Article IV: ADMInistrative Withdrawal

A. Standards for Administrative Withdrawal

A student will be subject to involuntary administrative withdrawal from their course(s) and/or Parkland College, if it is determined:

1. The student has been suspended or expelled as a result of a student conduct hearing and has exhausted all appeals to which they are entitled, or

2. At the conclusion of the final step of the faculty-initiated Administrative Removal from the Classroom Due to Student Behavior Procedure, or

3. 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. 
B. Administrative Removal from the Classroom Due to Student Behavior – Procedure

The faculty member’s responsibility is to maintain a positive environment in the classroom so that the faculty member can teach without undue hindrances and all students can constructively engage in class learning activities.  There are occasions when maintaining an environment that is conducive to teaching and learning requires the removal of a student from class.  Such action is necessarily a multi-step procedure to ensure that the student’s due process rights are not violated.

Faculty should document all issues with student behavior in relation to the learning environment as soon as they become apparent.  While most issues are resolved informally at the faculty-student level, a written record of related incidents are required as evidence should a request for administrative removal become necessary.

1. Meeting:

a. If a faculty member believes that a student’s behavior disrupts or is potentially disruptive to the class teaching/learning environment, the faculty member should request a private meeting with the student in the faculty member’s office as soon as possible to discuss the behavior in question.  If the faculty member and student come to an agreement on classroom behavior expectations, the matter is resolved.  

b. If the one-on-one meeting with the student does not resolve the behavior issue or if the behavior is sufficiently egregious, the faculty member will consult as soon as possible with the department chair.  The department chair will meet with the student and the faculty member.  If an agreement is reached on classroom behavior expectations between the student and the faculty member, no further action is necessary at this time.  The department chair documents the one-on-one meeting and agreement.

2. Temporary removal from class:

a. In cases where the behavior exhibited in class seriously disrupts class or is so egregious that it necessitates immediate action by the faculty, the faculty member may request the student to leave the class for the day.  The student will not be permitted to return to class until after a one-on-one meeting with the faculty takes place. In such instances, it is advisable to involve the department chair in the meeting; in all cases, the department chair must be informed when a student is removed, even temporarily, from class.

b. The faculty member and/or department chair should consult the Dean of Students when behavior causes the immediate but temporary removal of the student from the class.  The department chair will keep the division dean apprised of the situation.

c. The faculty member will use the Documentation of Student Behavior form to record the incidents of behavior.

3. Student contract and consequence of administrative (permanent) withdrawal from the class:

a. The department chair in consultation with the faculty member may decide that the agreement on appropriate classroom behavior be explicitly spelled out in the form of a written student contract.  The student behavior contract should include:

i. Behavior expectations for the class

ii. Description of the behavior (e.g., use of technology; inappropriate speech; inappropriate non-verbal behaviors) that has hitherto contributed to the disruption of the teaching/learning environment 

iii. Terms of the contract including:

(a) Actions that the student has to undertake

(b) Broad description of behavior that the student should refrain from (For example, "inappropriate use of technology" rather than "texting in class")

(c) Faculty action and/or resources to support positive student behavior

iv. Consequences for repeating the behavior in question that may include permanent administrative withdrawal from the class

b. Student agreement to the contract is required before a return to class is permitted.  When appropriate, contractual terms should be discussed with the Dean of Students.  The department chair will expedite setting up of the contract so that the student does not lose class time.

i. If the student is not satisfied with the terms of the contract written by the department chair, the student should see the division dean.  The dean will consider all perspectives of the situation including the student, other class members, faculty member and department chair before making a determination whether the student contract is used appropriately to manage the classroom teaching/learning environment.  If the dean determines that the contract is appropriate, the contract is valid as written.  If there are grounds for re-consideration, the dean will remand the case back to the department chair for review.

c. In cases of egregious conduct, especially when the safety of the campus community is impacted the meeting and contract phases of this procedure may be skipped and the college can choose to proceed directly to an administrative withdrawal hearing. 

4. Procedures for executing administrative withdrawal from the class

a. If the student violates the terms of the contract, or if the behavior is egregious and warrants immediate administrative withdrawal, the department chair in consultation with the division dean should immediately recommend to the Dean of Students that the student be administratively withdrawn from the class.  Documentation upon which the recommendation is based will be shared with the Dean of Students.

b. The Department Chair in consultation with the Division Dean will refer students for administrative withdrawal hearings who have:

i. Violated the terms of their classroom contract, or

ii. Committed egregious behaviors that warrant immediate administrative withdrawal.

c. Administrative Hearing 

i. Students moved by the department to a student administrative withdrawal hearing will have charges presented to them by the Dean of Students within 1 school day of notification of the incident from the academic dean. The Dean of Students will attempt to meet with the student the following day to present the charge letter in person as well as email to their Parkland student email account.  Notification to the student to meet with the Dean of Students should be made by the faculty at time of incident. 

ii. The Dean of Students’ charge letter will inform student of the charges and administrative withdrawal hearing date, which shall be no more than 2 school days after the charge letter date.

iii. Student will be informed that Student Conduct Advisor will send them notification via their Parkland student email account to confirm date, time and location of hearing.

d. Hearing Guidelines

i. The Conduct Advisor is responsible for distribution of relevant material to the administrative withdrawal hearing committee members as well as to the charged party. The Conduct Advisor is also responsible for the disposal of all materials.  One copy for record will be maintained in the Dean of Students and the Vice President for Student Services’ Office for one year.

ii. Composition of the Committee and Hearing Procedures

(a) One student selected from a pool of students approved and trained by the Dean of Students. 

(b) Two employees of the College selected from a pool of employees approved and trained by the Dean of Students. One professional support staff member/administrator and one faculty member from a division different than the one referring the student to the hearing.

(c) The withdrawal hearing committee chair will be the student conduct advisor or his or her designee. This position will be nonvoting except in tie votes. 

(d) Other college policies may dictate a variance of this committee composition to include specially trained members – both faculty and students. Composition is dictated by that policies procedure. 

iii. The hearing shall be private, (restricted to committee members, the charged party and the charges parties’ advisors). Admission of any person to the hearing shall be determined at the discretion of the dean of students and normally with the consent of the accused student. 

iv. The involved parties shall have the right of counsel by any relative, Parkland College student, Parkland College employee, or any other designee who serves as an advisor. The advisor’s role is limited to advising the student. Charged students are responsible for presenting their own cases, and therefore, advisors are not permitted to speak to committee members during a hearing or participate directly in any hearing before an Administrative Withdrawal Hearing Committee.

v. To ensure the student understands his or her rights, the “Garrity Procedures” will be read to the accused student prior to questioning and/or allowing the student to make a statement.

vi. If an accused student, with notice, does not appear before an Administrative Withdrawal Hearing Committee, the information in support of the charges shall be presented and considered, even if the accused student is not present.

vii. There shall be a single verbatim record, such as a tape recording, of all formal proceedings during an Administrative Withdrawal hearing. The record shall be the property of Parkland College.

viii. The accused student will be notified that the committee will make its decision within one school day. The final decision will be emailed to the student at their Parkland email address. This decision shall be final and not subject to appeal.

ix. Administrative withdrawals result in a W grade on the student’s academic record. No refund for tuition and fees is given.

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

*Adapted from “The Dismissal of Students with Mental Disorders,” by Gary Pavela, J.D.

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