Keystone College Policies


Administrative Withdrawal of Students

I. GENERAL PROVISIONS
A student who: (i) engages in an act or act of serious misconduct; or (ii) constitutes a direct threat to others (pursuant to the criteria set forth in Section II, below) may be temporarily withdrawn from the College by the Vice President of Student Affairs and Dean of Students (or his or her designee). For purposes of this policy, a withdrawal effected by the Vice President of Student Affairs and Dean of Students (or his or her designee) shall be termed an “Administrative Withdrawal.” An Administrative Withdrawal does not involve the referral of the student at issue to the All-College Student Conduct Board, pursuant to the procedures set forth in the Student Handbook, for the purpose of determining whether or not that student has violated the student code of conduct. An Administrative Withdrawal includes the withdrawal of the student from College classes, and the removal of the student from student housing. Further, students who have been administratively withdrawn are precluded from otherwise being on campus, unless expressly approved by the Vice President of Student Affairs and Dean of Students, and from participating in any College activities or programs.

For the purposes of this policy, acts of serious misconduct which may, in the discretion of
the Vice President of Student Affairs and Dean of Students (or his or her designee) result in the Administrative Withdrawal of a student include:

a. an act of violence or threat to commit any act of violence against any another student, faculty member, staff member, or other employee of Keystone College;

b. an act of intimidation toward any another student, faculty member, staff member, or other employee of Keystone College;

c. an act of theft involving the property of Keystone College, or any another student, faculty member, staff member, or other employee of Keystone College;

d. the destruction of any property of Keystone College, or any another student, faculty
member, staff member, or other employee of Keystone College; or

e. any act which constitutes a felony under federal law, or the laws of Pennsylvania, regardless of where such an act is committed. A student need not be prosecuted or convicted for the commission of such a felony to be Administratively Withdrawn from the College.

II. CRITERIA TO BE UTILIZED IN DETERMINING WHETHER OR NOT A
STUDENT CONSTITUTES A DIRECT THREAT TO OTHERS

For purposes of this policy, a “direct threat” is defined as a high probability of substantial
harm to the health and/or safety of others.

In determining if a student poses such a direct threat to the health and/or safety of others,
the College shall make an individual assessment of the threat posed by the student, based on a reasonable judgment that relies on current medical or psychological knowledge or on the best available objective evidence, to ascertain: the nature, duration, severity of the risk; the
probability that the potential injury will actually occur; and whether reasonable modifications of the College’s policies, practices, or procedures will mitigate the risk. If the student at issue has a disability, the College will confer with individuals who have in-depth knowledge of, and
experience in, the area of the student’s disability. The College may, on an interim basis, suspend the student at issue from participation in classes or other College activities, and may prohibit such a student from being present on the Keystone College campus, pending the outcome of the required individual assessment, provided the student is afforded minimal due process (i.e., notice of the proposed interim suspension, the opportunity to present information on his or her behalf, and a right to appeal the interim suspension).

III. NOTIFICATION AND REMEDIATION PLAN
At or near the time of the Administrative Withdrawal, the student at issue shall generally
be provided with the following information in writing:

a. notice to the student that he or she is being Administratively Withdrawn
from classes and, if applicable, removed from College housing and the reason(s) for the
Administrative Withdrawal;

b. information regarding the student’s eligibility for any tuition and/or fee
refund;

c. information regarding any impact the Administrative Withdrawal may have upon the
student’s current grades and academic progress;

d. conditions which must be satisfied prior to the student’s re-enrollment, and, if applicable,
the earliest date upon which a student may re-enroll, provided all necessary conditions are satisfied;

e. information related to prohibitions on the student’s presence on campus or use of College
services/facilities; and

f. a delineation of the consequences of the student’s failure to comply with the applicable conditions for re-enrollment;

If necessary in the judgment of the Vice President and Dean of Student Affairs, the categories of information to be provided to the student at issue upon or near the time of the Administrative Withdrawal may be subject to amendment or modification. Further, the conditions to be satisfied in advance of re-enrollment, which are provided to the student at or near the time of the Administrative Withdrawal, may subsequently be subject to amendment or modification if necessary in the judgment of the Vice President and Dean of Student Affairs. Such amendment or modification may include, but is not limited to, an extension of the time period for the student to comply with the necessary re-enrollment conditions. In formulating the conditions which must be satisfied prior to re-enrollment, or any amendments or modifications to those conditions, the Vice President and Dean of Student Affairs shall be free to consult with appropriate members of the College’s staff and/or administration, including but not limited to the Vice President for Academic Affairs and Dean of the College.

Subject to any additional conditions for re-enrollment imposed by the Vice-President and Dean of Student Affairs, a student who was Administratively Withdrawn upon a determination that he or she constituted a direct threat to others may be re-enrolled at such time as the College determines that he or she no longer constitutes a direct threat to others, pursuant to the provisions of Section II, above, and Section IV, below. Subsequent to such a re-enrollment, the College will not exclude the student from, or place any restrictions upon the student’s participation in any College activities or academic programs.

In the event that the student chooses not to satisfy the required re-enrollment conditions, the student will be considered to be permanently withdrawn, and must reapply for admission to the College in order to continue his or her studies. The student will be notified by the Vice President and Dean of Student Affairs if he or she is permanently withdrawn.

