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Involuntary Leave of Absence

This policy provides parameters surrounding involuntary leaves of absence for students. This  policy is intended to update SUNY’s procedures to support students and campus safety in alignment with the latest U.S. Department of Education’s Office for Civil Rights (OCR) and U.S. Department of Justice (DOJ) standards.  

Policy 

  1. Involuntary Leave of Absence 

Requiring a student to take a leave of absence is rare and only happens when current medical  knowledge and/or the best available objective evidence indicates to the VP of Student Affairs, or designee, at SUNY Fredonia that there is a significant risk to the student’s health or safety, or the health or safety of others in the Campus community, or the student’s behavior severely disrupts the College or University environment, where no reasonable accommodations can adequately reduce that risk or disruption.  

Consistent with SUNY’s Nondiscrimination Policy, SUNY prohibits unlawful discrimination on  the basis of any type of disability or any other characteristic protected by applicable Federal  and/or State law in the administration of SUNY’s programs and activities.  

SUNY institutions offer a range of resources, support services, and accommodations to address  the physical and mental health needs of students. However, on rare occasions, a student’s needs may require a level of care that exceeds the care that the institution can appropriately provide. Where current knowledge about the individual’s medical condition and/or the best available objective evidence indicates that a student poses a significant risk to their own safety not based  on mere speculation, stereotypes, or generalizations, or the health and safety of others in the Campus community, or where a student’s behavior severely disrupts the University environment and the student does not take a voluntary leave of absence, the VP of Student Affairs has the authority to place a student on an involuntary leave of absence, after appropriate procedural due process has occurred according to this policy.  

Before placing any student on an involuntary leave of absence, SUNY Fredonia will conduct an  individualized assessment, consulting with the Office of Disability Support Services 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. 

The VP of Student Affairs 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, the student’s academic advisor, Residential Life staff, an academic department, or a member of the Students of Concern Team. If the VP for Student Affairs deems it appropriate, the procedures under this policy can be initiated.  

  1. Process for Placing a Student on an Involuntary Leave of Absence  

1. The Vice President for Student Affairs at SUNY Fredonia will consult with the Office of Disability Support Services at SUNY Fredonia prior to making a decision to impose an involuntary leave of absence.  

2. The Vice President for Student Affairs 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 the Office of Disability Support Services at SUNY Fredonia, and a copy of this policy.  SUNY Fredonia will provide clear information about the Office of Disability Support Services, including location of office, whom to contact, services provided, information about how to request reasonable accommodations and supports, and any other pertinent information the campus deems necessary. The notice will also 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 SUNY Fredonia’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 SUNY Fredonia. The Advisor will work with the  student throughout the involuntary leave of absence process and any appeals. 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. 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 and will be given a specified time period within which to do so. SUNY Fredonia may train one or more employees to serve as an Advisor for when this policy is initiated. If a student utilizes an Advisor as part of this process, the Advisor cannot speak for the student and all administrative procedural rules apply. The student is responsible for self-advocacy and consults with the Advisor. 

3. To the extent required by applicable law, the VP for Student Affairs 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). SUNY Fredonia must document all such considerations, accommodations, and related decisions. 

4. The student may be asked to execute an Exchange of Confidential Information  Consent Form providing certain SUNY Fredonia 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 SUNY Fredonia 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 the Student Health Center or Counseling Center at SUNY Fredonia, which will relay that information to the designee(s) responsible for assessing all information regarding a potential involuntary leave of absence.  Access to these records, if SUNY Fredonia is given authority, shall be limited to  personnel directly involved in the deliberation and decision-making process under this policy. If a student refuses to execute this document or to respond within the  timeframe set by the VP for Student Affairs, the VPSA may proceed with assessment based on the information in the VPSA’s  possession at that time. 

5. The VP for Student Affairs 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: 

• Representatives from Residence Life; 

• Faculty members; 

• Academic advisors; 

• Department head for programs that lead to professional licensure, as  appropriate; 

• Representatives from SUNY Fredonia’s Student Health Center (with appropriate  authorization for any providers who have provided services to the  student); 

• The student’s treatment provider(s) or other health care professionals  (with appropriate authorization for any providers who have provided  services to the student); 

• Representatives from SUNY Fredonia’s Counseling Center or  equivalent office (with appropriate authorization for any providers who  have provided services to the student); 

• Member(s) of the Students of Concern Team; and/or 

• Other individuals who may be appropriate in an individual matter. 

