2006-2007 Student Handbook - University of the Incarnate Word

Students subject to conduct proceedings who wish to introduce relevant information of such lack ofcapacity must so inform the Dean of Campus Life in writing at least two business days prior to any conducthearing. If the Dean of Campus Life determines that the information may have merit, the conductcomplaint will be held in abeyance and procedures will be initiated to investigate resolution of the matter inaccordance with this policy and procedures.If the student is ordered to be medically withdrawn from the university, or another action is taken underthese provisions following a finding that the student’s behavior was the result of a lack of capacity, suchaction terminates the pending conduct action. If the student is found not to be subject to medicalwithdrawal or other action under this section, conduct proceedings may be reinstated.Referral for EvaluationThe Dean of Campus Life may refer a student for evaluation by an independent licensed psychiatrist orpsychologist chosen by the institution if it is believed that the student may meet the criteria set forth in thispolicy or if a student subject to conduct proceedings provides notification that information concerning amental disorder will be introduced.Students referred for evaluation will be so informed in writing with personal or certified delivery, and willbe given a copy of these standards and procedures. The evaluation, conducted at university expense, mustbe completed within five business days from the date of the referral letter, unless an extension is granted bythe Office of the Dean of Campus Life. A student who fails to complete the evaluation in accordance withthese standards and procedures may be withdrawn on an interim basis, or referred for conduct action, orboth.Interim ActionThe Dean of Campus Life may order interim medical suspension of a student where there is reason tobelieve an imminent threat of harm to self or others exists. Students suspended under this provision will benotified by personal delivery, and will also be given a copy of these standards and procedures. The studentwill be given the option of appearing before the Dean of Campus Life (or designee) within 48 hours of theorder for interim medical suspension to discuss only the following:1. The reliability of the information concerning the student’s behavior;2. Whether the student’s behavior poses a danger of causing imminent, serious harm to the student orothers, causing property damage, or directly impeding the lawful activities of others;3. Whether the student has completed an evaluation, in accordance with the standards andprocedures.The sole decisions to be made at the hearing are whether interim medical suspension should be continuedor modified, and whether medical withdrawal should remain in consideration.Involuntary Medical WithdrawalIf the medical evaluation supports medical withdrawal, a hearing will be scheduled before the Dean ofCampus Life or designee, the Director of the Health Center and the Director of the Counseling Center. Thestudent will be informed, in writing with certified delivery of the time, date and place, and will be given atleast two business days to independently review the psychological or psychiatric evaluation prior to thehearing. In addition, the student will be notified of who is expected to present information at the hearing.If the evaluation does not support medical withdrawal, the student will be notified. If other action ispending, the appropriate individuals will be notified and will proceed with their actions.The student and the student’s representatives may present information for or against involuntary medicalwithdrawal and will be given the opportunity to ask questions of others presenting information. The hearingwill be conversational and non-adversarial; however the Dean of Campus Life or other designated person in88