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Policies

Conduct Assessment, Response, and Evaluation Procedures

When students engage in behavior that is disruptive, threatening, potentially harmful, or otherwise concerning, including when a student is unable to meet a basic standard of self-care, the university may seek to intervene and help the student manage the behavior. Depending on the severity and/or frequency of the behavior, the university may discipline a student under the Honor Code. Nevertheless, where the university believes that the behavior could successfully be addressed through supportive, non-disciplinary intervention, the university will attempt to do so through its Conduct Assessment Response Evaluation (CARE) team, as outlined below.

1. CARE Team

The director of campus life chairs the CARE team, which is composed of university employee(s), at the invitation of the chair, who would be helpful to the evaluation process and, in many cases, will include members of Counseling Services, Disabilities Services, Residential Life, Campus Safety & Security, or the Health Center. The CARE team provides a personal approach of identification, consultation, and coordination of the university response to situations involving students who engage in concerning behavior.

2. Basic Standard of Self-Care

As a small university, BYU–Hawaii offers a basic range of support services to address the health-related needs of students, including mental health needs. Moreover, local community medical resources are likewise relatively limited. Thus, there may be circumstances in which a student who (a) is unwilling to maintain basic everyday living standards (bathing, brushing teeth, feeding self) or (b) requires a level of healthcare that exceeds what the university and community can provide or that would impose an undue burden on the university, will need to seek professional healthcare elsewhere. In such cases, it may be in the best interest of the student to take a leave of absence from the university. Students also have a personal obligation to obtain medical care for conditions that may affect their conduct and to take any related medications as prescribed by their physicians.

3. CARE Team Response

The CARE team meets and reviews reports of students who have engaged in behavior that is disruptive, threatening, potentially harmful, or otherwise concerning. The CARE team assesses a situation by using any available relevant information. This behavioral screening involves emotional symptoms, physical welfare, medical history/diagnosis, conduct concerns, academic progress, peer relationships, family support, prosocial behaviors, and any other relevant factors. According to their various areas of expertise (e.g., disability accommodations, counseling, academic requirements, legal liability, medical knowledge), members of the CARE team identify and discuss possible approaches for helping the student address the concerning behavior.

The director of campus life or his or her designee documents the recommendations of the CARE team and then reaches out to the student and attempts to help the student manage the student’s own behavior. Clear expectations for actions to address the concerning behavior are established and may include, for example, meeting with the Dean of Students or a member of the CARE team; attending counseling; probation; or fulfilling a behavioral contract. Failure to fulfill comply with required condition(s) could lead to action under the Honor Code or the CARE team requiring an involuntary leave of absence, as described below.

The CARE team may also educate the student on available supportive resources, including university offices (including Counseling Services, Disability Services, and the Health Center) and community assistance.

3.1 Involuntary Leave of Absence

Students may, in certain circumstances, experience situations that significantly limit their ability to function sufficiently or continue safely in the university environment. In such cases, a student is encouraged to consider a temporary, voluntary leave of absence from the university (see Student Leave of Absence Policy) to address the issues that led to the need for the leave. However, if a student declines to take a voluntary leave of absence, the university may still place the student on an involuntary leave when:

  • current knowledge about the student’s medical condition and/or the best available objective evidence indicates that the student poses a significant risk to the health or safety of a member of the university community; 
  • the student is unable or unwilling to carry out substantial self‐care obligations and poses a significant risk to his or her own safety not based on mere speculation, stereotypes, or generalizations; and/or 
  • the student’s behavior severely disrupts the university environment, 

In requiring an involuntary leave, the CARE team will follow the steps set forth below, though not necessarily in any particular order.

3.1.1 Notice to Student

The chair of the CARE team gives written notice to the student any time that an involuntary leave of absence is under consideration. The written notice will include the reason(s) why the student is being considered for a leave; contact information for Disability Services, which can provide information about appropriate accommodations; and a copy of these procedures.

3.1.2 Input from Healthcare Providers

A student may permit his or her outside medical and/or mental healthcare providers to speak with member(s) of the CARE team regarding the student’s ability to function academically and safely at the university. In such case, the student will be asked to execute a consent form authorizing the student’s healthcare provider(s) to disclose to the CARE team healthcare information, including protected information, that is relevant and appropriate in considering an involuntary leave of absence. If a student does not permit communication between the CARE team and the student’s healthcare providers, or refuses to execute an appropriate consent form or to respond to requests from the CARE team, the CARE team may proceed with its assessment based on information known to the team.

3.1.3 Accommodations

The CARE team may consult with Disability Services and others, as needed, to determine potential accommodations and/or modifications that could obviate the need for an involuntary leave of absence, such as the option to take a voluntary leave of absence, academic accommodations, housing and dining accommodations, and modifications to university policies, rules, and regulations.

