The Safety Intervention Policy is designed to ensure the safety of the St. John’s College community and to outline the process and procedures should a student pose a credible, substantial risk of harm or otherwise substantially impede the activities of the college or other members of the college community.

This policy is designed to establish an investigatory process for assessing and intervening, if necessary, when student members of the college community:

• Pose a credible and substantial risk of harm to individuals within the college community; and/or
• Pose a credible and substantial risk of harm to the college community as a whole; and/or
• Substantially impede the activities of the college or other members of the college community.

College Assessment and Risk Evaluation Team (CARE Team)

The CARE Team assists in evaluating whether students meet the criteria for a safety intervention plan and/or involuntary withdrawal. The composition of the team for each particular case will depend upon the specific circumstances; however, an appropriate health professional, Vice President for Student Affairs, Assistant Dean, and representative from the Office of Public Safety will ordinarily participate in every review. Beyond the standing participants, the CARE Team may include representatives from the Associate Dean’s Office, Assistant Dean’s Office, Communications’ Office, College Counsel, and other college officials, health care providers, or other participants as deemed appropriate in a particular case by the standing members of the CARE Team.

In addition to evaluating whether students meet the criteria for a safety intervention plan and/or involuntary withdrawal, the CARE Team may also act as a resource, consultant, or advisor to the college in determining whether an individual is qualified to perform the essential functions of an academic program, and/or to provide other guidance regarding an individual student’s access to the college’s educational opportunities.

Interim Safety Intervention Plan or Involuntary Removal

If safety is an immediate concern, the college is permitted and has the authority to take interim action to protect the well-being of all members of the community. By interim involuntary removal, the college may remove a student from any or all college premises when, in the professional judgment of the CARE Team and considering all reasonably available information, a credible substantial threat of immediate harm to an individual or the college community is perceived to exist. Interim involuntary removal is a preliminary action taken to protect the health and safety of the college community and is not a penalty. Decisions to remove a student from college residences will be made by the Vice President for Student Affairs in conjunction with the Director, Student Services and the CARE Team.

A student involuntarily removed on an interim basis shall be given an opportunity to personally appear before the Dean, or designee, within two (2) business days from the effective date of the interim involuntary removal, in order to discuss the reliability of the information concerning the student’s behavior and the decision to require an interim involuntary removal. Following this meeting, the Dean, or designee, may either continue or cancel the interim involuntary removal.

If the interim involuntary removal is cancelled, the procedures described in this policy regarding a safety intervention plan and involuntary withdrawal may still proceed.

An interim involuntary removal may remain in effect until a final decision is made pursuant to the procedures outlined in this policy.

Safety Intervention Plan and Involuntary Withdrawal Process

Any member of the college community who has reason to believe that a student poses a violent threat or a threat to public safety should contact the Office of Public Safety who may then contact the local police department. For imminent threats, 911 should be called immediately.

Any member of the college community who has reason to believe that a student poses a credible substantial risk of harm and thus may meet the criteria for a safety intervention plan and/or involuntary withdrawal should contact the Office of Public Safety, who, in conjunction with the Chief of Public Safety, will assemble the CARE Team. The CARE Team will conduct an informal review of the information presented to determine whether further review under this policy is appropriate. If the CARE Team determines that further review under this policy is not appropriate, the CARE Team will document the basis for that determination and any recommended follow up steps for the community member or college. All reports made pursuant to this policy will be handled in a confidential manner, with information released only on a need-to-know basis in accordance with applicable federal and state laws and regulations.

If the CARE Team has determined that review under this policy is appropriate, the CARE Team may designate a representative of the CARE Team to meet with the student to discuss voluntary withdrawal options. Students who elect to voluntarily withdraw while a review under this policy is pending will not have the option of an appeal. Additionally, the College may impose conditions that the student must meet before re-enrolling. Should a student voluntarily withdraw while a review under this policy is pending, the process outlined in the section titled, “Request for Clearance to Reapply for Admission and Reconsideration of a Safety Intervention Plan” will be followed to return to the college.

Assuming the CARE Team has determined that review under this policy is appropriate, the CARE Team will determine whether a student should be subject to a safety intervention plan or involuntary withdrawal. In determining whether the student presents a credible substantial risk of harm as outlined in this policy, the CARE Team will make an individualized assessment based on a reasonable judgment that relies upon current medical or other specialized knowledge or the best available evidence to ascertain:

• the nature, duration, and severity of the risk;
• the probability that potential injury and/or harm will occur;
• whether the student substantially impeded the educational process or functions of other members of the college community; and
• whether reasonable modifications of policies, practices or procedures could significantly mitigate the risk.

As part of this individualized assessment, the student may be required to undergo an evaluation, such as a medical or psychological evaluation, by an independent and objective health professional, which could include members of the college’s Student Health and Wellness Center, as designated by the college. The student may also be required to execute necessary releases so that the report from the evaluation may be provided to the CARE Team and other administrators, if appropriate, for the purposes of determining whether the student should be subject to a safety intervention plan or involuntary withdrawal.

In addition, any medical or other relevant information submitted by the student, including but not limited to a medical or psychological evaluation by a health professional of the student’s choice, will be considered.

