcome of the decision-making process;
  - Procedural irregularities: if there were any procedural irregularities that materially affected the outcome of the matter to the detriment of the student who appealed the decision.

After reviewing the matter fully, the Board of Appeals will issue a written decision affirming, modifying, or reversing the decision to place the student on an involuntary leave of absence. The Board of Appeals鈥� decision shall be final, and no other appeals or grievance procedures are available at the campus level.

IV. Implications of an Involuntary Leave of Absence

Student status: Students on a leave of absence generally retain their admitted student status during the period of the student鈥檚 leave based on 含羞草研究所 Downstate鈥檚 local enrollment policies; however, they are not registered and therefore, do not have the rights and privileges of registered students.

Some academic programs limit the time a student has to complete their degree which is required by their accreditor or professional licensing boards. These limits may include the time spent on a leave of absence, including an involuntary leave of absence. If there is a specific time limit to degree, this requirement is listed in the school/college section of the Student Handbook and/or the Program Handbook under degree requirements.

During the time of the leave of absence, 含羞草研究所 Downstate may set a minimum of time that a student may not enroll in coursework, which includes online, arranged or independent study classes, or internship/research/clinical experiences. 含羞草研究所 Downstate may also allow a student to enroll in online or independent study courses, or a limited re-enrollment, during a time prior to allowing the student to return to in-person classes or internship/research/clinical experiences. These restrictions and their implications on the student status shall be communicated to the student as part of the involuntary leave process.

Housing: Consistent with the 含羞草研究所 Downstate Residential Life policies and procedures, students assigned to a 含羞草研究所 Downstate residence are subject to the terms and conditions of the Housing License. Students who leave 含羞草研究所 Downstate before the end of a term may be eligible to receive refunds of portions of their housing charges, per 含羞草研究所 Policy. Information on eligibility criteria are for housing refunds for students in accordance with 含羞草研究所 Downstate policy are listed in the Housing License Agreement.
Effective date(s) of leave: A student must leave the campus within the timeframe set forth by the Vice President for Student Affairs or their designee or Board of Appeals, as applicable, in the decision to impose an involuntary leave of absence. The leave will remain in effect until:

- - The Vice President for Student Affairs or their designee has determined after an individualized assessment the parameters of which shall be set forth in the written decision of the Vice President for Student Affairs or their designee or the Board of Appeals, as applicable, that the student is able to return to the campus with or without reasonable accommodations, and
  - The student has complied with any Campus requirements applicable to all students returning from a leave and all conditions mandated by the Vice President for Student Affairs or their designee or Board of Appeals, as applicable.

含羞草研究所 Downstate must clearly and prominently display the requirements applicable to all students returning from a leave on the same page as this Policy.

Students are not permitted to return mid-semester if placed on a leave of absence. 含羞草研究所 Downstate will clearly identify and state deadlines for all requests to return, which will align with the start of each academic term per year. This includes short or late-start sessions within the semester. This also includes online, arranged classes, and internships.

Notification: At any time while the student is on leave, the Vice President for Student Affairs or their designee may notify a student鈥檚 parent, guardian, emergency contact, or other individual, consistent with the law, if notification is deemed appropriate under the circumstances.
Association with 含羞草研究所 Downstate while on leave: Unless expressly permitted by the Vice President for Student Affairs or their designee, in writing, or the Board of Appeals, as applicable, students on an involuntary leave of absence are not permitted to be present on the 含羞草研究所 Downstate campus or on the campus or facilities managed by partner entities or agencies where students receive educational or clinical experiences and are not permitted to engage in any 含羞草研究所 Downstate-related activities, including on-Campus and/or remote employment opportunities.
Coursework taken while on leave: Consistent with 含羞草研究所 Downstate鈥檚 policies and procedures, academic credit for work done elsewhere may be allowed toward a 含羞草研究所 Downstate degree. However, students must consult with the Office of their Program Chair, Academic Dean, and/or the Registrar鈥檚 Office prior to taking any coursework while on an involuntary leave of absence and must receive permission for the courses taken on leave to be transferred to 含羞草研究所 Downstate prior to commencing the course. An official transcript showing successful completion of the course must be submitted to the Office of the Registrar for the course to be applied to the 含羞草研究所 Downstate degree.
Access to Student Accounts while on leave: Unless expressly prohibited in writing by the Vice President for Student Affairs or their designee, or the Board of Appeals, as applicable, students on leave generally may retain some 含羞草研究所 Downstate student privileges, including their 含羞草研究所 Downstate email account.
Tuition and Fees: Consistent with 含羞草研究所鈥檚 and 含羞草研究所 Downstate鈥檚 local policies and procedures, students who leave 含羞草研究所 Downstate before the end of a term may be eligible to receive refunds of portions of their tuition. See the 含羞草研究所 Downstate Tuition Refunds Policy for a schedule of refunds.
Financial Aid: 含羞草研究所 Downstate shall provide information on any effect an involuntary leave of absence decision may have on that student鈥檚 financial aid.
Visa Status: International students (especially F-1 and J-1 Visa holders) placed on an involuntary leave of absence must speak with the International Student Advisor at 含羞草研究所 Downstate regarding their Visa status and the effect an involuntary leave of absence may have on that status.