IV. MENTAL HEALTH EXAMINATIONS OF STUDENTS

The College will only require a student to submit to a comprehensive mental health evaluation in the course of conducting an individual assessment of whether that student poses a direct threat to the health and/or safety of others, when: (i) it has a reasonable basis to believe that the student may pose such a direct threat; or (ii) as otherwise reasonably necessary for the College to comply with its obligations under Section 504. Consistent with the immediately preceding sentence, the College may require a student to undergo a comprehensive mental health evaluation as a component of the individual assessment the College conducts in determining whether the student should be Administratively Withdrawn because he or she poses a direct threat to others, and/or in determining whether a student who was Administratively Withdrawn because he or she posed a direct threat to others may be re-enrolled because the student no longer poses such a direct threat.

V. RIGHT OF APPEAL

A student who is Administratively Withdrawn as a result of serious misconduct, as set forth in Section I, has no right of Appeal from the determination that he or she be Administratively Withdrawn.

A student who is Administratively Withdrawn upon a determination that he or she constitutes a direct threat to others may appeal such a determination. An Administrative Withdrawal shall remain in effect during the period an appeal is pending. Appeals of a determination to Administratively Withdraw a student upon a determination that he or she constitutes a direct threat to others shall be proceed in accordance with the following procedures:

Step 1. Within 15 days of the date of the written notice that the student has been
Administratively Withdrawn from the College because he or she constitutes a direct threat to
others, the student at issue may file a written appeal of the Administrative Withdrawal. Such
written appeal need not adhere to any particular format, but must be addressed to the Vice
President of Student Affairs and Dean of Students, and must set forth the reasons for the appeal.
Appeals may be transmitted to the Vice President of Student Affairs and Dean of Students via
United States mail, Fed-Ex or UPS, or by e-mail. An appeal transmitted by United States mail
shall be considered timely filed if it is post-marked within 15 days of the date of the written
notice that the student has been Administratively Withdrawn from the College. Similarly, an
appeal sent to the College by Fed-Ex or UPS shall be considered timely if it is transmitted to the College within 15 days of the date of the written notice that the student has been
Administratively Withdrawn from the College. An appeal by e-mail shall be deemed to be
received on the date it is sent to the Vice President of Student Affairs and Dean of Students. The Vice President of Student Affairs and Dean of Students may grant an extension of time for the filing of the appeal, provided the request for such an extension is received prior to 15 days from the date of the written notice that the student has been Administratively Withdrawn from the College.

Step 2. Upon receipt of a student’s appeal, the Vice President of Student Affairs and
Dean of Students shall schedule a meeting with the student at issue to discuss the merits of his or her appeal. Such a meeting shall take place within 10 days of the date on which the Vice
President of Student Affairs and Dean of Students receives the appeal at issue. A student may be accompanied at such a meeting by a non-attorney advisor. The student is not permitted to be accompanied by an attorney at this meeting.

Step 3. Within 10 days of the meeting between described at Step 2 of the appeal process,
the Vice President of Student Affairs and Dean of Students shall transmit a letter to the student
by which he or she indicates whether the student’s appeal shall be granted, in whole or in part, or denied, in whole or in part. This letter shall include a recitation of the reason(s) for the decision of the Vice President of Student Affairs and Dean of Students.

Step 4. Within 15 days from the date of the letter described at Step 3, the student may file
a written appeal of the determination of the Vice President of Student Affairs and Dean of
Students, as set forth in the letter described at Step 3, to the President of the College. Such
written appeal need not adhere to any particular format, but must: be addressed to the President of the College, and must set forth the reasons for the appeal. Appeals may be transmitted to the President of the College via United States mail, Fed-Ex or UPS, or by e-mail. An appeal transmitted by United States mail shall be considered timely filed if it is post-marked within 15 days of the date of the letter of the Vice President of Student Affairs and Dean of Students described at Step 3. Similarly, an appeal sent to the College by Fed-Ex or UPS shall be
considered timely if it is transmitted to the College within 15 days of the date of the letter of the
Vice President of Student Affairs and Dean of Students described at Step 3. An appeal by e-mail
shall be deemed to be received on the date it is sent to the President of the College. The
President of the College may grant an extension of time for the filing of the appeal from the
determination of the Vice President of Student Affairs and Dean of Students, provided the
request for such an extension is received prior to 15 days from the date of the letter of the Vice
President of Student Affairs and Dean of Students at Step 3.

Step 5. Within 15 days from the President’s receipt of the student’s appeal of the Step 3
letter of the Vice President of Student Affairs and Dean of Students, the President of the College
shall transmit a letter to the student by which he or she indicates whether the student’s appeal
shall be granted, in whole or in part, or denied, in whole or in part. This letter shall include a
recitation of the reason(s) for the decision of the President of the College. There shall be no
further appeal.

VI. RELATIONSHIP TO OTHER COLLEGE POLICIES

Depending upon the circumstances at issue, a student may be provided with the
opportunity to voluntarily avail himself or herself of the College’s leave of absence or
withdrawal policy prior to the determination that an Administrative Withdrawal of the student is
required.

(updated 8/28/2012)

Contact Information

Student Affairs
Phone: 570-945-8252
Email: studentlife@keystone.edu

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