Article IV: ADMInistrative Withdrawal

c. By preponderance of the evidence, the student lacks the ability to comply with the published Parkland College policies, rules, and regulations as a result of a mental disorder. Please see Section E, Procedures for Withdrawal Due to Mental Health, below for specific procedures for this type of administrative withdrawal. 

1. An interim administrative withdrawal may be implemented immediately if a student fails to complete an evaluation, as provided by paragraphs 5 and 6 of these standards and procedures. Also, an interim withdrawal may be implemented immediately if the dean of students determines that a student may be suffering from a mental disorder, and the student’s behavior poses an imminent danger of:

a. Causing serious physical harm to the students or others; or

b. Causing significant property damage, or directly and substantially impeding the lawful activities of others.

2. A student subject to an interim withdrawal shall be given written notice of the withdrawal either by personal delivery or by certified mail, and shall be given an opportunity to appear personally before the dean of students two (2) business days from the elective date of the interim withdrawal, in order to review the following issues only:

a. The reliability of the information concerning the student’s behavior;

b. Whether or not the student’s behavior poses a danger of causing imminent, serious physical harm to the student or others, causing significant property damage, or directly and substantially impeding the lawful activities of others;

c. Whether or not the student has completed an evaluation, in accordance with these standards and procedures.

3. A student subject to interim withdrawal may be assisted in the proceeding specified in paragraph 10 by a family member and a licensed psychologist or psychiatrist, or in lieu of a licensed psychologist or psychiatrist, by a member of the faculty or staff of Parkland College. Furthermore, the student may be accompanied by a legal counsel, although the role of counsel will be limited to providing legal advice to the student. Students will be expected to speak for themselves whenever possible. Associated costs for legal counsel or licensed psychologists or psychiatrists shall be incurred by the student. 

4. An informal hearing, as provided in paragraph 3, will be held within seven (7) school days after the student has been evaluated by the proper mental health professional. Such evaluation should be undertaken within two (2) school days after the student submits a proper request for an appointment. The student will remain withdrawn on an interim basis pending completion of the informal hearing, but will be allowed to enter upon the campus to attend the hearing, or for other necessary purposes, as authorized in writing by the dean of students. 

1. Students subject to an involuntary withdrawal shall be accorded an informal hearing before the dean of students. The following guidelines will be applicable.

2. Students will be informed of the time, date, and location of the informal hearing, in writing, either by personal delivery or by certified mail, at least two (2) business days in advance.

3. The entire case file, including an evaluation prepared pursuant to paragraph 5 of these standards and procedures, and the name of the prospective witnesses, will be available for inspection by the student in the dean of students’ office during normal business hours. The file, which should be available at least two (2) school days before the informal hearing, need not include the personal and confidential notes of any institutional official or participant in the evaluation process.

4. The informal hearing shall be conversational and non-adversarial. Formal rules of evidence will not apply. The dean of students shall exercise active control over the proceedings to avoid needless consumption of time and to achieve the orderly completion of the hearing. Any person who disrupts the hearing may be excluded.

5. The student may choose to be assisted by a family member and a licensed psychologist or psychiatrist or, in lieu of a licensed psychologist or psychiatrist, by a member of the faculty or staff of Parkland College. Furthermore, the student may be accompanied by legal counsel, although the role of counsel will be limited to providing legal advice to the student. 

6. Those assisting the student, except for the legal counsel, will be given reasonable time to ask relevant questions of any individual appearing at the informal hearing, as well as to present relevant evidence.

7. Whenever possible, the student will be expected to respond to questions asked by the dean of students. Students who refuse to answer due to concerns about incrimination may be informed that they dean of students could draw a negative inference from their refusal, which might result in their dismissal from the institution, in accordance with these standards and procedures. 

8. The informal hearing may be conducted in the absence of a student who fails to appear after proper notice. 

9. The mental health professional who prepared the evaluation pursuant to paragraph 5 of these standards and procedures may be expected to appear at the informal hearing, and to respond to relevant questions, upon request of any party, if the dean of students or designee determines that such participation is essential to the resolution of a dispositive issue in the case.

10. The dean of students or designee may permit a Parkland official and the mental health professional who prepared the evaluation to appear at the informal hearing and to present evidence in support of any withdrawal recommendation. Such evidence will not be presented by legal counsel for the college.

11. The informal hearing shall be tape recorded by the dean of students or designee. The tape(s) shall be kept with the pertinent case file for as long as the case file is maintained by the institution.

12. A written decision shall be rendered by the dean of students within five (5) school days after the completion of the informal hearing. The written decision, which should be mailed or personally delivered to the student, should contain a statement of reasons for any determination leading to involuntary withdrawal. The student should also be advised as to when a petition for reinstatement would be considered, along with any conditions for reinstatement. 

13. The decision of the dean of students shall be final and conclusive and not subject to appeal.

1. Reasonable deviations from these procedures will not invalidate a decision or proceeding unless significant prejudice to a student may result. 

These standards do not preclude removal from Parkland College, in accordance with provisions of other college rules or regulations.

1. The Dean of Students may refer a student for evaluation by an independent licensed psychiatrist chosen by Parkland College, if the dean of students reasonably believes that the student may meet this criteria. Parkland will incur all expenses for the initial evaluation. The student will assume future costs associated with evaluation, hearing, etc. 

2. Students referred for evaluation in accordance with this part shall be so informed in writing, either by personal delivery or by certified mail, and shall be given a copy of these standards and procedures. The evaluation must be completed within five (5) business days from the date of the referral letter, unless an extension is granted by the dean of students in writing. Students may be accompanied by a licensed psychologist or psychiatrist of their choice, who may observe, but not participate in the evaluation process. Legal representation will not be permitted.

3. Any pending disciplinary action may be withheld until the evaluation is completed, at the discretion of the dean of students.

4. A student who fails to complete the evaluation in accordance with these standards and procedures may be subject to interim suspension, as set as set forth above, or referred for disciplinary action, or both.

5. A student accused of violating the Parkland College student code may be diverted from the student conduct process and withdrawn in accordance with these standards, if the student, as a result of a mental disorder:

a. Lacks the capacity to respond to pending student conduct charges; or

b. Did not know the nature or wrongfulness of the conduct at the time of the offense.

6. Students subject to conduct charges (Article III, Student Code of Conduct) who wish to introduce relevant evidence of any mental disorder must so inform the dean of students in writing at least two (2) business days prior to any student conduct hearing. If the dean of students determines that the information provided may have merit, the case shall then be resolved in accordance with these standards and procedures. Thereafter, if it is determined that the student does not meet the criteria set forth in section 5 above, the case will be returned to the student conduct process. Evidence of any mental disorder may not be admitted into evidence or considered by the Student Conduct Committee in any student conduct proceeding.