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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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OREGON UNIVERSITY SYSTEM, UNIVERSITY OF OREGON

 

DIVISION 23

STUDENT MEDICAL LEAVE

 571-023-0000

Definitions

For purposes of OAR 571-023-0000 et seq.

(1) "Dean's Consultation" occurs when the Vice President convenes a group of professionals to recommend actions and strategies to respond to a student's failure to meet the University's Standards of Responsibility and Self Care.

(2) "Medical Leave" means leave during an academic term, resulting from a student's medical or mental health condition that requires the student to interrupt their enrollment.

(3) "Professional Assessment" means an assessment of a student's mental capacity, emotional functioning and psychological well-being across all major bio-psycho-social domains performed by one or more mental health professionals trained to perform such an assessment. The objective of a "Professional Assessment" will be to determine a student's current level of dangerousness to self or others by understanding the student's ability to think, reason, care adequately for self and current suicidality. It is limited to gaining information and will not involve treatment interventions such as use of medication or psychotherapy. "Professional Assessment" may also mean gathering information to recommend steps to restore the health and safety of the student or to protect the university community.

(4) "Suicidal" means potentially self-injurious to oneself with the intent to imminently end one's life. "Suicidal" could include suicidal gesturing (mild to moderate attempts to commit suicide) or active suicidal attempts (any deliberate action with potentially life-threatening consequences).

(5) "Suicide Assessment Team" means a group of professional staff members who have expertise in the area of suicide assessment and referral selected under the sole discretion of the Vice President. Suicide Assessment Team members will include the Director of the University Counseling and Testing Center, the Director of the University Health Center, the Director of Student Life, and, if when appropriate, the Director of Residence Life, or the designees or successors.

(6) "Vice President" means Vice President for Student Affairs or successor or designee.

Stat. Auth.: ORS 352.004, 351.010, 351.060
Stats. Implemented: ORS 352.004
Hist: UO 1-2005, f. & cert. ef. 9-21-05; UO 3-2007(Temp), f. 2-13-07, cert. ef. 2-14-07 thru 8-1-07; UO 13-2007, f. 7-20-07, cert. ef. 8-1-07

571-023-0005

Voluntary Leave

A student who wishes to be placed on medical leave from the University shall present a recommendation to that effect from a physician or psychologist to the Vice President for Student Affairs. The Vice President will request the Director of the University Health Center (if the request for leave is based on a medical condition) or the Director of the University Counseling Center (if the request for leave is based on mental health conditions) or both (if the Vice President believes information from both Directors would be useful) evaluate the information provided. Upon the affirmative written recommendation of the Director conducting the evaluation, the Vice President shall immediately grant the student's request.

Stat. Auth.: ORS 352.004, 351.010, 351.060
Stats. Implemented: ORS 352.004
Hist: UOO 4, f. 8-13-73, ef. 9-1-73; UOO 7(Temp), f. & cert. ef. 2-26-74; UOO 9, f. & cert. ef. 7-15-74; UO 1-2005, f. & cert. ef. 9-21-05; UO 3-2007(Temp), f. 2-13-07, cert. ef. 2-14-07 thru 8-1-07; UO 13-2007, f. 7-20-07, cert. ef. 8-1-07

571-023-0025

University Duties of Refund and Notification

If a student is placed on leave from the University pursuant to the provisions of OAR 571-023-0005 or 571-023-0115, the Vice President shall instruct the Registrar to withdraw the student immediately and to initiate the appropriate tuition and fee refund. If the leave occurs late in the term and incompletes are more appropriate for the student's work, the Vice President, in the Vice President's sole discretion, may seek that action rather than withdrawals from all courses.

Stat. Auth.: ORS 352.004, 351.010, 351.060
Stats. Implemented: ORS 352.004
Hist: UOO 4, f. 8-13-73, ef. 9-1-73; UOO 7(Temp), f. & cert. ef. 2-26-74; UOO 9, f. & cert. ef. 7-15-74; UO 1-2005, f. & cert. ef. 9-21-05; UO 3-2007(Temp), f. 2-13-07, cert. ef. 2-14-07 thru 8-1-07; UO 13-2007, f. 7-20-07, cert. ef. 8-1-07

571-023-0100

Standards of Responsibility and Self Care

(1) Standards of Responsibility and Self Care. A student in the university community who is experiencing a serious medical or mental health condition or emergency that substantially threatens the welfare of self or others, significantly disrupts the functioning of university operations or significantly interferes with a student's ability to complete their educational goals does not meet University standards of responsibility and self care and may be mandated for a professional assessment.

