Withdrawal from the University for Seriously Disruptive Behavior

When a student engages in behavior that violates the K-State Student Code of Conduct, it should be channeled through the K-State Student Judicial Program or the Honor and Integrity System, as appropriate. However, sometimes a student engages in seriously disruptive behavior that requires swift intervention. “Seriously disruptive behavior” is defined as behavior that is disruptive to the maintenance of the academic environment, destructive to University property, or constitutes a threat to the well being of the student or others. In such cases, the procedures outlined below should be followed.

I. Responses to Seriously Disruptive Behavior

A. When a student has voiced intent and/or exhibits behaviors that require immediate intervention (e.g. active suicidal threat or behavior, active homicidal threat or behavior, etc.), these steps should be taken:

1. The concerned party will notify the K-State university police to assure safety and to initiate appropriate action.

2. The K-State police will notify the Office of Student Life.

3. The Office of Student Life will evaluate and determine the appropriate response(s), including but not limited to:

a. Referral to the Vice President of Student Life for immediate disposition

b. Referral to the Critical Incident Response Team (CIRT)

c. Referral to Administrative Review

d. Referral to Student Judicial Program

B. When a student evidences behaviors that are seriously disruptive, but not of immediate risk of harm to self or others, these steps should be followed:

1. The concerned party will notify the Office of Student Life.

2. The Director of the Office of Student Life, in the interests of timing and sensitivity to the immediate needs of all parties, will evaluate and determine the appropriate response, including but not limited to:

a. Referral to the Vice President of Student Life for immediate disposition

b. Referral to the Critical Incident Response Team (CIRT)

c. Referral to Administrative Review

d. Referral to Student Judicial Program

e. Referral to Honor and Integrity System

If, while evaluating the situation, the Director of the Office of Student Life or the CIRT suspects that the seriously disruptive behavior may be related to a diagnosable mental disorder or other condition, the following steps should be taken:

II. Voluntary Withdrawal from the University

A. The matter will be referred to the Director of Student Life.

B. The Director of Student Life or designee will counsel with the student and/or his/her parent(s), guardian(s), and/or spouse/partner to explore possible reasonable accommodations that would eliminate or sufficiently reduce the disruption, to explore a voluntary withdrawal of the student, and to facilitate referral to appropriate community resources (e.g.: treatment and counseling resources).

C. Upon voluntary withdrawal because of behavior concurrent with a diagnosed mental disorder, the University will provide conditions and requirements necessary for reinstatement.

D. Steps should be taken to minimize potential financial and academic loss.

III. Involuntary Withdrawal from the University

A student who does not withdraw under conditions described in Section II may be considered for involuntary withdrawal (as opposed to dismissal pursuant to the Student Code of Conduct) if the seriously disruptive behavior may be related to a diagnosable mental disorder or other condition. In this case, the following procedure should be followed:

A. The Director of Student life may refer the student for evaluation to a mutually agreed upon off-campus licensed psychologist or psychiatrist to determine the effect of the mental health issue on the behavior, and the prognosis for continuation of such disruptive behavior.

1. The cost of this evaluation may be borne by the University.

2. The student will be informed of this mandatory referral for evaluation in writing and will also be provided with a copy of this policy.

3. The Director of Student Life or designee may require a suspension pending the results of this evaluation.

4. The evaluation should be completed within ten (10) University business days from the date of receipt of the referral letter.

5. The student will sign a release permitting all relevant information to be provided to the Director of Life or designee.

6. The results of the evaluation will be sent to the Director of Student Life or designee.

B. Should the evaluation result in a determination that there is no apparent threat to the safety of self or others, no inability to satisfy personal needs that might lead to serious physical circumstances or death within a short period of time, and no apparent threat to property, to the lawful activities of others, or to the educational processes and orderly operations of the University, further procedures under this policy may cease. The Director of Student Life or designee may determine that no further action under this under this policy is necessary, and may refer the matter for action under another University policy.

C. If either of the above determinations is based on the student’s continued compliance with treatment, the student will be required to meet with the Director of Student Life and other members of CIRT, if necessary, to develop an administrative resolution with behavioral expectations.

D. Should the evaluation result in the determination by the Director of Student Life that it is in the best interest of the student and/or the University community that the student be involuntarily withdrawn from the University, the student shall be informed in writing of this determination and of the student’s right to an appeal under section IV below. If the student does not file a timely appeal, the Vice President of Student Life or designee will issue a letter to the student of the final decision based on the Director of Student Life’s determination.

