Mandatory Medical Leave

Mandatory Medical Leave

The Web site contains information on the College's voluntary medical leave policy and the mandatory medical leave policy.

Connecticut College Mandatory Medical Leave Policy

To best serve the physical and mental health needs of students, Connecticut College provides health and counseling services. Some students, however, may have medical or psychological conditions so serious that their ability to function as students is severely affected in ways that prohibit their remaining on campus. In such cases, Connecticut College will act to best support the welfare of the individual student and the College community. This policy describes the procedures for mandatory medical leaves of absence, and procedures for returning to the College after mandatory Medical Leave.

I. Mandatory Medical Leave of Absence

The Dean of Student Life and the Academic Dean may place a student on a Mandatory Medical Leave of Absence, without the student´s agreement or consent, as follows:

1. A student may be placed on a Mandatory Medical Leave of Absence if the Dean of Student Life and the Academic Dean determine that the student, for reasons pertaining to mental or physical health, presents a "direct threat" to the health or safety of him- or herself or others. In making that determination, the Dean of Student Life and the Academic Dean shall give substantial consideration to the professional opinion of the Director of Student Health Services or Director of Student Counseling Services or another qualified health professional with knowledge about the student´s condition. To rise to the level of a "direct threat," there must be a high probability, and not just a slightly increased, speculative, or remote risk, of substantial harm.

2. In a health or safety emergency and in accordance with applicable law, the Dean of Student and the Academic Dean (or a designee) may communicate with a student as necessary to protect the health or safety of the student or others.

3. In determining whether the student presents a direct threat, the Dean of Students and the Academic Dean will make an individualized, objective assessment of the student´s ability to safely participate in the College´s programs. In making this assessment, the Deans will exercise their reasonable judgment based upon all of the information available about the student´s condition, giving substantial consideration to the professional opinion of the Director of Student Counseling Services or Director of Student Health Services or other qualified health professionals with knowledge about the student´s condition. The assessment will consider the nature, duration and severity of the risk; probability that the risky behavior will actually occur; and whether reasonable modifications to the College´s policies, practices or procedures would permit alternatives to a Mandatory Medical Leave of Absence. The Deans may consult with other College officials, including the College´s Director of Student Disability Services, as necessary and appropriate under the circumstances.

4. If a student is being considered for Mandatory Medical Leave, the student may be required to undergo a medical or psychological evaluation by a health professional designated by the College, if needed to determine whether the student poses a "direct threat" (and, if so, whether reasonable accommodations may eliminate or significantly reduce the direct threat). The student must sign any releases deemed necessary for those who are involved in the evaluation and assessment process to share relevant information about the student´s condition. A Mandatory Medical Leave of Absence may be imposed on a student who fails or refuses to undergo an evaluation or to sign a release and as a result a determination cannot be made as to whether a "direct threat" exists.

5. Prior to making a decision, the Deans will provide the student (and the student´s parent(s) in the event they have been notified) a reasonable opportunity to address the information being considered and to provide additional information relevant to the decision. If either Dean determines that a meeting in person poses an unreasonable safety risk, either Dean may require that the discussion be held via telephone conference or similar means.

6. Written notice of the decision will be given to the student and, if appropriate, the student´s parent(s). If the Deans decide to impose a Medical Leave of Absence, the notice will explain the basis for the decision. The Deans´ decision is effective immediately and remains effective unless modified on appeal.

7. The student may request an appeal hearing within seven calendar days of the date of the Deans´ decision by submitting a written appeal to the Dean of Student Life and the Academic Dean. The written request must include a summary of the basis for the appeal. The Deans will refer the appeal to the Dean of the College Community, who will administer the appeal process. The hearing will be held within ten calendar days of the request, unless the time of the hearing is extended by the Dean of the College Community for good cause. The mandatory leave of absence shall remain in effect during the pendency of the appeal.

8. If no timely request for a hearing is submitted, the decision of the Dean of Student Life and the Academic Dean is final.

9. If the student does appeal, the Dean of the College Community will review the written decision of the Deans imposing the Mandatory Medical Leave of Absence, the professional opinions of health professionals who evaluated the student or otherwise are knowledgeable about the student´s condition, and the summary of the basis for the appeal contained in the student´s written appeal. The Dean of the College Community will thereupon determine whether to hear the appeal personally or whether to appoint a hearing panel to hear the appeal. If the Dean of the College Community opts to appoint a panel, the panel will consist of him- or herself (or his or her designee) and two staff members from outside the Deans´ offices.

10. The student and his or her parent(s) may attend the hearing, but not the deliberations, provided, however, that attendance may be limited to participation by conference telephone or similar means if the Dean of Student Life or the Academic Dean determines that attendance in person poses an unreasonable safety risk.

11. The student may be represented by legal counseling at the hearing; however, the role of legal counsel during the hearing will be limited to advising the student. Legal counsel will not be permitted to ask questions or present argument during the hearing.

12. During the hearing, the student may present information in opposition to the Deans´ decision. If the student has a proposal which is different from the Mandatory Medical Leave of Absence, the student is encouraged to present that alternative proposal at or before the hearing.

