Involuntary Leave of Absence for Students

The University adopts and will comply with all aspects of SUNY Policy 3202, Involuntary Leave of Absence for Students, including the campus-specific procedures included within.

Procedures

This procedure outlines the parameters governing involuntary leaves of absence for Students at the University at Albany, SUNY to support Students and Campus safety, aligning with the latest standards of the U.S. Department of Education's Office for Civil Rights (OCR) and the U.S. Department of Justice (DOJ).
 

1. The President designated the Associate Dean of Students (Associate Dean), in consultation with the Students of Concern Committee (SoC), as the University designee for implementing this policy and procedure.
2. In accordance with this policy and procedure, the Associate Dean, in consultation with the SoC, has the authority to place a student on an involuntary leave of absence after appropriate procedural due process has occurred according to this policy and procedure.
3. The Associate Dean may be notified about a student who may meet the criteria for an involuntary leave of absence from a variety of sources, including, but not limited to, the student's Academic Advisor, Residential Life staff, an academic department, or a member of the SoC. If the Associate Dean, in consultation with the SoC, deems it appropriate, the procedures under this policy can be initiated.
4. Before placing any student on an Involuntary Leave of Absence, the University will conduct an individualized assessment, consulting with Disability Access and Inclusion Student Services (DAISS) to determine if there are reasonable accommodations that would permit the student to continue to participate in the University environment without taking a leave of absence.
    

1. SUNY and the University at Albany are committed to providing equal access to all participants in the University at Albany processes, including students with disabilities. Students with disabilities should contact DAISS to request reasonable accommodations. The University at Albany displays this information on its website at https://www.albany.edu/dean-students/disability/accommodations-services.
    

1. The Associate Dean, or a designated member of the SoC, will issue a notice to the student in writing that an involuntary leave of absence is under consideration. The written notice will include:

   • the reason(s) why the student is being considered for an involuntary leave of absence,
   • contact information for DAISS, which can provide information about potential reasonable accommodations, and
   • a copy of the State University of New York and the University at Albany policies.

   The notice must provide clear information about DAISS, including:

   • the location of the office,
   • whom to contact,
   • services provided,
   • information about how to request reasonable accommodations and supports, and
   • any other pertinent information the campus deems necessary.

1. The University will provide training for one or more employees to serve as an Advisor for when this policy is initiated.
2. The notice referenced above will provide contact information (including the name and position) for a neutral or impartial advisor outside of the decision-making process under this policy (the "Advisor"), with knowledge of the Campus's involuntary leave of absence process, who will serve as a resource to answer any student questions about the process from referral to return to the University.
3. In the written notice, the student will be encouraged to respond and to contact the Advisor before a decision regarding an involuntary leave of absence is made. The student will be given a specified time period within which to do so.
4. If a student utilizes an Advisor as part of this process, the Advisor cannot speak on behalf of the student, and all administrative procedural rules apply. The student is responsible for self-advocacy and consults with the Advisor.
5. The Advisor will work with the student throughout the involuntary leave of absence process and any appeals.
6. The Advisor shall be copied on all notices to the student after the student provides consent to have the Advisor as part of their process.
    

1. To the extent required by applicable law, the Associate Dean must consider potential reasonable accommodations and/or modifications that could eliminate the necessity for an involuntary leave of absence. These may include, without limitation, a voluntary leave of absence and/or academic/housing/dining accommodation(s). The University at Albany must document all such considerations, accommodations, and related decisions.
    

1. The student may be asked to execute an Exchange of Confidential Information Consent Form providing certain University at Albany personnel with temporary authority to obtain information from the student's health care provider(s) regarding issues relevant and appropriate to the consideration of an involuntary leave of absence when there is a need for the University at Albany to have access to that information as part of the interactive process and individualized assessment. Any direct communication with a student's medical provider shall be done through Student Health Services or Counseling and Psychological Services, respectively. Student Health Services and/or Counseling and Psychological Services will relay medical and/or mental health information to the Associate Dean and the SoC, who is responsible for assessing all information regarding a potential involuntary leave of absence. Access to these records, if the University at Albany is given authority, shall be limited to personnel directly involved in the deliberation and decision-making process under this policy. The University at Albany shall establish procedures for the secure storage of this confidential health information that is received at any point in the leave and return processes. If a student refuses to execute this document or to respond within the timeframe set by the Associate Dean and the SoC, the Associate Dean and the SoC may proceed with the assessment based on the information in their possession at that time.
    