(2) Procedures. The following procedures shall be followed when the Vice President has reason to believe that a student may not meet University standards of responsibility and self care:

(a) The Vice President will consult with the Director of the Health Center (for behavior based on medical conditions or emergencies) or the Director of the Counseling Center (for behavior based on mental health conditions or emergencies) or both (if the Vice President believes information from both Directors would be useful).

(b) Request for a Dean's Consultation. If a student is not meeting the University's standards of responsibility and self care but is not suicidal, the Vice President may convene a dean's consultation to recommend appropriate actions.

(c) Request for evaluation in cases of suicidal ideation or behavior. When a student's behavior suggests it is warranted, the Suicide Assessment Team may conduct a review. Based on its review, the Suicide Assessment Team will recommend appropriate actions, which may include a mandatory professional assessment.

Stat. Auth.: ORS 352.004, 351.010, 351.060
Stats. Implemented: ORS 352.004
Hist: UO 1-2005, f. & cert. ef. 9-21-05; UO 3-2007(Temp), f. 2-13-07, cert. ef. 2-14-07 thru 8-1-07; UO 13-2007, f. 7-20-07, cert. ef. 8-1-07

571-023-0105

Mandatory Professional Assessment Appointment

(1) Mandatory professional assessment. If based on the Suicide Assessment Team's recommendation, the Vice President determines that the student should be required to attend a mandatory professional assessment appointment completed by an individual or individuals identified by the Suicide Assessment Team, the Suicide Assessment Team will attempt to reach the student by phone and will send a letter to the student requiring the student to attend the appointment within 3 days of the date of the letter. A student who is required to attend a mandatory professional assessment appointment may choose, consistent with the provisions of the rule, to have the mandatory assessment completed by an individual or individuals identified by the Suicide Assessment Team or, instead, by a psychologist, psychiatrist or other qualified, credentialed mental health professional, approved by the Suicide Assessment Team.

(a) A student who chooses to have a mandatory professional assessment performed by a mental health professional other than the individual or individuals selected by the Suicide Assessment Team as provided in this rule, must sign a release to allow information to be shared between the person performing the assessment and the Suicide Assessment Team. The information provided must be adequate to allow the Suicide Assessment Team to report to the Vice President the nature of any substantial threat to the welfare of the individual, other members of the University community, or the educational processes of the University.

(b) The Suicide Assessment Team will report to the Vice President regarding the student's ability to maintain their own safety and well-being, any threat to other members of the University community or the educational processes of the University. The report shall also contain recommendations concerning the necessity for medical leave for the student.

(2) Weekly Professional Assessment Appointments. Any student who is required to attend a mandatory professional assessment appointment must, if recommended as an outcome of the initial assessment, subsequently attend three professional assessment appointments after their initial appointment. Any student who fails to attend a professional assessment appointment, either the initial appointment or a subsequent one, will have failed to meet the University's standards of responsibility and self care.

Stat. Auth.: ORS 352.004, 351.010, 351.060
Stats. Implemented: ORS 352.004
Hist: UO 1-2005, f. & cert. ef. 9-21-05; UO 3-2007(Temp), f. 2-13-07, cert. ef. 2-14-07 thru 8-1-07; UO 13-2007, f. 7-20-07, cert. ef. 8-1-07

571-023-0110

Emergency Interventions

(1) Transfer to Institutional Care. If a physician or psychologist on the staff of the University Health Center or University Counseling and Testing Center, after conferring with the Vice President, determines that a student's medical or mental health condition poses an immediate emergency warranting institutional care, such physician or psychologist shall act as the representative of the University in emergency cases requiring immediate action to transfer a student pursuant to Oregon Laws, to an appropriate community or state health agency. Upon transfer to institutional care, the student shall be placed on medical leave from the University. If, within seven days of taking action to initiate such a transfer, the emergency has abated and the Director of the University Health Center or University Counseling and Testing Center so recommends to the Vice President, the Vice President may cancel the medical leave, require a mandatory medical assessment or, if the student elects and the Vice President concurs, place the student on voluntary medical leave for the remainder of the current term.

(2) Refusal to Participate. If, after requested by the Suicide Assessment Team, a student fails to attend any mandatory professional assessment appointment, the student will not meet the University's standards of responsibility and self care and will be subject to emergency procedures.

