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The City University of New York Behavior-Related Medical Withdrawal and Re-enrollment Policy and Procedures

I. Introduction

The City University of New York (“CUNY”) is committed to the academic success and personal growth of its students. As part of that commitment, CUNY and its constituent campuses are responsible for providing a safe learning and working environment for students, faculty, staff and other members of the University community. As the result of a medical condition, some students may engage in behavior that presents a direct threat of harm to the health or safety of others or substantially disrupts the learning or working environment of others. In such situations, the safety and security of the campus community, including the individual student, is paramount, and colleges should take reasonable and appropriate security and health and safety measures, such as calling 911 or taking other immediate action in case of imminent threat to a person’s life or wellbeing. In addition, colleges may address the student’s conduct to determine if action under this policy or under the student disciplinary policy is appropriate.

II. Policy

  1. This Policy shall apply to any person(s) registered or enrolled in any CUNY course or program offered for academic credit and in any pre-matriculation programs, including but not limited to CUNY Start and CLIP. Students taking online courses provided by or presented at CUNY shall be deemed enrolled for the purposes of this Policy. This Policy does not apply to Hunter College Campus Schools (K-12) or CUNY College Now programs.

  2. A college of CUNY may pursue withdrawal of a student from CUNY and/or a college residence hall or require conditions for continued enrollment and/or residence when, as the result of a medical condition, the student’s behavior presents a direct threat to others and/or substantially disrupts the learning or working environment of others. A direct threat means a significant risk of harm to health or safety. Substantial disruption ordinarily means a pattern of disruption, except in the event of a single incident of extreme and severe disruption.

  3. In such situations, the college may invoke this policy as an alternative to disciplinary action under Article XV of CUNY’s Bylaws.

  4. If the student engages in self-harm and that behavior substantially disrupts the working or learning environment of others, the college may invoke only this policy, not disciplinary action under Article XV.

  5. Except in cases requiring an emergency interim removal, colleges first must pursue voluntary withdrawal or, in appropriate cases, continued enrollment of the student subject to specified conditions, rather than involuntary withdrawal under this policy. The voluntary withdrawal or continued enrollment with conditions should be memorialized in a written agreement with the student.

  6. A student who withdraws voluntarily or is involuntarily withdrawn from the University and/or a college residence hall pursuant to this policy may apply for re-enrollment to the University and/or to a college residence hall. An individualized determination by the Campus Student Affairs Officer (“CSAO”) or designee must be made in each case, based on relevant medical evidence, as to whether there is a significant risk that the behavior that required withdrawal will be repeated; if not, the student’s application for re-enrollment must be approved, provided the student is academically eligible.

  7. Colleges must apply this policy in a nondiscriminatory manner consistent with federal, state and local laws and CUNY policy prohibiting discrimination based on disability. They must make determinations based on a student’s behavior and not on knowledge of a student’s disability or physical or mental condition, except to determine the policy’s applicability.

III. Procedures

A. Emergency Interim Removal

  1. If a student’s behavior presents an immediate, severe and direct threat to others (by evidencing a likelihood of harm to others), and/or is substantially disrupting the learning or working environment of others, and the CSAO or designee reasonably believes that the student’s behavior is related to a medical issue, the CSAO or designee may direct an emergency interim removal of the student that restricts the student’s access to the college’s campus and/or residence hall, as appropriate. The CSAO or designee shall make reasonable efforts to meet with the student and must consult with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness, prior to making any such direction.

  2. The emergency interim removal from the college and/or residence hall will remain in effect until a final decision has been made pursuant to the procedures below, unless, before a final decision is made, the CSAO or designee determines that the reasons for imposing the interim removal no longer exist.