E. The University may permit the student to withdraw voluntarily at any time prior to the conclusion of the involuntary withdrawal process.

F. If the student is unable or unwilling to cooperate in the mandatory evaluation process, the University will make its decision based on the best available information.

G. Where the University seeks to involuntarily withdraw the student who is a qualified individual with a disability on the basis that the student poses a “direct threat” within the meaning of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, the University will make an individualized assessment as follows:

1. The direct threat analysis and determination will be based on an individualized assessment that relies on current medical evidence, or on the best available objective evidence, to assess: (1) the nature, duration, and severity of the risk; (2) the probability that the potential injury will actually occur; and, (3) whether reasonable modifications of the University’s policies, practices, or procedures, or the provision of auxiliary aids and services, will mitigate the risk. If necessary, the University will consult with individuals with in-depth knowledge and experience in the area of the student’s disability as part of the direct threat determination. The conclusion that a direct threat will not be based solely on speculation about future risk.

2. Where safety is of immediate concern, the University may set interim conditions on the student while completing the assessment. The University will give the student notice of the University’s actions and will provide minimal due process.

3. If the University determines that a student pose a direct threat to others, the University may condition the student’s future receipt of a benefit or service upon the student’s provision of documentation showing that the student is no longer a threat. Such evidence may include, but not be limited to, a treatment plan or periodic reports from a physician. The University will not, however, condition the provision of a benefit or service upon a showing by a student that he or she has eliminated behaviors that are a manifestation of a disability, unless such behavior significantly contributed to the direct threat.

4. The Dean of Student Life and Dean of the Graduate School may deny or rescind admission or suspend or dismiss a student who is determined to be a direct threat to the health or safety of others. The Dean of Student Life or Dean of the Graduate School will inform the student of the determination and provide a copy of this policy and explain the appeal procedures.

IV. Appeal

A student may request a hearing before the Vice President of Student Life or designee to appeal the determination by the Director of Student Life that the student be involuntarily withdrawn. If the student wishes to appeal the Director of Student Life’s determination, the following provisions will apply:

A. The student must submit a written request to the Vice President of Student Life or designee within three (3) University business days from the date of receipt of the Director of Student Life’s determination letter.

1. The hearing date will normally be set within seven (7) University business days following the request.

2. Pending completion of the hearing, the student is subject to interim involuntary suspension, but may be allowed to be on the campus to attend the hearing or for other necessary purposes, as authorized in writing in advance by the Vice President of Student Life or designee.

B. The student will be requested to authorize the Vice President of Student Life or designee and other hearing participants to have access to relevant materials deemed necessary for the hearing process. If the student refuses to grant access to the records for the parties involved, the hearing will proceed without the requested information.

C. The student shall be informed in writing of the Vice President of Student Life or designee’s decision and reasons for that decision, as soon as practical following the hearing. The decision of the Vice President of Student Life or designee is effective upon being conveyed to the student and is final.

V. University action after an involuntary withdrawal because of behavior concurrent with a diagnosed mental disorder

A. Upon involuntary withdrawal because of behavior concurrent with a diagnosed mental disorder, the University will provide conditions and requirements necessary for reinstatement.

B. Reasonable efforts should be made to refer the student for appropriate mental health services.

C. Reasonable steps may be taken to minimize potential financial and academic loss through such means as prorated refund of housing and academic fees.

VI. Reinstatement after a Voluntary or Involuntary Withdrawal from University.

Reinstatement of a student who had been withdrawn for reasons of disruptive behavior concurrent with a diagnosed mental disorder is only with approval of the Vice-President for Student Life or designee. The reinstatement process would include the following steps:

A. The former student would submit a letter to the Vice President of Student Life requesting reinstatement, and include a copy of a recent evaluation by a licensed psychologist, psychiatrist, or other licensed mental health professional showing that the disruptive behaviors leading to the withdrawal are being adequately managed. This evaluation would be initiated and paid for by the student, not by the University.

B. The Vice President of Student Life or designee will review the letter and the evaluation results, as well as the conditions and requirements for reinstatement, to determine whether the conditions and requirements have been met. The VP will make a decision based on consideration of this information.

C. The Vice-President or designee will notify the Dean of the College in which the student is to enroll or re-enroll of the reinstatement decision.