1. The Associate Dean will consult with DAISS before deciding to impose an involuntary leave of absence.
2. The Associate Dean may also confer, as feasible and when appropriate, depending upon the matter, with individuals regarding the need for an involuntary leave of absence. Each case may vary, but conferring individuals can include:
   • Member(s) of the Students of Concern Committee or equivalent team that assesses and monitors students of concern.
     • The University at Albany, SUNY, SoC is typically comprised of:
       • Representatives from the Office of the Dean of Students
         • The Associate Dean of Students
         • The Assistant Dean of Students, Community Standards
         • The Assistant Dean of Students, DAISS
       • The Executive Director to the Associate Vice President for Student Affairs/Dean of Students
       • Representatives from Residential Life
         • The Senior Associate Director
         • The Assistant Director for Residential Conduct
       • Representatives from the University Police Department
         • The Assistant Chief of Police
         • The Deputy Chief of Investigations
       • A representative from Counseling and Psychological Services
       • A representative from Academic Advising
       • Ad hoc consultants, including but not limited to:
         • Academic Advisors;
         • Faculty members;
         • Department head for programs that lead to professional licensure, as appropriate;
         • Representatives from Student Health Services (with appropriate authorization for any providers who have provided services to the student); and/or
         • Representatives from the Office of Health Promotions.
   • The student's treatment provider(s) or other health care professionals (with appropriate authorization for any providers who have provided services to the student); and/or
   • Other individuals who may be appropriate in an individual matter.
      

1. When evaluating whether an involuntary leave of absence is appropriate, the Campus will consider specific criteria, such as:

   • Whether current knowledge about the individual's medical condition and/or the best available objective evidence indicates that a student poses a significant risk to the health or safety of a member of the Campus community;
   • Whether a student is unable or unwilling to carry out substantial self-care obligations and poses a significant risk to their own safety, not based on mere speculation, stereotypes, or generalizations; and/or
   • Whether a student's behavior severely disrupts the University at Albany environment.

   
   The individualized assessment for each factor, based on reasonable judgment that relies on current medical knowledge to the extent that information is available or the best available objective evidence, should capture:

   • the nature, duration, and severity of the risk or disruption;
   • the probability that the risk or disruption will actually occur; and
   • whether reasonable modifications of policies, practices, or procedures will appropriately mitigate risk or disruption, thereby eliminating the need for an involuntary leave of absence.
2. The Associate Dean and the SoC at the University will give significant weight to the opinion of the student's treatment provider(s) identified by the student (with appropriate authorization) regarding the student's ability to function academically and safely at the campus with or without reasonable accommodations.
3. If the Associate Dean, in consultation with the SoC, determines that the information provided by the treatment provider(s) is incomplete, requires further explanation or clarification, or is inconsistent with the other information in the student's record, the Associate Dean or a designee from the SoC at the University at Albany, SUNY (with appropriate authorization) may contact the treatment provider(s) to obtain additional information. In certain circumstances, the University at Albany may request that a student undergo an additional evaluation by an independent and objective professional designated by the University at Albany, SUNY, if the Associate Dean and/or the SoC believes it will facilitate a more informed decision. The University at Albany, SUNY, will document the reasoning for such a decision appropriately, if warranted.
    

1. Following the Associate Dean and SoC's consultations and review of the relevant documentation and information available, the Associate Dean, in consultation with the SoC, shall decide whether the student should be placed on involuntary leave of absence, and shall provide written notice of the decision to the student.
2. This written notice of decision shall include information about the student's right to appeal the decision and information about reasonable accommodations available during the appeal process. The review and notice of decision shall be performed in a reasonable and timely manner.
   1. If an Involuntary Leave of Absence is Imposed: The written notice of any decision concerning the student shall set forth the basis for the decision; a timeframe for when the student must leave the University at Albany, SUNY; the student's right to appeal the decision; and information about reasonable accommodations available during the appeal process. This notice shall also outline the circumstances under which the student may be eligible to return to the University at Albany, SUNY, and the conditions and/or requirements that the student must satisfy to be eligible for return. This written notice shall also inform the student of their right to reasonable accommodation in the return process and will provide contact information for DAISS for students requiring reasonable accommodation. The length of the student's leave will be determined on an individualized basis. The student's Advisor shall be copied on all notices concerning all decisions related to the student if the student so designates and consents.
   2. If an Involuntary Leave of Absence is Not Imposed: The Associate Dean, in consultation with the SoC, may impose conditions and/or requirements under which the student is allowed to remain at the Campus using the least restrictive appropriate means possible.
       

