SUNY ESF
Involuntary Leave of Absence for Students
Policy Statement
ESF offers 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 or the health and safety of others in the Campus community, or where a student’s behavior severely disrupts the College environment, the President’s designee(s) has the authority to place a student on an involuntary leave of absence, after appropriate procedural due process has occurred according to this policy.
Reason For Policy
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 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 environment, where no reasonable accommodations can adequately reduce that risk or disruption.
Scope of Policy
This policy applies to:
- Students
Website Reference
This policy: https://www.esf.edu/employees/policies/
Policy Office: Executive Director for Administration
Contact: policies@esf.edu
Related Information
SUNY Policy on Involuntary Leave of Absence (Policy Doc. No. 3202): https://www.suny.edu/sunypp/documents.cfm?doc_id=927
SUNY Nondiscrimination Policy (Policy Doc. No. 6502): https://www.suny.edu/sunypp/documents.cfm?doc_id=533
Contacts
Specific questions should be directed to the following:
Subject: Policy Clarification and General Information
Contact: Dean of Students
Telephone: 315-470-6660
Office E-mail/Web Address: students@esf.edu
Policy Details
I. 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 President’s designee(s) at ESF 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 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.
ESF offers 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 ESF community, or where a student’s behavior severely disrupts the College environment and the student does not take a voluntary leave of absence, the President’s designee(s) 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, the institution will conduct an individualized assessment, consulting with the appropriate staff to determine if there are reasonable accommodations that would permit the student to continue to participate in the College environment without taking a leave of absence.
The President’s designee(s) 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 College’s behavioral intervention team. If the President’s designee(s) deems it appropriate, the procedures under this policy can be initiated.
II. Process for Placing a Student on an Involuntary Leave of Absence
The President’s designee(s) will consult with the Director of the Counseling Center and Campus Counsel prior to making a decision to impose an involuntary leave of absence.
- The President’s designee(s) 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 Center for Disability Resources (CDR) which can provide information about potential accommodations, and a copy of this policy. 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 the involuntary leave of absence process who will serve as a resource to answer any student questions about the process from referral to return to ESF. The Advisor will work with the student throughout the involuntary leave of absence process and any appeals, and 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. 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.
- To the extent required by applicable law, the President’s designee(s) 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 student may be asked to execute an Exchange of Confidential Information Consent Form providing certain ESF 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 College 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 Counseling Center , 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 the College 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 President’s designee(s), the President’s designee(s) may proceed with assessment based on the information in the President’s designee’s possession at that time.
- The President’s designee(s) may also confer, as feasible and when appropriate depending upon the matter, with individuals regarding the need for an involuntary leave of absence.
- When evaluating whether an involuntary leave of absence is appropriate, the College
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 ESF 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 College 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.
- The President’s designee(s) 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 President’s designee(s) 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 President’s designee(s) may contact the treatment provider(s) to obtain additional information. In certain circumstances, the Campus may request the student to undergo an additional evaluation by an independent and objective professional designated by the Campus, if the President’s designee(s) believes it will facilitate a more informed decision.
- Following the President’s designee(s)’ consultations and review of the relevant documentation and information available, the President’s designee(s) shall 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.
- In emergency situations involving an imminent threat of harm to the student or any other member of the ESF community, the President’s designee(s), in the exercise of their reasonable judgment, may require a student to be immediately prohibited from entering the campus or facilities utilized for College programs or activities while such individualized assessment and review under this policy is taking place. Such students shall receive written notice of 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 President’s designee(s) 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.
III. Decisions on Involuntary Leaves of Absence
- 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 College; 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 ESF 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 appropriate office at the College that provides disability or accessibility 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.
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If An Involuntary Leave of Absence is Not Imposed: The President’s designee(s) may impose conditions and/or requirements under which the student is allowed to remain at the Campus using the least restrictive appropriate means possible.
IV. Appeals
- Within seven (7) calendar days of receiving the written notice of a decision from the President’s designee(s), 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 decisionmaker 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.
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The criteria for appeal will be limited to the following:
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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;
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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.
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- 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 College level.
V. Implications of an Involuntary Leave of Absence
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Student status: Students on a leave of absence retain their admitted student status during the period of the student’s leave; however, they are not registered and therefore, do not have the rights and privileges of registered students.