6. When evaluating whether an involuntary leave of absence is appropriate, SUNY Fredonia 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  SUNY Fredonia 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 SUNY Fredonia 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. 

7. The VP for Student Affairs at SUNY Fredonia 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. If the VPSA 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 SUNY Fredonia VPSA (with appropriate authorization) may contact the treatment provider(s) to obtain additional information. In certain circumstances, SUNY Fredonia may request the student to undergo an additional evaluation by an independent and objective professional designated by SUNY Fredonia, if the VPSA believes it will facilitate a more informed decision. SUNY Fredonia should appropriately document the reasoning for such a decision, if warranted. 

8. Following the VPSA’s consultations and review of the relevant  documentation and information available, the VPSA hall make a decision regarding whether the student should be placed on an involuntary leave of absence, and shall provide written notice of the decision to the student. 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.  

9. In emergency situations involving an imminent threat of harm to the student or  any other member of the SUNY Fredonia community, the VPSA, 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 SUNY Fredonia programs or activities while such individualized assessment and review under this policy is taking place. 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, every effort shall be made by the VPSA to reach a decision within seven (7) calendar days, provided that the  student responds in a timely manner to requests for information, and if  appropriate, evaluation. If there are delays, SUNY Fredonia shall document the reason for such delays in writing.

  1. Decisions on Involuntary Leaves of Absence 

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 SUNY Fredonia; the student’s right to appeal the decision; and information about reasonable accommodations available during the appeal process. This notice shall also set forth when the student may be eligible to return to campus and the conditions and/or requirements the student will need to satisfy to be eligible for return. This written notice shall also inform the student of their right to reasonable accommodations in the return  process and will provide contact information for the Office of Disability Support Services for students requiring reasonable accommodations. 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 VPSA may impose conditions and/or requirements under which the student is allowed to remain at SUNY Fredonia using the least restrictive appropriate means possible. 

IV. Appeals 

1. Within seven (7) calendar days of receiving the written notice of a decision from  the VPSA at SUNY Fredonia, the student may submit an appeal of  the decision in writing to the appropriate President’s designee(s) for appeals under this policy. 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. 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 President’s designee(s). 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. 

2. 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 there were any procedural irregularities that  materially affected the outcome of the matter to the detriment of the student who appealed the decision. 

3. 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 Campus level. 

V. Implications of an Involuntary Leave of Absence 

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 SUNY Fredonia’s local enrollment policies; however, they are not registered and therefore, do not  have the rights and privileges of registered students. 

2. Housing: Consistent with SUNY Fredonia policies and procedures, students assigned to a SUNY Fredonia residence are subject to the terms and conditions of the Housing License at SUNY Fredonia. Students who leave the Campus before the end of a term may be eligible to receive refunds of portions of their housing charges, per SUNY Policy (eligibility criteria). 

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

  • The VPSA has determined after an individualized  assessment the parameters of which shall be set forth in the written decision of VPSA 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 SUNY Fredonia requirements applicable to  all students returning from a leave and all conditions mandated by the VPSA or Board of Appeals, as applicable. 

Students are not permitted to return mid-semester if placed on a leave of absence.  SUNY Fredonia shall clearly identify and state deadlines for all requests to return, which will 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 VPSA 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 SUNY Fredonia while on leave: Unless expressly permitted by the VPSA in writing, or the Board of Appeals, as applicable, students on an involuntary leave of absence are not permitted to be present at SUNY Fredonia and 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 SUNY Fredonia's policies and  procedures, academic credit for work done elsewhere may be allowed toward a SUNY Fredonia degree. However, students must consult with the Registrar’s Office 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 VPSA, students on leave generally may retain their student ID privileges, which will be explicitly defined per SUNY Fredonia policy,  including their SUNY Fredonia email account. 

