Involuntary Leave of Absence Policy (Students)

Preface

Rockland Community College (RCC or “the College”) is committed to fostering a campus environment that supports academic success, student well-being, and the safety of all members of the College community.

The College recognizes that, in rare circumstances, a student’s behavior may present a direct threat to the health or safety of themselves or others or may substantially disrupt the operations of the College. In such cases, the College may implement an Involuntary Leave of Absence (ILOA) as a non-disciplinary and administrative action when reasonable accommodations or supportive interventions are not sufficient to mitigate the risk.

Whenever appropriate, the College will encourage voluntary leave as an alternative prior to initiating an involuntary process.

This policy is intended to balance individual student rights with the College’s responsibility to maintain a safe and effective learning environment.

Statement of Jurisdiction

The College retains authority to implement this policy for any student enrolled at RCC.

This policy applies to behavior that:

• Occurs on College premises or at College sponsored activities; or
• Occurs off campus when such behavior:
• Poses a risk to the health or safety of the College community; or
• Substantially interferes with the educational mission or operations of the College

The College may implement this policy regardless of whether the behavior is subject to civil or criminal proceedings.

Authority for Administration

The College President has designated the Vice President for Enrollment Management and Student Affairs, or designee, as responsible for the administration of this policy.

The Behavioral Assessment Committee, or equivalent, may assist in assessment and recommendations.

Definitions

1. Involuntary Leave of Absence (ILOA)
   A temporary administrative separation initiated by the College when a student’s behavior presents a direct threat to health or safety, or results in substantial disruption, and such risk cannot be mitigated through reasonable accommodations.
2. Direct Threat
   A significant risk to the health or safety of the student or others that cannot be eliminated or reduced to an acceptable level through reasonable accommodations, as defined under applicable federal law.
3. Substantial Disruption
   Conduct that materially interferes with College operations, activities, or the rights of other members of the community.
4. Behavioral Assessment Committee
   A multidisciplinary team that evaluates reports of concerning behavior and provides recommendations to support student success and campus safety.
5. Business Day
   Any day the College is open for regular operations, excluding weekends and official holidays.

Section I – General Standards

The College considers the following principles essential in the application of this policy:

1. Non-Disciplinary Nature
   The Involuntary Leave of Absence is not a disciplinary action and does not constitute a finding of misconduct.
2. Individualized Assessment
   All determinations will be based on objective, current information and an individualized assessment of the student.
3. Reasonable Accommodations
   The College will consider whether reasonable accommodations or modifications can sufficiently mitigate the identified risk and will not impose an involuntary leave if reasonable alternatives exist.
4. Compliance with Law
   This policy will be implemented in accordance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and other applicable laws.
5. Due Process
   Students will be provided notice and an opportunity to respond prior to a final determination, except in emergency situations.
6. Non-Discrimination and Non-Retaliation
   The College will not discriminate or retaliate against any student for seeking support or participating in this process.

Section II – Criteria for Involuntary Leave of Absence

A student may be placed on an Involuntary Leave of Absence only when:

1. The student poses a direct threat to health or safety, or causes substantial disruption;
2. The risk is supported by objective, current evidence;
3. The College has conducted an individualized assessment;
4. The College has considered whether reasonable accommodations could sufficiently mitigate the risk;
5. All reasonable accommodations and supportive measures have been explored and determined insufficient; and
6. No reasonable alternative exists that would allow the student to remain enrolled safely.

Section III – Assessment and Review Process

A. Referral
Concerns regarding a student may be reported by any member of the College community to the Behavioral Assessment Committee or appropriate College office.

B. Initial Review
The College will review available information to determine whether further assessment is warranted.

C. Individualized Assessment
The assessment will consider:

• The nature, duration, and severity of the behavior
• The likelihood that harm will occur
• The immediacy of the risk
• Whether reasonable accommodations can mitigate the risk
• Reliable, objective evidence—not speculation or fear
• Information from qualified professionals, when appropriate

The College may consult with appropriate offices, including counseling services, accessibility services, and public safety.

Section IV – Interim Action (Emergency Removal)

Section V – Notice of Proposed Action

The student will receive written notice that includes:

• The basis for the proposed Involuntary Leave of Absence
• A summary of the behavior or concerns
• Available support resources
• Instructions for participating in the review process

Section VI – Student Response

The student will have the opportunity to:

1. Provide information or documentation
2. Suggest reasonable accommodations
3. Meet with designated College official, such as a Student Conduct Officer or the Executive Director of Student Engagement and College Life
4. The student must respond within five (5) business days of notice unless otherwise specified.

Section VII – Determination

Following review, the Vice President for Enrollment Management and Student Affairs (or designee) will issue a written determination within five (5) to ten (10) business days that includes:

• The outcome of the review
• The rationale for the decision
• Any conditions for return
• Information regarding appeal procedures

Section VIII – Duration and Return

An Involuntary Leave of Absence is intended to be temporary.
Conditions for return may include:

• Documentation from an appropriately licensed healthcare or mental health provider
• Demonstration of the ability to safely participate in the College environment
• Compliance with recommended treatment or support plans

Documentation must address the student’s ability to safely return to the academic environment.

Decisions regarding return will be based on objective evidence that the student no longer poses a direct threat. The College will not impose conditions that are more restrictive than necessary.

Section IX – Appeal Procedures

A student may appeal the determination within five (5) business days on the following grounds:

1. Procedural error
2. New information not previously available

Appeals will be reviewed by a College official not involved in the original decision, such as the Vice President for Academic Affairs, a senior Student Affairs administrator, or another appropriate designee.

The decision on appeal shall be final.

Section X – Academic and Financial Implications

Students placed on an Involuntary Leave of Absence will be provided with information regarding:

• Tuition and fee implications
• Financial aid impact
• Academic standing and re-enrollment procedures

Section XI – Confidentiality and Recordkeeping

The College will maintain the privacy of all individuals involved to the extent possible and in accordance with applicable laws, including the Family Educational Rights and Privacy Act (FERPA).

The College will maintain documentation of all assessments and decisions consistent with institutional record retention policies.

Section XII – Relationship to Other Policies

This policy operates independently of:

• Student Code of Conduct
• Title IX policies
• Academic dismissal procedures

This process will not be used in place of disciplinary action when conduct violations are the primary concern. The College may pursue multiple processes concurrently where appropriate.

Interpretation and Revision

Any question of interpretation of this policy shall be referred to the Vice President for Enrollment Management and Student Affairs, whose determination shall be final.

This policy shall be reviewed periodically and updated as necessary to ensure compliance with applicable laws, regulations, and institutional priorities.