1. Within seven (7) calendar days of receiving the written notice of a decision from the Associate Dean at the University, the student may submit an appeal of the decision in writing to the Vice President for Student Affairs, who is the President's designee(s) for appeals under this policy.
2. The appeal shall be heard by a three (3) person Board of Appeals. The decision-maker who imposes an involuntary leave of absence shall not hear appeals or render decisions on appeals. The individuals chosen to oversee appeals cannot have been involved in the original decision-making process.
3. The written request for 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 Associate Dean in consultation with the SoC. While the appeal is pending and being heard by the Board of Appeals, the original decision will remain in place. All appeals decisions will be issued within seven (7) calendar days of submission.
4. The criteria for appeal will be limited to the following:
   • Disproportionate Findings or New Information: if there is any information not previously considered that would allow the student to remain with a reasonable accommodation or if there is any new information not previously available to the student that may change the outcome of the decision-making process;
   • Procedural irregularities: if any procedural irregularities materially affected the outcome of the matter to the detriment of the student who appealed the decision.
5. After reviewing the matter fully, the Board of Appeals will issue a written decision affirming, modifying, or reversing the decision to place the student on an involuntary leave of absence. The Board of Appeals' decision shall be final, and no other appeals or grievance procedures are available at the University at Albany, SUNY.
    

1. In emergency situations involving an imminent threat of harm to the student or any other member of the Campus community, the Associate Dean or a designee from the SoC, in the exercise of his or her reasonable judgment, may require a student to be immediately prohibited from entering the campus or facilities utilized for University, programs or activities while such individualized assessment and review under this policy is taking place.
2. Such students shall receive written notice to this effect as quickly as possible and/or practicable. While this individualized assessment and review is being conducted, the Associate Dean, in consultation with the SoC, shall make every effort to decide within seven (7) calendar days, provided that the student responds promptly to requests for information and, if appropriate, evaluation.
3. If there are delays, the University at Albany, SUNY, shall document the reason for such delays in writing.

1. Student status: Students on a leave of absence generally retain their admitted student status during the period of the student's leave based on the University's enrollment policies; however, they are not registered and, therefore, do not have the rights and privileges of registered students.
   • University at Albany, SUNY students should review the appropriate graduate or undergraduate policies, as applicable, to ensure they are aware of all campus policies regarding students on a leave of absence.
     1. Graduate: https://www.albany.edu/graduate/resources-current-students/withdrawals-leaves-absence-readmission
     2. Undergraduate: https://www.albany.edu/undergraduate-education/students/withdrawal-readmission-degree-completion
2. Housing: Consistent with the University Department of Residential Life's Housing License, students assigned to a university residence hall or apartment are subject to the terms and conditions of the Housing License. Students who leave the University before the end of a term may be eligible to receive refunds of portions of their housing charges, per SUNY Policy. For additional information regarding the eligibility criteria for housing refunds for students in accordance with the Housing License, visit https://www.albany.edu/residential-life/policies-procedures/housing-license.

3. Effective date(s) of leave: A student must leave the Campus within the timeframe set forth by the Associate Dean or Board of Appeals, as applicable, in the decision to impose an involuntary leave of absence. The leave will remain in effect until:

   • The Associate Dean, in consultation with the SoC, has determined after an individualized assessment, the parameters of which shall be set forth in the written decision of the Associate Dean or the Board of Appeals, as applicable, that the student is able to return to the campus with or without reasonable accommodations, and
   • The student has complied with any University requirements applicable to all students returning from a leave and all conditions mandated by the Associate Dean or Board of Appeals. The University must clearly and prominently display the requirements applicable to all students returning from a leave on the same page as this policy.
     1. Graduate: https://www.albany.edu/graduate/resources-current-students/withdrawals-leaves-absence-readmission
     2. Undergraduate: https://www.albany.edu/undergraduate-education/students/withdrawal-readmission-degree-completion

   Students are not permitted to return mid-semester if placed on a leave of absence. The University clearly identifies and states deadlines for all requests to return, which align with the start of each academic term per year. This includes short, sprint, and late start sessions within the semester. This also includes online, arranged classes, and internships.

4. Notification: At any time while the student is on leave, the Associate Dean or a designee from the SoC may notify a student's parent, guardian, emergency contact, or other individual, consistent with the law, if notification is deemed appropriate under the circumstances.
5. Association with the University at Albany while on leave: Unless expressly permitted by the Associate Dean, a designee from the SoC, or the Board of Appeals in writing, as applicable, students on an involuntary leave of absence are not permitted to be present at the University Campuses. They are not permitted to engage in any campus-related activities, including on-campus and/or remote employment opportunities.
6. Coursework taken while on leave: Consistent with the University at Albany, SUNY policies and procedures, academic credit for work done elsewhere may be allowed toward a Campus degree. However, students must consult with the Office of Undergraduate Education or the Graduate School, as applicable with the student's academic status, that handles leaves of absence and their academic department prior to taking any coursework while on an involuntary leave of absence.
7. Access to Student Accounts while on leave: Unless expressly prohibited in writing by the Associate Dean, students on leave generally may retain their student NETID privileges, allowing access to:
   • Their University at Albany, SUNY email account, and
   • Campus accounts and records.
8. Tuition and Fees: Consistent with SUNY's and the University's local policies and procedures, students who leave the University before the end of a term may be eligible to receive refunds of portions of their tuition. For more information, visit: https://www.albany.edu/cost-aid/financial-liability-dropping-courses-or-withdrawing. See the SUNY Tuition Refunds Policy for a schedule of refunds.
9. Financial Aid: The University's Financial Aid Office shall serve as the point of contact for all questions regarding any effect an involuntary leave of absence decision may have on that student's financial aid.
10. Meal Plan: Students on involuntary leave should consult the Housing License for information on what refunds may be available on meal plans: https://www.albany.edu/residential-life/policies-procedures/housing-license.
11. Visa Status: International students (F-1 and J-1 Visa holders) placed on an involuntary leave of absence must speak with International Student and Scholar Services regarding the effect an involuntary leave of absence may have on that status.
     

