3.9.2 - INVOLUNTARY LEAVE OF ABSENCE
3.9.2 - INVOLUNTARY LEAVE OF ABSENCE
3.9.2.1 - General Information
- An involuntary leave is a process separate from the student conduct process. A student may also be required to participate in the student conduct process for their behavior under the Student Code of Conduct.
- In the event the University imposes an involuntary leave, the student may be required to withdraw from classes. In those cases, the student should follow the standard withdrawal processes. Additionally, a student who withdraws from classes may be eligible for a partial tuition refund if they are enrolled in Xavier’s tuition insurance program.
- If a student believes a disability impacts their ability to fully and effectively participate in the involuntary leave process, the student should immediately contact the Office of Accessibility and Disability Resources and request an accommodation and inform the Dean of Students Office that an accommodation request has been made.
- A student navigating the involuntary leave process has the right to be accompanied and assisted at any meetings by a current member of the Xavier community (student, faculty, or staff member). The advisor may not be an individual who has specialized legal training, including someone possessing a Juris Doctor degree, or other legal degree, even if such person is a member of the Xavier community and does not currently practice law. The advisor may not be the student's parent, even if the parent is a member of the Xavier community.
The Dean of Students or designee may assess that a student’s behavior threatens the safety, health, or well-being of any member of the university community, and/or is significantly disruptive to the University community or any member of the community. In such circumstances, the Dean of Students or designee will convene a committee of members of the University community to conduct a comprehensive individualized assessment of the student and the circumstances surrounding the involuntary leave. After conducting the assessment, the Committee will provide a written decision to the Dean of Students or designee as to whether an involuntary leave is warranted and will be imposed.
3.9.2.2.1 – Committee Membership
At the discretion of the Dean of Students or designee, the members of the committee may include representatives from the Division of Student Affairs (e.g. the Office of Student Integrity, Title IX, Health Services, and/or Counseling Services), the Xavier Action & Care Team, the Student Success Center, the Center for International Education, the Center for Faith and Justice, faculty, the Xavier University Police Department, and the appropriate academic Dean’s office. Members of the committee will be chosen based on experience, expertise, and knowledge of the individual student and/or the relevant circumstances.
3.9.2.2.2 – Committee Charge
The Committee will consider whether an involuntary leave is necessary to protect the safety, health, or well-being of any member of the University community. The Committee will also consider whether other support measures, accommodations, or a voluntary leave of absence would be adequate to respond to the circumstances.
3.9.2.2.3 - Role of the Dean of Students or Designee
The Dean of Students or designee will facilitate the Involuntary Leave process, during the individualized assessment, however the involvement of the Dean of Students or designee will be limited to convening the Committee, providing administrative functions including communications between the Committee and the student, and providing procedural guidance to the Committee. The Dean of Students or designee will not participate in the Committee’s deliberation, but the Dean of Students or designee will facilitate communication with the student to discuss the Committee’s decision.
3.9.2.2.4 – Student Notification
Once the Dean of Students or designee has appointed a Committee, the student will be notified in writing and will have an opportunity to submit information to the Committee during its investigation. The Committee may request, or the student may choose to provide, counseling or other medical records for review. A student may choose not to provide these records even if requested by the Committee, and the Committee will not make any inference about what such records might contain.
3.9.2.2.5 - Collection of Evidence
The Committee may request evidence from departments, individuals, or clinical or medical providers that is relevant to the individualized assessment. The Committee could request evidence in the form of a conversation with or documentation from those listed individuals, which could include but is not limited to, an evidence-based risk assessment. At minimum, the Dean of Students or designee will provide the Committee with the evidence that gave rise to convening the Committee.
The Committee may also request to meet directly with the student for consultation.
3.9.2.2.6 – Committee Decision
The Committee will make a determination as to whether to place a student on an involuntary leave and will communicate their decision to the Dean of Students or designee. The Dean of Students or designee will provide the student with the University’s decision in writing. If an involuntary leave is imposed, the Registrar and appropriate academic dean will be notified. If a student is placed on an involuntary leave, the student is expected to leave campus immediately, for the duration of the involuntary leave.
If an involuntary leave is not imposed, the Committee may recommend supportive measures, behavioral expectations and/or accommodations that will mitigate risk and allow the student to remain enrolled at Xavier. In some cases, the student’s continued enrollment at Xavier may be reliant upon compliance with these expectations.
3.9.2.2.7 – Conditions of Involuntary Leave
In addition to its determination as to whether an involuntary leave is appropriate, the Committee may recommend to the Dean of Students or designee the duration of the leave and the conditions for the student’s re-enrollment at the University. Unless expressly permitted by the Dean of Students or designee in writing, students on leave under this policy are not permitted to be present on campus or engage in any University-related activities during their involuntary leave.
3.9.2.2.8 – Appeal Process
If an involuntary leave is imposed, it will be effective immediately. However, the student may submit, within five business days, a written appeal of the Committee's decision to the Associate Provost and Chief Student Affairs Officer (Associate Provost), who will review the written record only. The decision of the Committee will be affirmed by the Associate Provost if supported by substantial information appearing in the record of the case. The decision of the Associate Provost will be final. The conditions of involuntary leave still apply during the course of any appeal (for example, the student must remain off campus except as allowed for participation in the appeal process).