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INVOLUNTARY WITHDRAWALS

Preamble Emory University considers the safety and welfare of its students, faculty, and staff a top priority. Therefore, when a student engages in behavior that could constitute a violation of Emory's rules of conduct, the behavior will be addressed as a disciplinary matter under the applicable Student conduct code or, as appropriate, honor code, which defines prohibited conduct and outlines a process for conducting disciplinary proceedings.

This Involuntary Withdrawal Policy and Procedure is not a disciplinary code, policy, or process. It is not intended to apply to situations in which a student engages in behavior that could violate the University's rules of conduct (e.g., an honor code or conduct code). It is intended to apply when a student's observed behavior, actions, or statements indicate a direct threat to the student's health and safety or an immediate threat to the health or safety of others. There may be situations in which this Involuntary Withdrawal Policy and the Student Conduct Code apply. In all cases, the Dean of the LGS shall have final authority regarding the decision, enactment, enforcement, and management of the involuntary withdrawal of a student.

Section 1: Conditions 

A student may be withdrawn involuntarily from Emory if the university determines that the student represents a direct threat to the health and safety of themselves or others by: 

  1. Engaging or threatening to engage in behavior that poses a high probability of substantial harm to themselves or others; or 

  1. Engaging or threatening to engage in behavior that would cause significant property damage would directly and substantially impede the lawful activities of others or interfere with the educational process and the orderly operation of the university. 

Section 2: Procedure 

When the Dean or their designee, based on a student's conduct, actions, or statements, has reasonable cause to believe that the student meets one or more of the criteria for involuntary withdrawal, the Dean may initiate an assessment of the student's ability to participate in the university's program safely. 

An Assistant or Associate Dean initiates this assessment by first meeting with the student to: 

  • Review available information concerning the behavior and/or incidents that have caused concern. 

  • Provide the student with a copy of this Involuntary Withdrawal Policy and Procedure and discuss its contents with the student. 

  • Provide the student with an opportunity to explain their behavior and 

  • Discuss options available to the student, including counseling, voluntary withdrawal, and evaluation for involuntary withdrawal. 

If the student agrees to withdraw voluntarily from the university and waives any right to any further procedures available under this policy, the student will be given a grade of W for all courses, will be advised in writing of any conditions necessary before re-enrollment, and will be referred for appropriate services. 

If the student refuses to withdraw voluntarily from the university, and the Assistant or Associate Dean continues to have reasonable cause to believe the student meets one or more of the criteria for involuntary withdrawal, the Assistant or Associate Dean may require the student to be evaluated by an appropriate mental health or other professionals. 

Section 3: Evaluation 

The Assistant or Associate Dean may refer the student for a mandatory evaluation by an appropriate mental health professional. The university may select a mental health professional so long as there is no cost to the student for the evaluation. A written copy of the involuntary referral shall be provided to the student. 

The evaluation must be completed within five (5) school days after the referral letter is provided to the student. Before the evaluation, the student must sign a written authorization to exchange relevant information between the mental health professional(s) and the university. Upon completion, copies of the evaluation report will be provided to the Assistant or Associate Dean and the student.

The identified professional making the evaluation shall make an individualized and objective assessment of the student's ability to safely participate in Emory's program based on a reasonable professional judgment relying on the most current medical knowledge and/or the best available objective evidence. This assessment shall include a determination of the nature, duration, and severity of the risk posed by the student to the health or safety of themself or others, the probability that the potentially threatening injury will occur, and whether reasonable modifications of policies, practices, or procedures will sufficiently mitigate the risk. With appropriate authorization, the professional will share their recommendation with the Assistant or Associate Dean, who will consider this recommendation in determining whether the student should be involuntarily withdrawn from Emory. A copy of the professional's recommendation will be provided to the student unless, in the opinion of a mental health professional, it would be damaging to the student. 

If the evaluation results in a determination by the mental health professional that the student’s continued attendance presents no significant risk to the health or safety of the student or others and no considerable threat to the property, to the lawful activities of others, or the educational processes and orderly operations of the university, no further action shall be taken to withdraw the student from the University. 

If the evaluation results in a determination that the continued attendance of the student presents a significant risk to the health or safety of the student or others, such that there is a high probability of substantial harm or a significant threat to the property, the lawful activities of others, or the educational processes and orderly operations of the university, the student may be involuntarily withdrawn from the university. In such an event, the student shall be informed in writing by the Assistant or Associate Dean of the involuntary withdrawal of the student’s right to an informal hearing, their right to appeal the hearing officer's decision, and any conditions necessary for re-enrollment. In most cases, a student who is involuntarily withdrawn will be given a grade of W in all courses in which the student is currently enrolled. 

Section 4: Administrative Hearing 

A student who has been involuntarily withdrawn may request an Administrative hearing before a member of the Laney Executive Council appointed by the Senior Associate Dean by submitting a written request to be heard within two (2) business days from receipt of the notice of involuntary withdrawal. A hearing will be set as soon as reasonably possible. The student shall remain involuntarily withdrawn pending completion of the hearing. 

The hearing shall be informal and non-adversarial. During the hearing, the student may present relevant information and be advised by an Emory faculty member, staff member, or licensed health professional. However, the advisor's role is limited to advising the student. After the hearing, the hearing officer shall decide whether to uphold the involuntary withdrawal or reconsider. The 

student shall receive written notice of the hearing officer’s decision immediately. 

Section 5: Appeal to the Dean 

The student may appeal the hearing officer’s decision to the Dean, who shall review all information presented and decide whether to uphold the involuntary withdrawal. 

Section 6: Emergency Suspension 

The university may take emergency action to suspend a student pending a final decision on whether the student will be involuntarily withdrawn in situations in which: 

  • There is imminent danger of serious physical harm to the student or others. 

  • There is imminent danger of significant property damage. 

  • The student is unable or unwilling to meet with the Assistant or Associate Dean; 

  • The student refuses or has failed to complete the mandatory evaluation; or 

  • The Emory Threat Assessment team and Assistant and Associate Deans determine such other exceptional circumstances that suspension is warranted on an emergency basis. 

If action is taken to suspend the student on an emergency basis, the student shall be given notice of the emergency suspension and an initial opportunity to address the circumstances underlying it. 

Section 7: Conditions for Readmission 

Because this Involuntary Withdrawal Policy applies to cases in which there is a concern about the safety of the student or others, the Dean or their designee may require a student who has been involuntarily withdrawn under this policy to be re-evaluated before they are readmitted to ensure that they do not present a direct threat to themselves or others.