8. Tuition and Fees: Consistent with SUNY’s and SUNY Fredonia's local policies and  procedures, students who leave the campus before the end of a term may be  eligible to receive refunds of portions of their tuition. See the SUNY Tuition Refunds Policy for a schedule of refunds.  

9. Financial Aid: SUNY Fredonia shall provide information on any effect an involuntary leave of absence decision may have on that student’s financial aid.  

10. Meal Plan: Campuses shall provide information on what refunds may be  available on meal plans within the context of this policy. 

11. Visa Status: International students (F-1 and J-1 Visa holders) placed on an  involuntary leave of absence must speak with the International Support Services Coordinator regarding their Visa status and the effect an involuntary leave of absence may have on that status. 

VI. Request for Return 

1. In addition to the general requirements all students must meet when returning to  SUNY Fredonia after a leave of absence, as well as any conditions imposed by the  VPSA 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. The Office of Disability Support Services  will work with students to provide reasonable accommodations in the return  process as appropriate. 

2. A student must make a written request to the VPSA to return to SUNY Fredonia. 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. TheVPSA 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. TheVPSA 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 SUNY Fredonia’s Student Health Center and/or  

Counseling Center 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 Office of Disability Support Services

4. All returning students must meet the essential eligibility requirements and any  technical standards of SUNY Fredonia and, if applicable, the relevant school or  department, with or without reasonable accommodations. If the VPSA determines that the student is ready to return to SUNY Fredonia, 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.. 

VII. Scope of the Policy and Relationship to Other College Policies 

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 SUNY Fredonia’s Student Code of Conduct,  or other policies and directives, nor does it preclude the removal or dismissal of  students from SUNY Fredonia or campus-related programs as a result of violations of  other campus policies or school or department protocols. 

This policy does not limit SUNY Fredonia’s ability to place enrollment holds on students for reasons beyond the scope of this policy. 

This policy does not relieve a student of any financial obligations to SUNY Fredonia that  were incurred prior to the time the involuntary leave of absence was imposed. SUNY Fredonia is required to notify students if there might be an affect on the student’s  financial aid, including returning aid, outstanding balances, potential affects on future  aid, and any affects on the New York State Tuition Assistance Program (TAP), the  Excelsior Scholarship Program, and any other scholarship, if applicable. 

Nothing in this policy limits the power of the SUNY Fredonia to take administrative action to  ensure the safety of the Campus community in accordance with all appropriate laws  and policies. 

Nothing in this policy prevents SUNY Fredonia from engaging in a temporary suspension under its policies if necessary under the circumstances. Any such cases shall be  appropriately reviewed per SUNY Fredonia policy.

SUNY Fredonia is required to abide by the Family Educational Rights and Privacy  Act (FERPA) and comply with its requirements regarding student privacy.  

Nothing in this policy prevents SUNY Fredonia from following the Rules of Maintenance  of Public Order, as necessary.  

VIII. Requests for Reasonable Accommodations  

SUNY is committed to providing equal access to all participants in campus  processes, including students with disabilities. Students with disabilities should  contact the Office of Disability Support Services at SUNY Fredonia to request accommodations. 

Definitions 

There are no definitions relevant to this policy.  

Other Related Information  

SUNY Policy Doc. No. 6502, Equal Opportunity: Access, Employment and Fair Treatment in the State University of New York  

Related Procedures 

SUNY Procedure Doc. No. 6501, Discrimination and Sexual Harassment Complaint Procedure Forms 

There are no forms relevant to this policy.  

Authority 

The following links to FindLaw's New York State Laws are provided for users' convenience; it is  not the official site for the State of New York laws. 

NYS Education Law § 355(2)(h) (Authority of the SUNY Board of Trustees to regulate the  operation and administration of State-operated SUNY campuses). 

In case of questions, readers are advised to refer to the New York State Legislature site for the  menu of New York State Consolidated.  

Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et. Seq.) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794.  New York State Executive Law Section 291.

New York State Executive Law Section 292.

History 

State University of New York Board of Trustees Resolution 2X-XX adopted April XX, 2024.  

Appendices  

There are no appendices relevant to this policy. 


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