13. After the conclusion of the hearing, the Dean of the College Community/hearing panel will deliberate in private.

14. In reaching its final decision on a Mandatory Medical Leave of Absence, the Dean of the College Community/hearing panel will determine based on all of the information available whether to continue or discontinue the Mandatory Medical Leave of Absence, adopt an alternative proposed by the student, or develop its own terms and conditions for the student´s continued attendance at the College.

15. The Dean of the College Community will notify the student (and, if appropriate, the student´s parent(s)) in writing of the Dean of the College Community´s/hearing panel´s decision. The appeal decision may include conditions for the student´s return in addition to the usual protocols for Return from Mandatory Medical Leave of Absence. The decision of the Dean of the College Community /hearing panel is final.

16. Nothing in this Policy is intended to alter the College´s policies governing student conduct and disciplinary action, which shall continue to apply.

II. Emergency Interim Leave of Absence

In exceptional circumstances, a student´s continued presence on campus may pose an imminent threat of substantial harm to the student or others such that an emergency interim leave of absence is appropriate.

1. The Dean of Student Life and/or the Academic Dean may immediately implement an emergency interim leave of absence upon the recommendation of the Director of Student Counseling Services or Director of Student Health Services and other College officials and/or health professionals, as appropriate, that a student´s continued presence on campus poses an imminent threat of substantial harm to the student or others.

2. A student who is required to leave on an emergency interim basis shall be given notice of such decision and will be given an opportunity to meet with the Dean of Student Life and the Academic Dean within forty-eight hours from the effective date of the emergency interim leave to discuss the reliability of the information upon which the decision is based. If deemed necessary for safety reasons by the Dean of Student Life and the Academic Dean, such meeting may be held via telephone conference or similar means of communication. Following the discussion, the Dean of Student Life and the Academic Dean may either continue or cancel the emergency interim leave.

3. Once a decision is reached either to continue or cancel an emergency interim leave of absence, the procedures outlined above in Section I for Mandatory Medical Leave of Absence will be followed.

III. Protocol for Return from Mandatory Medical Leave of Absence

Any student who has been placed on a Mandatory Medical Leave of Absence must complete the following procedures before being allowed to return to the College. The following steps are designed to ensure that a direct threat no longer exists and that the student is able to safely participate in College programs. The length of the leave will depend on the circumstances of each case, and students may complete these procedures on different timelines.

1. The student must be assessed by an appropriate outside professional, whose opinions will be advisory to the College. The professional, who is selected by the student, must be a licensed psychologist, psychiatrist or other similar licensed professional if evaluating mental health concerns, and must be a licensed physician or similar licensed medical professional if the evaluation is regarding other medical concerns. Further, the provider must be unrelated to the student and must have specialty/credentials appropriate for the condition of concern. The student will be responsible for any cost incurred by the evaluation. The student must sign any release deemed necessary for the provider and the College to obtain and/or release any information that might be relevant to the evaluation. A student who fails or refuses to undergo an assessment or provide a required result will not be permitted to return to the College.

2. The outside mental health or medical professional must provide written recommendations regarding: a) the student´s readiness to return to the academic and co-curricular demands of College life; b) the student´s readiness to live in the on-campus residential community; c) ongoing treatment or testing plans; d) any conditions or restrictions that the professional deems necessary to enable the student to return, and e) the student´s readiness to return to competitive sports, if the student is a collegiate athlete. Note: the College does not have the capacity to monitor a student´s compliance with treatment or testing plans; accordingly, a student´s readiness to return cannot be contingent upon monitoring by the College of a student´s compliance with ongoing treatment or testing programs.

3. Once the evaluation results have been provided, the student may be required meet with the Dean of Student Life (and/or, at the Dean´s discretion, the Director of Student Counseling Services or Director of Student Health Services or another appropriate Health Center professional) to discuss the evaluation and the student´s own perception regarding readiness to return and the student´s needs and plans for treatment, and to consider how the outside evaluator´s recommendations fit with the realities of student life at Connecticut College and services that may be available on campus or in the surrounding community.

4. The Dean of Student Life and the Academic Dean, in consultation with the Director of Student Counseling Services or Director of Student Health Services, will consider the outside evaluator´s recommendations and the results of the meeting with the student in making the re-entry decision. There may be occasions in which the Deans require an additional, outside evaluation of the student´s condition by a qualified health professional selected by the College. The cost of an additional evaluation would be paid by the College.

5. The Dean of Student Life, in consultation with the Director of Student Counseling Services or Director of Health Services, other health professional(s) and/or College officials as appropriate, may require the student to comply with additional requirements as a condition of returning to the College. Any such requirements shall be reasonably related to the reason for the Mandatory Medical Leave of Absence and tailored to the student´s individual circumstances.

 

 

Last Modified: Monday, May 04, 2009 9:59

Contact Info Phone:
(860) 439-4587
Fax:
(860) 439-2317

Student Counseling Services
Warnshuis Building
270 Mohegan Avenue
New London, CT 06320-4196