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Housing: Consistent with the Campus policies and procedures, students assigned to Centennial Hall are subject to the terms and conditions of their contract. Students who leave ESF before the end of a term may be eligible to receive refunds of portions of their housing charges, per SUNY Policy.
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Meal Plan: ESF shall provide information on what refunds may be available on meal plans within the context of this policy.
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Association with the Campus while on leave: Unless expressly permitted by the President’s designee(s) in writing, or Board of Appeals, as applicable, students on an involuntary leave of absence are not permitted to be present at ESF and are not permitted to engage in any College-related activities, including on- Campus and/or remote employment opportunities.
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Coursework taken while on leave: Consistent with the College’s policies and procedures, academic credit for work done elsewhere may be allowed toward a Campus degree. However, students must consult with the Registrar’s Office and their advisor prior to taking any coursework while on an involuntary leave of absence.
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Access to Student Accounts while on leave: Unless expressly prohibited in writing by the President’s designee(s), students on leave generally may retain their student ID privileges, which will be explicitly defined per Campus policy, including their Campus email account.
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Tuition and Fees: Consistent with SUNY’s and the College’s policies and procedures, students who leave ESF 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.
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Financial Aid: ESF shall provide information on any effect an involuntary leave of absence decision may have on that student’s financial aid.
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Visa Status: International students (F-1 and J-1 Visa holders) placed on an involuntary leave of absence must speak with the Office of International Education regarding their Visa status and the effect an involuntary leave of absence may have on that status.
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Effective date(s) of leave: A student must leave ESF within the timeframe set forth by the President’s designee(s) or Board of Appeals, as applicable, in the decision to impose an involuntary leave of absence. The leave will remain in effect until:
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The President’s designee(s) has determined after an individualized assessment the parameters of which shall be set forth in the written decision of the President’s designee(s) or the Board of Appeals, as applicable, that the student is able to return to the campus with or without reasonable accommodations, and
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The student has complied with any College requirements applicable to all students returning from a leave and all conditions mandated by the President’s designee(s) or Board of Appeals, as applicable.
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Students are not permitted to return mid-semester if placed on a leave of absence.
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Notification: At any time while the student is on leave, the President’s designee(s) may notify a student’s parent, guardian, emergency contact, or other individual, consistent with the law, if notification is deemed appropriate under the circumstances.
VI. Request for Return
- In addition to the general requirements all students must meet when returning to ESF after a leave of absence, as well as any conditions imposed by the President’s 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. The Office of the Dean will work with students to provide reasonable accommodations in the return process as appropriate.
- A student must make a written request to the President’s designee(s) to return to ESF. 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.
- The President’s designee(s) 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.
The President’s designee(s) may also ask, confer with, or seek information from others
to assist in making this determination. The information sought may include:
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Documentation of efforts by the student to address the issues that led to the leave;
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Release of academic records to inform treating clinicians (with appropriate authorization);
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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);
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Consultation with the Counseling Center to determine if the student has sufficiently reduced the risk or disruption that led to the leave (with appropriate authorization); and/or
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Consultation with the Center for Disability Resources
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- All returning students must meet the essential eligibility requirements and any technical standards of ESF and, if applicable, the relevant department, with or without reasonable accommodations. If the President’s designee(s) determines that the student is ready to return to the College, 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.
- A student not permitted to return may appeal the decision to the Board of Appeals under this policy, following the procedures in Section V.
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 Student Code of Conduct, or other policies and directives, nor does it preclude the removal or dismissal of students from the College or College-related programs as a result of violations of other policies.
This policy does not relieve a student of any financial obligations to the College that were incurred prior to the time the involuntary leave of absence was imposed. ESF will 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.
Nothing in this policy limits the power of the College 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 the College from engaging in a temporary suspension under its policies if necessary under the circumstances. Any such cases shall be appropriately reviewed per College policy.
VIII. Requests for Reasonable Accommodations
ESF is committed to providing equal access to all participants in College processes, including students with disabilities. Students with disabilities should contact the Center for Disability resources to request accommodations.
Authority
NYS Education Law § 355(2)(h) (Authority of the SUNY Board of Trustees to regulate the operation and administration of State-operated SUNY campuses).
State University of New York Board of Trustees Resolution 24-23 adopted April 16, 2024.
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.