Recent reports from popular media sources highlight a growing mental health crisis among students on U.S. college campuses. A recent campus health survey of students in the 2021-22 academic year revealed that 44 percent reported depression, 37 percent reported experiencing anxiety, and 15 percent admitted to seriously considering suicide. This data underscores the fact that U.S. college students are facing a significant mental health crisis. This crisis is compounded by concerns regarding mass shootings and rising suicide rates. Unfortunately, many colleges and universities respond to student mental health concerns with involuntary medical withdrawal actions. These withdrawals may involve forced withdrawal from classes or complete removal from campus or enrollment.
The LLF National Law Firm is here to defend students facing mental health intervention or involuntary medical withdrawal. Call us at 888-535-3686 or fill out our online form, and we will contact you.
Reasons for Involuntary Medical Withdrawal
Most U.S. colleges have a process for removing or withdrawing a student without their consent. Understandably, this can be done only in a narrow set of circumstances, including:
- Direct Threat. When the student poses a credible threat to others.
- Inability to Participate. When the student is unable to participate in the educational process and is not otherwise qualified.
- Exhaustion of Accommodations. When the college or university feels it cannot provide further accommodation, and the student maintains they need accommodation to continue.
The most common scenarios where Involuntary Medical Withdrawal happens involve accusations of threats to others or threats of self-harm that the college maintains have become disruptive and prevent meaningful participation in educational activities. The problem begins when the college uses this process to avoid providing accommodation or to end a problematic situation in violation of the student’s rights.
Involuntary Medical Withdrawal and the Americans with Disabilities Act (ADA)
Involuntary medical withdrawals may violate the Americans with Disabilities Act (ADA) or Section 504 of the Federal Rehabilitation Act (Section 504). The ADA is implicated in many decisions made on campus because students experiencing mental health and other issues often fit the definition of disability in the ADA. Under this law, U.S. colleges and universities must make reasonable accommodations for students with disabilities to allow them to participate in college life fully and must not discriminate.
These laws govern both public and private colleges. Title II of the ADA governs public colleges and institutions, while Title III governs private colleges. Section 504 applies to any college that receives public funding, including student aid, and covers virtually all colleges and institutions in the US. The Department of Justice oversees enforcement of the ADA, while the Office for Civil Rights (OCR) of the federal Department of Education enforces Section 504 and shares in ADA enforcement. When fighting an involuntary medical withdrawal, often the most effective strategy is to defend rights guaranteed by the ADA and Section 504.
When does the ADA Allow for Involuntary Medical Withdrawal?
While students with a disability have protections, Title II of the ADA allows for the involuntary removal of a student when the student poses a direct threat to others. It does not allow removal when the student is a threat to themselves, but it does allow removal under some circumstances. This does not mean that the college or university is prevented from taking action against a student who has attempted suicide or is a serious risk to themselves. A college may argue that the student is “not otherwise qualified” to remain on campus, particularly in dorm housing, during an acute mental health episode or following a suicide attempt.
Interventions vs. Withdrawals
It is essential to understand the distinction between an intervention and an involuntary withdrawal. Most colleges provide for an intervention and assessment when they believe the student presents a substantial risk of harm to themselves or others. They may also seek intervention when the student impedes the learning process or other proper activities and functions of the university. The intervention announces to the student that they will be required to participate in a threat assessment.
This threat assessment team typically consists of counseling and health services, student advocacy and residential life, and sometimes legal affairs and campus safety officials. The threat assessment team will usually report to the college or university administration, which will ultimately decide whether to involuntarily withdraw the student.
Typical Involuntary Removal Process
Although each college or university will have its own procedures, the typical involuntary removal process involves the following steps:
- Identification of Concern. This might happen due to an acute crisis or a report from a classmate, staff member, or faculty member.
- Intervention or Request for Evaluation. The college or university will conduct an intervention and will typically ask the student to participate in an evaluation.
- Team Evaluation. The student will often participate in an evaluation with a behavioral intervention team.
- Decision and Notification. The behavioral intervention team will report to the administration, which will decide whether to remove the student involuntarily or impose other limitations. The student is formally notified of this decision.
- Hearing or Appeal. The student typically has the opportunity to appeal and to fight the involuntary removal process at a hearing.
- The LLF National Law Firm is here for you at any step of this process, but the sooner we are involved, the better. Even if you have gone through this process and been involuntarily removed, the LLF National Law Firm can help you apply for readmission.
Examples of University Appeal Processes
Each campus will have its own policy and process of involuntary removal. By way of example, the following are two typical processes:
Rutgers University
Rutgers allows for the involuntary removal of students who are a threat to others. A student at Rutgers who is subject to an intervention or who has been involuntarily withdrawn may appeal by filing a written request with the Chancellor or with the Graduate School Dean (if a graduate student) within 3 days. It is up to the Chancellor or the Graduate School Dean to conduct an informal proceeding. The student may have legal counsel and may also present testimony from medical or behavioral professionals. The student can present other witnesses and documentation as well. The Chancellor or Graduate School Dean may uphold the involuntary withdrawal or may reinstate the student, with or without conditions.
University of Florida
At the University of Florida, students who pose a significant danger to others may be voluntarily withdrawn, but only after consultation with the University’s threat assessment team. The student is given written notice and may appeal to the Vice President for Student Life within 3 days. It is up to the Vice President for Student Life to arrange for a hearing or the presentation of evidence by the student. The Vice President for Student Life may uphold the withdrawal or may reinstate the student. A student subject to involuntary withdrawal may seek readmission. To gain readmission, a student may present a privately arranged threat assessment conducted by a qualified individual or may meet with the university threat assessment team.
Whatever the policy and procedure at your college or university, the LLF National Law Firm can help you navigate the process and arrive at the best possible solution.
Student Rights During the Involuntary Removal Process
Before a student is subjected to intervention and/or involuntary removal, they have rights, including:
- The right to written notice.
- The right to respond and participate in a fair process.
- The right to an individualized assessment.
- The right to be free from discrimination based on disability.
- The right to accommodation of a disability.
- The right to appeal and challenge an anticipated removal.
- The right to have counsel during the process.
Additionally, campuses must look to alternatives to involuntary removal, including counseling services and other accommodations, such as remote learning. The involuntary removal process must be fair and evenly applied and must not single out students based on disability. Finally, the process must involve fair legal mechanisms and a real appeal process involving meaningful review. This means that the person deciding an appeal must not have played a role in the initial removal decision.
The Process Must Provide a Clear Path to the Student’s Return to Campus
Colleges sometimes wish to treat students who have had an involuntary medical removal the same as other students who have been suspended or expelled. This might mean the college asks the student to wait for a predetermined period before requesting readmission or prohibits any return to campus. These requirements may violate the ADA or Section 504 if applied without reference to the student’s disability. If a student can present credible medical evidence that they can resume studies, the campus must begin an interactive process culminating in the student’s readmission. While we prefer to prevent involuntary removal actions, the LLF National Law Firm can help if students have already been removed through the readmission process.
How the LLF National Law Firm Can Help
If you face an intervention or involuntary medical removal, the Student Defense Team at the LLF National Law Firm can help. Involuntary medical removal should be used only as a last resort, in essential situations. The emphasis should always be on fairness and integrity, and the accommodation and protection of students, and not on the convenience or worst fears of the college. The attorneys at the LLF National Law Firm have a proven track record of defending students with disabilities and challenging disciplinary actions of all types. Call the LLF National Law Firm at 888-535-3686 or fill out our online form, and we will contact you.