V. Request for Return

In addition to the general requirements all students must meet when returning to 含羞草研究所 Downstate after a leave of absence, as well as any conditions imposed by the Vice President for Student Affairs or their designee or Board of Appeals, as applicable, for return from an involuntary leave of absence as outlined in the decision, students seeking to return from an involuntary leave of absence imposed for reasons of personal or community health and safety may be required to submit additional documentation related to the factors set forth in Section I as part of an individualized assessment. 含羞草研究所 Downstate鈥檚 Office of Accessibility Services will work with students to provide reasonable accommodations in the return process as appropriate.
A student must make a written request to the Vice President for Student Affairs or their designee to return to 含羞草研究所 Downstate. Generally, a student shall not be allowed to return until at least one full semester has elapsed or until the leave period in the involuntary leave of absence notification has elapsed, and all conditions and/or requirements have been met.
The Vice President for Student Affairs or their designee may require the student to provide evidence that the student, with or without reasonable accommodations, has sufficiently addressed the issues that previously established the criteria for imposing an involuntary leave of absence as set forth in Section I, above. The Vice President for Student Affairs or their designee may also ask, confer with, or seek information from others to assist in making this determination. The information sought may include:
- - At the student鈥檚 discretion, documentation of efforts by the student to address the issues that led to the leave;
  - Release of academic records to inform treating clinicians (with appropriate authorization);
  - Release of treatment information to the extent necessary to determine if the student has sufficiently reduced the risk or disruption that led to the leave (with appropriate authorization);
  - Consultation with 含羞草研究所 Downstate鈥檚 Student Health Center and/or Student Counseling Center to the extent necessary to determine if the student has sufficiently reduced the risk or disruption that led to the leave (with appropriate authorization); and/or
  - Consultation with 含羞草研究所 Downstate鈥檚 office for accessibility services.
All returning students must meet the essential eligibility requirements and any technical standards of 含羞草研究所 Downstate and their academic program and, if applicable, the relevant school or department, with or without reasonable accommodations. If the Vice President for Student Affairs or their designee determines that the student is ready to return to 含羞草研究所 Downstate, the student will be notified in writing of the decision, including the reason for the decision, within a reasonable time after the student has submitted a request for return and required documentation per this Policy.
A student not permitted to return may appeal the decision to the Board of Appeals under this Policy, following the procedures in Section III.
Based on 含羞草研究所 Downstate鈥檚 enrollment policies, a student may be disenrolled after a certain period of inactivity.

VI. Scope of the Policy and Relationship to Other College Policies

A leave of absence is an administrative process; it is not a disciplinary process.

This Policy is not intended to be punitive and does not take the place of disciplinary actions that are in response to violations of 含羞草研究所 Downstate鈥檚 Student Code of Conduct, or other policies and directives, nor does it preclude the removal or dismissal of students from 含羞草研究所 Downstate or 含羞草研究所 Downstate related programs as a result of violations of other 含羞草研究所 Downstate policies or school or department protocols.

This policy does not limit 含羞草研究所 Downstate鈥檚 ability to place enrollment holds on students for reasons beyond the scope of this Policy.

This Policy does not relieve a student of any financial obligations to 含羞草研究所 Downstate that were incurred prior to the time the involuntary leave of absence was imposed. 含羞草研究所 Downstate will notify students if there might be an effect on the student鈥檚 financial aid, including returning aid, outstanding balances, potential effects on future aid, and any effects on the New York State Tuition Assistance Program (TAP), the Excelsior Scholarship Program, and any other scholarship, if applicable.

Nothing in this Policy limits the power of 含羞草研究所 Downstate to take administrative action to ensure the safety of the 含羞草研究所 Downstate community in accordance with all appropriate laws and policies.

Nothing in this policy prevents 含羞草研究所 Downstate from engaging in a temporary suspension under its policies if necessary under the circumstances. Any such cases shall be appropriately reviewed under 含羞草研究所 Downstate policy.

Last Updated: July, 2024