3.1.4 Meeting with Student

When possible, the chair of the CARE team or his or her designee attempts to meet with the student to discuss the implications of, and procedures relating to, an involuntary leave of absence. The student should be given the opportunity to respond with relevant documentation and support from an appropriate party (e.g., doctor, therapist, parent).

3.1.5 Individualized Assessment

In determining whether a student should be subject to an involuntary leave of absence, the CARE team will conduct an individualized assessment of the student based on a reasonable judgment that relies upon current medical or other specialized knowledge and available objective evidence (not stereotypes) to ascertain the following:

  • the nature, duration, and severity of the risk of harm; 
  • the probability that potential injury and/or harm will occur; 
  • the imminence of the potential harm; 
  • whether the student has substantially impeded the educational process or functions of other members of the university community; and 
  • whether reasonable modifications to policies, practices, or procedures could significantly mitigate the risk of harm so as to eliminate the need for an involuntary leave of absence. 

As part of the individualized assessment, the student may be required to undergo an evaluation, including a medical or psychological evaluation, by an objective health professional selected by the CARE team, which may include the university’s Counseling Services (or a licensed professional counselor, social worker, licensed clinical social worker, etc.) or a member of the CARE team. The student may also be required to execute releases, if needed, such that the evaluation report may be shared with the CARE team and other administrators, if appropriate, for the purpose of determining whether the student should be subject to an involuntary leave of absence.

Students referred or mandated for evaluation will be informed so in writing. The evaluation must be completed per the direction of the referral letter unless the chair of the CARE team grants an exception.

In conducting the individualized assessment, the CARE team may also consider any medical or other relevant information, including information submitted by the student, such as but not limited to a medical or psychological evaluation by a health professional of the student’s choice.

3.1.6 Decision Regarding Involuntary Leave of Absence

The CARE team decides, based on a totality of the circumstances, whether the student may stay at the university or should be placed on an involuntary leave and, in the latter case, will author a written decision stating the rationale for its determination and include information regarding the length of the absence and, to the extent appropriate and practicable, any conditions of reinstatement. A copy of the written decision must be delivered directly to the student electronically and/or by mail by the chair or his or her designee. With the written decision, the student must also be provided information about the student’s right to appeal and to seek appropriate accommodations during the appeal process. The review and notice of decision under this policy should be completed in a reasonably timely manner and preferably expedited in cases where a student has been asked to remain away from the university during the review.

3.2 Appeal Process

The CARE team’s decision to require an involuntary leave of absence may be appealed to the student life vice president. A student seeking an appeal must deliver a written petition for review to the student life vice president within five (5) business days of delivery of the CARE Team’s written decision to the student.

The written appeal must specify the particular substantive and/or procedural basis for the appeal and must be made on grounds other than general dissatisfaction with the decision of the CARE team. The review by the student life vice president or his or her designee will be limited to the following considerations:

  • The outcome of the individualized assessment was clearly contrary to the preponderance of the evidence. 
  • A procedural error significantly impacted the fairness or outcome of the assessment (e.g., a substantiated bias or material deviation from the procedures outlined in this policy). 
  • New evidence, unavailable during the original assessment, has been discovered that could substantially impact the original outcome. This new evidence and an explanation of its potential impact must be included in the request for review. 
  • The involuntary leave of absence imposed was substantially disproportionate to the severity of the threat evidenced to the CARE team. 

Except as required to explain the basis of new information unavailable at the time of the CARE team’s review, the student life vice president’s review will be limited to the record of the initial assessment and the supporting documents. The appeal decision of the student life vice president is final with no further recourse and shall consist of: (a) upholding the leave; (b) vacating the leave/reinstating the student; or (c) modifying the conditions for the student’s reinstatement. On appeal, the student life vice president shall presume that the CARE team’s decision was reasonable and appropriate, and the student has the burden of establishing that the CARE team’s decision was, instead, reached in clear error.

3.3 Return Following an Involuntary Leave of Absence

A student’s involuntary separation from the university under these procedures is intended to be temporary; it is not a ban or expulsion. Students placed on an involuntary leave may return to the university no sooner than the next term or semester.

A student who is seeking to return to the university after an involuntary leave must receive clearance from the dean of students after providing written evidence from a licensed medical or mental health professional that the student is no longer a direct threat to others and is otherwise qualified to participate in the university’s educational programs. Any other conditions of readmittance established in accordance with this policy must also be satisfied. For example, as a condition of reinstatement, the student may be required to provide the university with a written report from a medical provider(s) that addresses whether the student: (a) has complied with his/her specified treatment plan(s); (b) is ready to return to the unstructured, and sometimes stressful, environment of the university; and/or (c) has specifically addressed the issues and challenges that led him/her to be withdrawn from school. The dean of students may consult with members of the CARE team when considering reinstatement.