1. In addition to the general requirements all students must meet when returning to the Campus after a leave of absence, as well as any conditions imposed by the Associate Dean, a designee(s), or Board of Appeals, as applicable, for return from an involuntary leave of absence as outlined in the decision, students seeking to return from an involuntary leave of absence imposed for reasons of personal or community health and safety may be required to submit additional documentation related to the factors set forth in Section III.6 as part of an individualized assessment. DAISS will work with students to provide reasonable accommodations in the return process as appropriate.
2. A student must make a written request to the Associate Dean or designee to return to the Campus. Generally, a student shall not be allowed to return until one full semester has elapsed or until the leave period in the involuntary leave of absence notification has elapsed, and all conditions and/or requirements have been met.
3. The Associate Dean or designee may require the student to provide evidence that the student, with or without reasonable accommodations, has sufficiently addressed the issues that previously established the criteria for imposing an involuntary leave of absence as set forth in Section III.6, above. The Associate Dean or designee may also ask, confer with, or seek information from others to assist in making this determination. The information sought may include:
   • At the student's discretion, documentation of efforts by the student to address the issues that led to the leave;
   • Release of academic records to inform treating clinicians (with appropriate authorization);
   • Release of treatment information to the extent necessary to determine if the student has sufficiently reduced the risk or disruption that led to the leave (with appropriate authorization);
   • Consultation with the Student Health Services and/or Counseling and Psychological Services to the extent necessary to determine if the student has sufficiently reduced the risk or disruption that led to the leave (with appropriate authorization); and/or
   • Consultation with the DAISS.
4. All returning students must meet the essential eligibility requirements and any technical standards of the Campus and, if applicable, the relevant school or department, with or without reasonable accommodations. If the Associate Dean or designee determines that the student is ready to return to the Campus, the student will be notified in writing of the decision, including the reason for the decision, within a reasonable time after the student has submitted a request for return and required documentation per this policy.
5. A student not permitted to return may appeal the decision to the Board of Appeals under this policy, following the procedures in Section V.
6. Based on the Campus's enrollment policies, a student may be disenrolled after a certain period of inactivity. For more information, visit:
   • Graduate: https://www.albany.edu/graduate/resources-current-students/withdrawals-leaves-absence-readmission
   • Undergraduate: https://www.albany.edu/undergraduate-education/students/withdrawal-readmission-degree-completion
      

1. A leave of absence is an administrative process; it is not a disciplinary process. This policy is not intended to be punitive and does not take the place of disciplinary actions that are in response to violations of the Community Rights and Responsibilities, or other policies and directives, nor does it preclude the removal or dismissal of students from the University or University-related programs as a result of violations of other University at Albany policies or school or department protocols.
2. This policy does not limit the University at Albany's ability to place enrollment holds on students for reasons beyond the scope of this policy.
3. This policy does not relieve a student of any financial obligations to the University at Albany that were incurred prior to the time the involuntary leave of absence was imposed. The University at Albany is required to notify students if there might be an effect on the student's financial aid, including returning aid, outstanding balances, potential effects on future aid, and any effects on the New York State Tuition Assistance Program (TAP), the Excelsior Scholarship Program, and any other scholarship, if applicable.
4. Nothing in this policy limits the power of the University at Albany to take administrative action to ensure the safety of the University at Albany community in accordance with all appropriate laws and policies.
5. Nothing in this policy prevents the University at Albany from engaging in a temporary suspension under its policies, if necessary, under the circumstances. Any such cases shall be appropriately reviewed per the University at Albany policy.
6. The University at Albany is required to abide by the Family Educational Rights and Privacy Act (FERPA) and comply with its requirements regarding student privacy.
7. Nothing in this policy prevents the University at Albany from following the Rules of Maintenance of Public Order, as necessary.