B. Withdrawal after Emergency Interim Removal

1. Voluntary Withdrawal or Conditional Enrollment

a. Following a student’s emergency interim removal from the college and/or residence hall, the CSAO or designee must exercise best efforts to meet with the student to discuss the student’s behavior and to hear the student’s explanation of the behavior. If the CSAO or designee determines that voluntary withdrawal or continued enrollment with conditions is appropriate, that official must request that the student agree to such withdrawal or conditional enrollment within seven (7) calendar days of the effective date of the emergency interim removal.

b. If the student agrees to the request for voluntary withdrawal or to the specified conditions, as applicable, the CSAO or designee should (i) discuss with the student the procedures for and consequences of voluntary withdrawal or the specified conditions, as applicable; (ii) discuss the circumstances with the student’s parents or legal guardians as permissible by law and as appropriate; (iii) consult with the student’s academic advisor, as appropriate; (iv) consult with the residence hall director, if applicable; (v) refer the student to appropriate resources for treatment; and (vi) advise the student concerning the process for applying for re-enrollment, as well as on conditions for re-enrollment, if applicable.

2. Assessment and Involuntary Withdrawal

a. Should the request for voluntary withdrawal or conditional enrollment be refused, the college must determine whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings or disciplinary proceedings under Article XV of CUNY’s Bylaws. Prior to initiating involuntary withdrawal proceedings, the college must follow the assessment procedures outlined below in III B. 2. (b)-(c). Those procedures must be completed within ten (10) calendar days of the student’s refusal.

b. Prior to initiating involuntary withdrawal proceedings, the CSAO or designee should mandate that the student be evaluated, at CUNY’s expense, by a qualified, licensed mental health or other licensed medical professional, as applicable and as approved by CUNY. Whenever possible, the professional should be on retainer to a college of CUNY or CUNY. If a retained professional is not available, the professional may be an employee of a college of CUNY or CUNY, but that professional may not be employed by the student’s college or have had any prior contact with the student. The professional should evaluate whether the student’s behavior presents a direct threat of harm to others or presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others and, if so, whether the student’s behavior may be the result of a medical condition. The professional should submit the evaluation to the CSAO, who, based on that report, and after consultation with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness, will determine the appropriate next steps.

c. If the student refuses to undergo the assessment, or fails to keep the scheduled appointment, the CSAO or designee must determine the appropriate next steps based on the available evidence after consultation with the University’s Office of the General Counsel and the University’s Director of Mental Health and Wellness.

C. Withdrawal without Emergency Interim Removal

1. Voluntary Withdrawal or Conditional Enrollment

a. If a student’s behavior evidences a direct threat of harm to others and/or substantially disrupts the learning or working environment of others and presents a significant risk to repeat behavior that substantially disrupts the learning or working environment of others and the CSAO reasonably believes that the student’s behavior is related to a medical issue, the CSAO or designee may request that the student voluntarily withdraw or agree to enrollment under specified conditions.

b. If the student agrees to the request for voluntary withdrawal or to the specified conditions, the CSAO or designee should (i) discuss with the student the procedures for and consequences of voluntary withdrawal or the specified conditions, as applicable; (ii) discuss the circumstances with the student’s parents or legal guardians as permissible by law and as appropriate; (iii) consult with the student’s academic advisor, as appropriate; (iv) consult with the residence hall director, if applicable; (v) refer the student to appropriate resources for treatment; and (vi) advise the student concerning the process for applying for re-enrollment, as well as on conditions for re-enrollment, if applicable and appropriate.

2. Assessment and Involuntary Withdrawal

a. If the student does not agree to the request for voluntary withdrawal or to the specified conditions, the college must determine whether to take further action against the student, including whether to initiate involuntary withdrawal proceedings or disciplinary proceedings under Article XV of CUNY’s Bylaws.

b. Before initiating involuntary withdrawal proceedings under this procedure, the college should follow the assessment procedures outlined above in III B.2 (b)-(c).

D. Involuntary Withdrawal Procedures

  1. A college may initiate an involuntary withdrawal hearing to present evidence of the student’s threatening and/or substantially disruptive behavior and the connection between that behavior and a medical condition. The college may seek remedies of withdrawal or retention with conditions from CUNY and/or the college residence hall.

