Should a student exhibit or threaten destructive behavior that poses or suggests a significant and immediate threat of harm to others and/or if such behavior results in a significant disruption to the learning/living environment, the Dean of Students may order an immediate emergency withdrawal and/or mandate that the student be assessed for risk by a licensed mental health provider (preferably a psychologist or psychiatrist) before resuming study at NJIT. As part of the order, the student will likely be restricted from the NJIT campus until the assessment process is completed.
If the Dean of Students’ emergency withdrawal order temporarily bars the student from campus residence or from the university, the student may lose regular privileges, such as the right to be present in campus residences and/or on campus or engage in any university activities or privileges as determined to be appropriate by the Dean Of Students. This temporary ban shall be in effect until the student successfully completes the requirements for clearance following the risk assessment, as noted in Section B. Risk Assessment, below, or the culmination of any judicial proceedings, as noted in Section A. Preliminary Hearing, below.
A. Preliminary Hearing
A preliminary hearing on proceeding with the risk assessment shall, except in extraordinary circumstances, be held within three business days of the Dean of Students’ emergency withdrawal order. The preliminary hearing shall be held with the student by the Vice President for Academic and Student Services or his/her express designee (other than the Dean of Students). The purpose of the preliminary hearing shall be to determine the reliability of the evidence of alleged threatening behavior, and whether it reasonably justifies the continuation of the emergency withdrawal order pending a full hearing on the charged conduct before the Committee on Professional Conduct.
The student has the option to waive the right to a hearing by the Vice President for Academic and Student Services in circumstances where s/he does not dispute the facts of the case giving rise to the emergency withdrawal order. To waive a hearing, the student must sign the Waiver of University Hearing statement disclosing the facts surrounding the alleged threatening behavior and acknowledging responsibility for his/her actions. Based upon this statement, any information gathered by the Dean Of Students Office which was revealed to the student, and the student’s past disciplinary record, the Dean of Students will determine the appropriate sanction(s) and/or actions, including requiring the student to complete the requirements for clearance following the risk assessment, as set forth in Section B. Risk Assessment, below. The student has the right to appeal the sanction(s). However the decision to waive the right to a hearing and the admission of responsibility, including the contents of the statement of responsibility, are not appealable. All appeals will be taken in accordance with the procedures for judicial hearings as found in Article 8 of the Student Professional Conduct Code.
B. Risk Assessment
The purpose of the assessment will be to determine if a threat of harm to others and/or a significant disruption to the learning/living environment is present and the degree to which it is possible to function as a student. In making the assessment, the evaluator must obtain a release from the student and follow the assessment guidelines approved by the NJIT Center for Counseling and Psychological Services and outlined in the Dean of Students’ letter to the licensed mental health provider. If a threat of harm is determined to exist and/or if it is deemed that the student is not presently capable of functioning at NJIT, the withdrawal will be extended until such time as proper clearance is obtained.
The steps involved for obtaining clearance, which will be communicated to the student in writing by the Dean of Students, are as follows:
- The student will schedule an appointment for an assessment by an evaluating psychiatrist selected by the university.
- The student will sign a release authorizing communication between NJIT and the outside practitioner.
- The Dean of Students will mail or fax a letter to the practitioner summarizing the behavior(s) that led to the university’s concerns and providing an outline of the assessment guidelines approved by the NJIT Center for Counseling and Psychological Services (copy of the student’s signed release will be included).
- The outside practitioner will send to the NJIT Dean of Students a written assessment report that follows the guidelines provided in the Dean of Students’ letter to the practitioner. If necessary, there may be follow-up telephone communication between the outside practitioner and the NJIT Administration and/or the Director of the Center for Counseling and Psychological Services.
- Within five business days of receipt of the assessment report, the Vice President for Academic and Student Affairs and/or the Dean of Students and the Director of the Center for Counseling and Psychological Services will meet to review the results of the outside evaluation. Should the report indicate that the student is not able to safely function at NJIT; the student will continue to be restricted from the campus and prevented from enrolling at NJIT until such time as outside clearance is obtained. To obtain clearance from an appropriate outside practitioner in the future, all steps outlined in this document must be followed. Should the report indicate that the student is able to safely function the student will be directed to meet with NJIT’s consulting psychiatrist or psychologist.
- Should the consulting psychiatrist or psychologist concur with the outside evaluator’s report, the student will be permitted to resume study at NJIT. The degree and manner in which the student resumes study will be dependent on the recommendations from the outside evaluator, the consulting psychiatrist or psychologist, or both.