Inherent to this decision-making process is the college’s commitment to consider an individual’s past and ongoing condition, which may have contributed to the risk of harm that is in question. The CARE Team may seek the assistance of other resources, as needed, to determine if the student is a qualified individual with a disability and whether a reasonable accommodation will allow that student to meet essential academic and college community responsibilities, while abating the risk of harm and maintaining a safe college environment. This determination shall also evaluate whether such accommodation(s) can be provided without fundamentally altering the essential functions of the educational program provided by the college, lowering academic standards, and/or creating undue hardship to the college.

Moreover, whether or not the student is a qualified individual with a disability, the CARE Team will generally attempt to engage in an interactive dialogue with the student to discuss how the student might abate the risk of harm presented. As part of this interactive process, the student and/or medical provider are encouraged to suggest possible methods to abate the risk of harm. The CARE Team may also choose to engage professionals in making determinations.

If a student is subject to a safety intervention plan or is involuntarily withdrawn pursuant to this policy, to the extent appropriate and practicable, conditions for readmission, if applicable, will be specified in writing.

Appeal of Safety Intervention Plan and/or Involuntary Withdrawal

A student who is subject to a safety intervention plan or involuntarily withdrawn pursuant to this policy may make a written request to the Dean, or designee, for an informal appeal proceeding to review the determination. To be timely, any such appeal must be RECEIVED by the Dean, or designee within three (3) business days of the determination by the CARE Team that a safety intervention plan is warranted or of the determination to involuntarily withdraw the student. Information about the appeal process, including specific dates, will be provided to the student at the time a decision is communicated.

The Dean, or designee, shall conduct the informal appeal proceeding within seven (7) business days of receipt of the written appeal. The informal appeal hearing is generally limited to sixty to ninety (60-90) minutes in duration, unless the person conducting the hearing determines that additional time is necessary.

The student will be provided with all of the following information, as available and as appropriate, prior to the informal proceeding:

• a written statement providing a detailed explanation of the reasons for the safety intervention or involuntary withdrawal; and
• the information relied upon by the CARE Team, including any evaluations, in reaching a determination.

At the informal appeal proceeding, the student may choose to be assisted by appropriate counsel, which may include a parent or guardian and/or a health professional of the student’s choice. The student may also have legal counsel present for consultation purposes only during the informal proceeding. In addition, subject to an informal determination regarding relevancy, the student will be permitted to be heard, and to present witnesses and information to dispute the reasons for the safety intervention plan or involuntary withdrawal, or the information relied upon by the CARE Team in making the determination.

The student shall provide to the Dean, or designee, and be responsible for identifying in writing, those witnesses and the subject matter of their expected testimony four (4) business days in advance of the informal appeal proceeding. The Dean, or designee, and the student will review that information three (3) business days before the informal proceeding and will agree upon a means of securing attendance of all persons that the Dean, or designee, deem relevant and necessary. If it is agreed that the student will secure attendance of any witnesses, the student may contact such witnesses and invite them to attend the informal appeal proceeding, but all such contact and requests for appearance must be done civilly and in keeping with all applicable college policies. Witnesses are not required to participate in the informal appeal proceeding.

As to an involuntary withdrawal, following the informal appeal proceeding, the Dean, or designee, shall determine whether to (a) uphold the withdrawal; (b) reinstate the student; or (c) reinstate the student subject to specified conditions. In considering reinstatement of the student subject to specified conditions, the Dean, or designee, will consult with the CARE Team and other college administrators, as appropriate. Specified conditions may include without limitation compliance with the recommendations of the student’s treating providers, acceptance of and compliance with a behavioral contract, a housing relocation, reduced course load, or any combination thereof. These conditions may be modified by the Dean, or designee, in consultation with the CARE Team at any time.

The decision of the Dean, or designee, shall be final and not subject to any additional review.

Request for Clearance to Reapply for Admission and Reconsideration of a Safety Intervention Plan

A student who has been subject to a safety intervention plan or involuntarily withdrawal pursuant to this policy who wishes for the safety intervention plan to be reconsidered or who would like to request a clearance to reapply for admission shall contact the Vice President for Student Affairs, as the representative of the CARE Team. The request should include, at minimum, the following CURRENT information and documentation:

• a personal statement reflecting on the circumstances that led up to the safety intervention plan or involuntary withdrawal and the steps taken in response;
• appropriate documentation demonstrating compliance with the conditions set forth at the time of implementation of the safety intervention plan or involuntary withdrawal;
• any additional information relevant to the request.

Once this information is received, the CARE Team will evaluate the request. The CARE Team will, in its sole discretion, make determinations about the relevance of all information submitted and may independently seek additional information, as necessary, to make a decision.

In cases where the CARE Team grants a clearance to reapply for admission, a readmission application must be received by the college within one calendar year of the clearance.

In cases where the request is denied by the CARE Team, a written appeal will be reviewed by the Dean, or designee. Only written appeals will be considered and should be sent to the Vice President for Student Affairs, who shall forward the appeal to the Dean, or designee.

The decision of the Dean, or designee, shall be final and not subject to any additional review.

Please note, all timeframes provided within this Policy may be extended if necessary to ensure a fair and equitable process.

Adapted July 2023