A test for involuntary medical withdrawals

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Madison, Wis.—June 8, 2010—Jessica is a successful student with a 3.5 GPA. She struggles with suicidal behaviors, and she has been seeing a psychologist in the counseling center. Recently, Jessica reported suicidal feelings to her RA, and she was voluntarily admitted to the local psychiatric hospital. Since her dismissal, the feelings and behaviors have continued; Jessica cuts herself daily, and she was recently hospitalized again after being found sitting on the edge of the school’s bridge, thinking about jumping.

When Jessica is released, what do you do? Do you welcome her back into the campus community and hope that her case does not become a tragedy? Or do you require her to take an involuntary medical withdrawal?

Involuntary medical withdrawals are a complex situation, and they should be used in cases of last resort. In their recent online seminar,

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Western Kentucky University

and Jason Ebbeling, J.D., director of residential education and services at

Southern Oregon University

, detail the “direct threat test” that must be met before a student can be required to withdraw for medical reasons:
• There must be a high probability of substantial harm.
• The student must undergo an individualized and objective assessment.
• The decision must be based on reasonable medical judgment or the best available non-medical advice.
• The decision must take into account the nature, duration, severity of risk, probability that injury will actually occur, and whether reasonable modifications of policies, practices, or procedures will sufficiently mitigate the risk.

An involuntary medical withdrawal is an approach of last resort in no small part because of the adversarial nature of the process. It is similar to bringing a case to trial, with a formalized process that leaves little room for flexibility, compromise, and creativity, focusing instead on arguments, paperwork, and timelines. Often, it is preferable to pursue less dramatic options, like enlisting the family to assist, smoothing the way for a voluntary withdrawal, or constructing a unique plan that focuses on identifying and meeting individual goals and needs.

If the direct threat test has been met and the university’s involuntary medical leave process indicates that this is the best option, there are a number of things the institution can do to ease the process for the students. The university might provide referrals to services off campus that can help the student address the problems that led to this outcome. The university can also assist with navigating the procedures of the institution, securing a full tuition refund, addressing the need for incompletes and make-up work in classes, and helping construct a timeline for return. Ultimately, this “last ditch” approach to handling a student’s problems can end with a student in better health, ready to return to school and become a positive part of the campus community.

If you missed the seminar and would like to purchase it for your institution, you can

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Magna Publications

is a leading publisher of newsletters and other information products in the higher education segment. Magna also manages onsite and online conferences on topics of interest to higher education.

For more information please contact David Burns, Publisher, Magna Publications, Inc., at 608-227-8109, or

dburns@magnapubs.com

.

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