Involuntary Medical Withdrawals: Legal Considerations and Alternatives

Involuntary medical withdrawals are never easy.

• They have the potential to turn into bitter disputes, with hurt feelings all around.
• They can even lead to legal nightmares, if they are handled incorrectly.
• Sometimes, however, they are the right course of action—both for the student and for the institution.

On your campus, you may be trying to help students cope with conditions ranging from diabetes to epilepsy or Asperger’s. You may be confronted with students who are suicidal or who exhibit disruptive behavior that could indicate emerging mental illness.

College administrators often have to deal with students living in campus housing who engage in self-injury or who have severe eating disorders, threatening their health and endangering others.

How you handle each of these formidable challenges can affect the safety of your entire campus and your ability to defend your actions in court.

In this White Paper, Involuntary Medical Withdrawals: Legal Considerations and Alternatives, you discover a host of effective and modulated solutions to the full range of college student health problems.

This 44-page White Paper approaches the subject of involuntary medical withdrawals from a perspective of care for the student involved while offering a range of alternatives to the extreme last resort: an involuntary, forced withdrawal.

In this exclusive White Paper, you will learn:

• How to use the four-part Direct Threat Test
• The requirements of Enhanced Due Process
• The relevant standards and policies that should be considered in the context of involuntary medical withdrawals
• Reasonable alternatives to an involuntary withdrawal
• Ways to work together for the best interest of the student
• How to gain permission to involve family members in finding solutions
• When to use mandated assessments and mandated counseling
• The pros and cons of internal versus external assessment referrals
• What to do with students while awaiting assessment results
• How to -- and why you should -- stipulate conditions for reinstatement
• Why you must ensure students attend mandated counseling/assessments
• Why it makes sense to encourage voluntary withdrawals
• The limits of “reasonable” accommodations

This White Paper includes a recommended Incident Response Continuum along with a thorough explanation of the Four-Part Direct Threat Test. You will also find a Sample Psychological Leave Policy, a Sample Informed Consent Policy, and a Sample Release Form, to use when seeking to involve supportive family members in handling a problem situation.

This just-published White Paper also includes four case studies depicting representative problems and explaining recommended responses.

Involuntary Medical Withdrawals: Legal Considerations and Alternatives is based on a presentation originally delivered by Jason Ebbeling, JD and Brian Van Brunt, Ed.D. on June 8, 2010. Dr. Brian Van Brunt is the past-president of the American College Counseling Association and has presented nationally on counseling ethics and mandated counseling. Jason Ebbeling is the Director of Residential Life at Southern Oregon University.

This White Paper is written for:

• Presidents, Deans, and other administrators
• Campus Judicial Affairs
• Campus Safety and Security Personnel
• Counseling Services
• Legal Counsel

The best way to pursue an involuntary medical withdrawal is to avoid one, but that is not always possible. Students bring many difficult medical and psychological problems to campus, ranging from the merely concerning to the truly dangerous.

Learn how to handle a tough situation with firmness, kindness, safety, and legal soundness. Invest in Involuntary Medical Withdrawals: Legal Considerations and Alternatives: A Magna Publications White Paper today.

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