  2. CUNY’s Vice Chancellor for Student Affairs and Enrollment Management or designee and the college will collaborate to schedule a hearing. Notice of the involuntary withdrawal hearing and the time and place of the hearing must be personally delivered or sent by the CSAO or designee of the student’s home college to the student at the address appearing on the records of the college, by overnight mail, and, for students who have a college e-mail address, to that e-mail address. The hearing will be scheduled for a reasonable time after the college’s receipt of the results of the assessment or the student’s refusal to be assessed, as applicable. The hearing will not be scheduled earlier than seven (7) calendar days from the date notice of the hearing is sent to the student, unless the student consents to an earlier hearing.

  3. The notice must contain (i) a statement of the reasons involuntary withdrawal is sought (ii) the type of withdrawal sought (from the University and/or from the college residence hall); and (iii) a statement that the student has a right to present the witnesses and evidence, to cross examine witnesses presenting evidence against the student, to remain silent without assumption of responsibility, and to be represented by legal counsel or an advisor at the student’s expense.

  4. CUNY will constitute a Health Review Panel, comprised of qualified, licensed mental health professionals employed by a college of CUNY or by CUNY, or on retainer to a college of CUNY or CUNY. Committee members may not be employed by the College where the student has been enrolled, nor may they have had any prior contact with the student. CUNY’s Vice Chancellor for Student Affairs and Enrollment Management or designee will appoint the members of the Health Review Panel. Members of the Health Review Panel, in committees constituted separately for each hearing (“Health Review Committee”), will be responsible for adjudicating all involuntary withdrawal hearings held according to these procedures. For each involuntary withdrawal hearing, the Vice Chancellor for Student Affairs and Enrollment Management or designee will constitute a three-person Health Review Committee from the Health Review Panel to adjudicate at that hearing. The Health Review Committee shall make decisions by majority vote.

  5. A student is permitted one (1) adjournment as of right. Additional requests for an adjournment must be made at least five (5) calendar days prior to the hearing date, and shall be granted or denied at the discretion of the Health Review Committee. If the student fails to respond to the notice, appear on the adjourned date, or request an extension, the College may proceed in absentia, and any decision shall be binding.

  6. The hearing will be closed, unless the student requests an open hearing. However, the Health Review Committee may overrule a request for an open hearing if it determines that an open hearing would be inappropriate or disruptive in light of the nature of the evidence to be presented.

  7. The CSAO or designee will appoint/identify a presenter to present evidence on behalf of the college. After the evidence is presented by the parties at the hearing, the Health Review Committee will determine whether the college has proved, by a preponderance of the evidence, (i) that the student’s behavior occurred; (ii) that the behavior presents a direct threat of harm to others, and/or has substantially disrupted the learning or working environment of others and presents a significant risk of threatening further substantial disruption of the learning or working environment of others, and (iii) if the behavior was the result of a medical condition. The Health Review Committee will further determine the appropriate remedy in cases in which the college prevails. The Health Review Committee may also set reasonable and appropriate conditions on re-enrollment. The Health Review Committee must send its written decision to the student via overnight mail and, if applicable, the student’s college email address, within seven (7) calendar days from the close of the hearing. A decision of involuntary withdrawal of the student from CUNY and/or the college residence hall will be effective on the date that the decision was sent to the student.

  8. If the Health Review Committee determines that the standard for involuntary withdrawal has not been met, the CSAO or designee shall assist a student previously placed on emergency interim removal to resume academic studies and habitation in a residence hall, if applicable.

E. Appeals

An appeal from the decision of the Health Review Committee may be made to the President of the student’s home college within fifteen (15) calendar days after the decision was sent to the student. The President or designee must make a determination on the appeal within fifteen (15) calendar days from receipt of the appeal. The designee must not have had prior involvement with the student’s case. The President’s (or designee’s) decision may be appealed to the Chancellor of the University within fifteen (15) calendar days after the delivery of the President’s decision on appeal. The Chancellor (or designee) must make a decision within fifteen (15) calendar days from receipt of the appeal. The Chancellor’s (or designee’s) decision will be final. The bases for overturning a decision of the Health Review Committee at both levels of review are limited to the following: (i) clearly erroneous factual findings; (ii) significant procedural error; (iii) newly available evidence that would have changed the outcome; (iv) the remedy and/or conditions on re-enrollment were unreasonable or inappropriate.

