Withdrawal for Emotional Disorders (Involuntary Withdrawal)

The policy outlined below defines the college's response to students with serious mental disorders. It will be invoked in extreme cases where it has been determined the actions of the student are such that their continued presence at the college has the potential of creating harm to him/herself or to others. The policy attempts to address the student's alleged mental disorder with a humanistic approach by mandating an interim withdrawal and psychological evaluation with due process rather than dealing with the problem behavior from a strictly disciplinary approach and/or dismissing the student from the college.

STANDARDS FOR WITHDRAWAL
A student can be subjected to involuntary administrative withdrawal from Massachusetts College of Art, or from the college residence halls, if it is determined that the student is a danger to self or others, or has engaged or threatened to engage in or directly and substantially impede the lawful activities of others; lacks the capacity to respond to pending disciplinary charges; or did not know the nature of wrongfulness of the conduct at the time of the offense.

These standards do not preclude removal from the college, or college residence hall, in accordance with provisions of the residence hall, occupancy agreement, or other Massachusetts College of Art rules or regulations.

REGULATIONS
Students who are subject to disciplinary charges and who wish to rely on evidence of mental disorder when responding to such charges must so inform the C.S.A.O. in writing at least two (2) business days prior to the date on which any disciplinary proceeding is scheduled to be held. Such notice may also be given by a family member, or by others advising or assisting the student. The Vice President or designee will then make a judgment based on these standards, whether or not to divert the student from the disciplinary process.

REFERRAL FOR EVALUATIONS
It is responsibility of the appropriate Vice President to make the student / family aware of the policy process which is:

1. The first step in substantiating a mental component as it contributes to a disciplinary problem is to seek a psychological evaluation with written recommendation by an independent psychiatrist licensed to practice in the state of Massachusetts.
2. Any disciplinary proceeding that is pending at the time of such referral shall be suspended until the evaluation is completed.
3. Any student choosing again an evaluation shall be given a copy of these Standards and Procedures. The evaluation must be completed within five (5) business days unless an extension is granted by the Vice President or designee.
4. If, upon completion of such evaluation, it is determined that the student does meet the criteria set forth above, no further proceedings shall be conducted pursuant to these in that is then pending shall resume. Otherwise, the Vice President or designee shall take steps in accordance to these Standards and Proceedings.
5. A student who fails or refuses to participate in or to complete an evaluation for which he/she has been re-offered in accordance with these Standards and Procedures may be administratively withdrawn on an interim basis in accordance with the provisions of interim withdrawal and, in the event that any disciplinary proceedings are then pending, such proceedings may then be resumed.

INTERIM WITHDRAWAL
An interim administrative withdrawal may be implemented immediately for the reasons set forth above or whenever the Chief Student Development Officer reasonably determines that student may be suffering from a mental disorder and that the student:

1. Has engaged or threatened to engage in behavior which poses a danger of causing physical harm to self or others, or has engaged or threatened to engage in behavior which would cause significant property damage or directly and substantially impede the lawful activities of others.
2. Lacks the capacity to respond to pending disciplinary charges.
3. Did not know the nature of wrongfulness of the conduct at the time of the offense.
4. Whenever the Vice President has made such determination, he/she shall, if he/she has not otherwise done so, promptly refer such student for an evaluation in accordance with the provisions above.

A student subject to interim withdrawal shall be given written notice of the withdrawal either by delivery in hand or by certified mail, and shall be given written a given a copy of these Standards and Procedures. The student shall then be given an opportunity to appear before the Dean of Students or a designee within two (2) business days from the effective date of the interim withdrawal, in order to review the following issues:

1. The reliability of the information concerning the student's behavior.
2. Whether or not the student has completed or is actively pursuing a psychological evaluation in accordance with the referral for the evaluation provision. student subject to an interim withdrawal may be assisted in the proceeding specified above by a family member and/or a licensed psychologist or psychiatrist, or by a MassArt member of the faculty or staff of their choice. Students will be expected to speak for themselves whenever possible.