All returning students must also hold a current ecclesiastical endorsement and meet all other essential eligibility requirements and any technical standards of the university.

If the dean of students is not satisfied that the student is ready to return to the university, the student will be notified in writing of the decision, including the reason for the decision, within ten (10) business days after the student has submitted a request for return and required documentation.

3.4 Implications of an Involuntary Leave of Absence

3.4.1 Student Status

Students on a leave of absence generally retain their admitted student status; however, they are not enrolled in classes and therefore do not have the rights and privileges of registered students. However, if a student on involuntary leave remains unenrolled for more than two consecutive semesters, the student will need to successfully complete a reapplication process and be readmitted to the university (see Student Leave of Absence Policy). If the student fulfills the terms and conditions placed on the student through the involuntary leave process, and meets the other general university conditions for enrollment (e.g., ecclesiastical endorsement and compliance with the Church Educational System Honor Code), the dean of students will recommend to the Admissions department that the student be readmitted and will support the student through the reapplication process. However, determinations on readmission remain at the sole discretion of the Admissions department.

3.4.2 Housing

Students on a leave of absence are not eligible to live in on-campus housing. However, students may petition Residential Life for exceptions to this policy and may be granted sufficient time to find alternate housing before being required to leave their university-provided housing. Students who leave the university before the end of a term may be eligible to receive refunds of portions of their housing charges.

3.4.3 Association With the University While on Leave

Unless expressly permitted by the dean of students in writing, students on an involuntary leave of absence are not permitted to be present at the university and are not permitted to engage in any university‐related activities, including class, online class, or on‐campus employment. However, generally a student may attend publicly available university events on the same basis as a member of the public (unless banned).

3.4.4 Visa Status

International students (J‐1 and F‐1 Visa holders) placed on an involuntary leave of absence must speak with an International Student Services advisor regarding their visa status.

3.5 Scope of the Policy and Relationship to Other University Policies

Requiring an involuntary leave of absence is an administrative process; it is not a disciplinary process and does not follow formal rules of evidence typically applicable in judicial proceedings. These CARE procedures are not intended to be punitive and do not take the place of disciplinary actions under the Honor Code or other university policies, nor do they preclude the dismissal of students from the university or university‐related programs as a result of violations of the Honor Code or other university policies or procedures. These procedures do not limit the university’s ability to place enrollment holds on students for reasons beyond the scope of these procedures, and nothing in these procedures or the Behavioral Intervention and Threat Assessment Policy relieves a student of any financial obligations to the university that were in place at the time the involuntary leave of absence was imposed.

Nothing in these procedures limits the power of the university to take administrative action to ensure the safety of the university community. In exceptional circumstances, where the health or well‐being of any person may be seriously affected, or where physical safety is seriously threatened, or where the ability of the university to carry out its essential operations is seriously threatened or impaired, the university may, under the Behavioral Intervention and Threat Assessment Policy, modify its intervention to a disciplinary intervention under the CES Honor Code and/or Banning Policy.

3.6 Other Conditions

Nothing in these procedures shall be interpreted to prohibit the CARE team from requiring a student who meets the above criteria set forth in Section 2.1 to meet other behavioral conditions or actions, short of an involuntary leave of absence, as an express condition for remaining at the university.

3.7 Full Withdrawal

Students who elect to fully withdraw (i.e., discontinue enrollment) rather than accept an involuntary leave of absence, are required to reapply for admission after the time specified by the Admissions department and will be treated as any other applicant for admission at that time, including the requirement to have a current ecclesiastical endorsement and to be in good honor code standing.

4. Confidentiality

Information regarding the student is shared with the CARE team, all of whom are university officials or personnel, on a need-to-know basis only. Additionally, in instances where the CARE team advises that the student’s health and safety are at risk, the CARE team may recommend that the director of campus life or other university personnel share the student information with the student’s parents or any other individual in a position to reasonably help assure the student’s health and safety.

5. Reporting

All members of the BYU–Hawaii community are encouraged to be alert to the possibility of violent or disruptive acts on the part of students, staff, faculty, or others, and to report such behaviors. Anyone who observes or experiences threatening or potentially threatening conduct should report the conduct through Report a Concern, the EthicsPoint Hotline (888 238-1062), or by contacting the BYU–Hawaii Campus Safety & Security (808 675-3911), or the dean of students (808 675-8645). Serious disruptive or threatening behavior, property damage, or other illegal activity should be reported immediately to Honolulu Police (911).