F. Re-enrollment

  1. A student who voluntarily withdraws or is involuntarily withdrawn from CUNY and/or a college residence hall under this policy must be considered for re-enrollment.

  2. A student wishing to be considered for re-enrollment should contact the student’s home college’s CSAO in accordance with the college’s re-enrollment deadline, and provide appropriate documentation of behavioral change and resolution of the initial behavioral problem, including compliance with any conditions that may have been set for re-enrollment.

  3. A student may apply for re-enrollment to the University and/or a college residence hall no more than one time per term. A student may not apply for re-enrollment for the same semester they have voluntarily withdrawn or been involuntarily withdrawn.

  4. In assessing an application for re-enrollment, the CSAO or designee must make an individualized determination in each case. The CSAO or designee should (i) receive, investigate, and examine appropriate relevant documentation, including assessments made by college-referred licensed mental health or other licensed medical professionals, as applicable, and, if applicable, licensed treating mental health or other licensed treating medical professionals; (ii) in cases in which the CSAO or designee determines that an additional mental health or other medical assessment is necessary, refer the student for assessment to a qualified, licensed mental health or other licensed medical professional, as applicable, at CUNY’s expense and as approved by CUNY; (iii) provide an opportunity for the student to meet with the CSAO or designee to discuss re-enrollment.

  5. If based on the evidence presented, there is not a significant risk that the behavior that required withdrawal will be repeated, and provided the student is academically eligible, the CSAO or designee must approve the student’s application for re-enrollment. In such cases, the CSAO or designee must initiate the re-enrollment process, provide the student with written conditions for continued attendance, and inform any relevant administrators of the student’s re-enrollment.

  6. If the CSAO or designee determines that the application for re-enrollment should be denied, that official must provide the student with a written explanation of the reasons for the denial and specify when the next request for re-enrollment will be considered.

  7. A student may appeal the CSAO or designee’s denial of re-enrollment to the college President within thirty calendar days after the delivery of the decision denying re-enrollment. The President (or designee) must make a determination on the appeal within thirty calendar days from receipt of the appeal. The President’s decision may be appealed to the Chancellor of the University within thirty calendar days after the delivery of the President’s decision on appeal. The Chancellor’s (or designee’s) decision must be made within thirty calendar days from receipt of the appeal. The Chancellor (or designee’s) decision will be final. The basis for overturning a decision on appeal at either level will be limited to a determination that the decision on re-enrollment was clearly erroneous.

G. Effect on Academic Status

In the event of a withdrawal pursuant to this policy, a notation of withdrawal ordinarily should appear on the student’s transcript for all classes taken during that semester. The CSAO at a student’s home college may grant a student request that, in lieu of withdrawal, a notation of incomplete appear on the student’s transcript for classes taken during that semester if and only if there is a reasonable prospect that the student will eventually complete such classes, subject to faculty approval for each such class. Regardless of the notation that appears on a student’s transcript, the CSAO of the student’s home college must inform the Vice Chancellor for Student Affairs and Enrollment Management of the student’s withdrawal in order to effectuate a hold by the University Application Processing Center on the student’s ability to transfer or otherwise seek admission to another college of CUNY and to establish a Universal Service Indicator on CUNYfirst to prevent enrollment at another CUNY campus until such time as the student’s re-enrollment is approved.

H. Effect on Housing Status

If the student has been living in a college residence hall and is removed from the residence hall, the student’s contract will be canceled and fees refunded on a prorated basis.

I. Refund of Tuition

In its discretion, a college may refund a student’s tuition and fees for the semester if the student voluntarily withdraws from the college.

J. Confidentiality

The results of examinations by mental health or other medical professionals to whom students are referred for assessment at any stage in the withdrawal or re-enrollment process are confidential. They may only be shared with the officials referenced above in B 2.b or if necessary to prevent an imminent, severe, and direct threat of harm to the student and/or others. The results of those examinations will be admissible in involuntary withdrawal hearings but will not be admissible in disciplinary hearings, unless the student raises health issues, including mental health, in a disciplinary hearing.