Following completion of these proceedings, the Vice President shall determine whether to revoke the interim withdrawal or to cause it to remain in the effect. S/he shall give prompt written notice of his/her decision in that regard to the student. Every interim withdrawal shall remain in effect for such period as the Vice President shall determine, but in no event shall it remain in effect beyond the date on which a decision shall be made at the student's hearing as provided below.

Any student who has been re-offered for an evaluation in accordance with these sections shall be accorded a hearing within seven (7) business days after such an evaluation has been completed. If a student is subject at that time to an interim withdrawal, the interim withdrawal shall remain in effect pending completion of hearings unless the Vice President has previously revoked it; provided however, the student will be allowed to enter upon the campus to attend a hearing or for other necessary purposes, as authorized in writing by the Vice President.

HEARING
Students subject to an involuntary withdrawal shall be accorded a hearing before the Dean of Students or a designee. The hearing shall be informal and shall be conducted in accordance with the following guidelines:

1. Students will be informed of the time, date, and location of the informal hearing in writing, either by personal delivery or certified mail, at least two (2) business days in advance of the hearing.
2. The entire case file, including any evaluations prepared in accordance to these Standards and Procedures, and the names of prospective witnesses, will be available for inspection by the student in the Dean of Students office during normal business hours. The file will be made available at least two (2) business days before the informal hearing and need not include personal or confidential notes of any college official or participant in the evaluation process.
3. At the request of the student, a Massachusetts College of Art faculty or staff member of his/her choice may be appointed to review and challenge any evaluation containing a recommendation for involuntary withdrawal.
4. The advisor shall be given notice of the informal hearing, and access to the file, in accordance with the procedure mentioned above. Furthermore, the advisor will be given reasonable time at the hearing to ask relevant questions and to present evidence designed to challenge any recommendation that the student be involuntarily withdrawn from the college.
5. The informal hearing shall be conversational and non-adversarial, the Dean of Students or designee shall exercise active over the proceedings to achieve the orderly completion of the hearing. Any person who disrupts the hearing may be temporarily excluded from the hearing. The hearing will continue when the proceeding can continue in orderly fashion.
6. Additionally, the student may also choose to involve a family member and/or a licensed psychologist or psychiatrist of his/her choice.
7. The hearing may be conducted in the absence of a student who fails to appear after proper notice.
8. The mental health professional that prepared the evaluation shall appear at the hearing to respond to questions, upon request of any party. If this is not possible, a written addendum to the evaluation may be submitted.
9. The Dean of Students or a designee may permit a Massachusetts College of Art official, and the mental health professional that prepared the evaluation, to appear at the hearing and to present evidence in support of any withdrawal recommendation. Legal counsel will not be employed by either the college or the student in these hearings.
10. Within five (5) business days following the completion of the hearing, the Dean of Students or designee shall render a decision concerning the question whether the student should or should not be involuntarily withdrawn from the college. The Dean of Students or designee shall decide that a student should be involuntarily withdrawn from the college only upon a determination based on clear and convincing evidence, that these standards have been met.
11. If the Vice President decides that the student should be involuntarily withdrawn from the college, s/he shall set forth his/her findings of fact and the reasons on which his/her other decision is based. S/he shall also state the date after which a petition for reinstatement will be considered, and any conditions that must be fulfilled before any such petition may be submitted.
12. The decision of the Vice President shall be transmitted to the student in writing, either by certified mail or by delivery by mail.
13. The decision of the Dean of Students or designee, with the approval of the President will be final and conclusive and will not be subject to the appeal process.

READMISSION
When determination has been made that the student is mentally capable of returning to school, readmission will be immediately provided to the student subject to any conditions imposed by the Dean of Students.

Deviations from Established Procedures:
Reasonable deviations from these procedures will not invalidate a decision or proceedings unless significant prejudice to a student may result.