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2006-2007 Student Handbook - University of the Incarnate Word

2006-2007 Student Handbook - University of the Incarnate Word

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What should I do if I am uncertain about what happened?If you believe that you have experienced a non-consensual sexual contact, but are unsure <strong>of</strong> whe<strong>the</strong>r it wasa violation <strong>of</strong> <strong>the</strong> university’s sexual misconduct policy, you should contact <strong>the</strong> Dean <strong>of</strong> Campus Life. Theuniversity provides counselors who can help you to define and clarify <strong>the</strong> event(s), and advise you <strong>of</strong> youroptions.Section 26Involuntary <strong>Student</strong> Withdrawal Policy and Procedures for AddressingDisruptive Behavior<strong>University</strong>-Initiated Withdrawal1. If a student is behaving in a way which is threatening to <strong>the</strong> student or o<strong>the</strong>rs, or whichsignificantly interferes with <strong>the</strong> student’s education or <strong>the</strong> rights <strong>of</strong> o<strong>the</strong>rs, <strong>the</strong> Dean <strong>of</strong> CampusLife may initiate <strong>the</strong>se procedures. The first step will be to determine an appropriate initial action.The primary alternatives for initial Continue in university activities with no restrictions. Theuniversity may take no action if it is decided, based on review <strong>of</strong> <strong>the</strong> referral information or o<strong>the</strong>rinformation presented, that <strong>the</strong> student may be allowed to continue with no restrictions. In thosecases, care should be taken to provide opportunity for <strong>the</strong> student to be advised <strong>of</strong>accommodations and supportive services that are available. In cases where <strong>the</strong>re are conductactions pending, those actions should go forward.2. Continue in university activities pending fur<strong>the</strong>r proceedings. The university may require thatstudents meet certain conditions regarding <strong>the</strong> student’s behavior over a specified period <strong>of</strong> time ifhe/she is to remain enrolled, such conditions here could include, for example, stopping classroomdisruptiveness, or continuing only if <strong>the</strong> student avails him or herself <strong>of</strong> supportive services oraccommodation arrangements. Failure to comply with <strong>the</strong> conditions, coupled with fur<strong>the</strong>rdisruptive behavior, may result in having additional conduct complaints added to any that werepreviously pending or deferred. At no point will <strong>the</strong> university engage in a behavioral contract oragreement with a student whose behaviors indicate harm or danger to any member <strong>of</strong> <strong>the</strong>community.3. Remaining enrolled at <strong>the</strong> university subject to conditions but without eligibility for universityownedresidential agreement. Normally under <strong>the</strong>se conditions are warranted because undercertain circumstances, where o<strong>the</strong>r students’ living and learning environment is very likely to bedisrupted by a student’s behavior, <strong>the</strong> <strong>University</strong> will have <strong>the</strong> option <strong>of</strong> allocating alternative andmore suitable living accommodations if such are available, or <strong>of</strong> terminating <strong>the</strong> accommodationagreement.4. Suspension <strong>of</strong> studies and/or separation from campus. If <strong>the</strong>re is a pervasive pattern <strong>of</strong> disruptiveor threatening behavior, or behaviors that are assaultive, suicidal, self-injurious or self-neglectfulwhich present an imminent risk <strong>of</strong> injury to <strong>the</strong> student or o<strong>the</strong>rs <strong>the</strong> student may be suspendedfrom studies and/or and ordered <strong>of</strong>f campus. In those situations, an interim hearing will bescheduled as soon as possible to determine if <strong>the</strong> interim suspension will continue.Basis for Interim or Permanent Involuntary Medical WithdrawalThe university may withdraw a student if it is determined to be more likely than not that <strong>the</strong> student isengaging in or likely to engage in behavior which poses a significant danger <strong>of</strong> causing harm to <strong>the</strong> student,to o<strong>the</strong>rs or to substantial property rights, or which renders <strong>the</strong> student unable to engage in basic requiredactivities necessary to obtain an education, or that substantially impedes <strong>the</strong> lawful activities <strong>of</strong> o<strong>the</strong>rs.Status <strong>of</strong> Conduct ProceedingsIf <strong>the</strong> student has been accused <strong>of</strong> a violation <strong>of</strong> <strong>the</strong> <strong>Student</strong> Code <strong>of</strong> Conduct, but it appears that <strong>the</strong> studentis not capable <strong>of</strong> understanding <strong>the</strong> nature or wrongfulness <strong>of</strong> <strong>the</strong> action, this medical withdrawal policymay be activated prior to issuance <strong>of</strong> a determination in <strong>the</strong> conduct process.87

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