(3) Involvement of Family Members. The Vice President may seek the cooperation and involvement of family members of students who are experiencing medical or mental health emergencies. Involvement may include requesting family members to assist in persuading the student to seek appropriate professional assistance, such as an evaluation from a psychologists or other appropriate mental health professional. The decision to notify a student's family members in the case of a medical or mental health emergency will be weighed carefully against the student's privacy rights.

(4) Mandatory Leave. If the Vice President believes the medical or mental health condition of a student substantially threatens the welfare of self or others, significantly disrupts the functioning of university operations or significantly interferes with a student's ability to complete their educational goals or if a student fails to attend a mandatory professional assessment, the Vice President may place a student on mandatory leave after following the procedures identified in OAR 571-023-0115.

Stat. Auth.: ORS 352.004, 351.010, 351.060
Stats. Implemented: ORS 352.004
Hist: UO 1-2005, f. & cert. ef. 9-21-05; UO 3-2007(Temp), f. 2-13-07, cert. ef. 2-14-07 thru 8-1-07; UO 13-2007, f. 7-20-07, cert. ef. 8-1-07

571-023-0115

Mandatory Leave Procedure

(1) If the Director of the University Health Center or the Director of the University Counseling and Testing Center believes a student's medical or mental health condition meets the standard for mandatory leave, the Director will recommend to the Vice President that the Vice President initiate mandatory leave. The Director may confer with any individuals the Director believes can assist in making a recommendation.

(2) Prior to placing a student on mandatory leave, the Vice President will request the Director prepare a report containing a summary of the steps already taken to respond to the student's medical or mental health condition, a list of individuals who have relevant information regarding the student's medical or mental condition, and the basis for recommending mandatory leave.

(3) The Director will set a date and time for a meeting with the student prior to making a final recommendation regarding mandatory leave and provide the student written notice. The notice shall include:

(a) The date, time and place of the meeting;

(b) That the purpose of the meeting is to consider if the student should be placed on mandatory leave;

(c) That the standards for making the final decision are whether the student's medical or mental health condition substantially threatens the welfare of self or others, significantly disrupts the functioning of university operations or significantly interferes with a student's ability to complete their educational goals;

(d) That the student has the opportunity to attend, to participate in the meeting, and to be accompanied by a personally-selected representative.

(4) The Director shall conduct the meeting in an informal manner that provides the Director with an opportunity to gather information relevant to the final decision and provides the student with an opportunity, if the student wishes, to provide information the Director believes will be useful in making a final recommendation. The student's opportunity to participate in the meeting shall include the opportunity to provide information from others who may have knowledge regarding whether the student's medical or mental health condition substantially threatens the welfare of self or others, significantly disrupts the functioning of university operations or significantly interferes with a student's ability to complete their educational goals.

(5) If, following the meeting with the student, the Director concludes that the student's medical or mental health condition does not substantially threaten the welfare of self or others, significantly disrupt the functioning of university operations or significantly interfere with the student's ability to complete their educational goals, the Director will so inform the student and the Vice President in writing, and no further action will be taken.

(e) If, following the meeting with the student, the Director concludes that the student's medical or mental health condition substantially threatens the welfare of self or others, significantly disrupts the functioning of university operations or significantly interferes with the student's ability to complete their educational goals, the Director will so inform the student and advise the Vice President in writing, and may recommend the student be placed on mandatory leave.

(f) The Vice President will review the Director's recommendation and will notify the University General Counsel or designee or successor, prior to placing the student on mandatory leave. The Vice President shall notify the student of the Vice President's decision and of the requirements for resumption of student status contained in this rule. The Vice President's decision is final.

Stat. Auth.: ORS 352.004, 351.010, 351.060
Stats. Implemented: ORS 352.004
Hist: UO 1-2005, f. & cert. ef. 9-21-05; UO 3-2007(Temp), f. 2-13-07, cert. ef. 2-14-07 thru 8-1-07; UO 13-2007, f. 7-20-07, cert. ef. 8-1-07

571-023-0120

Resumption of Student Status

(1) Prior to returning to the University or enrolling at the University, a student who has been placed on leave as a result of emergency procedures must produce a plan in writing that delineates how the student will resume their status at the University.

(2) The plan must respond to the condition that gave rise to the need for the student's leave (i.e., need for ongoing psychological or medical care; ability to maintain a standard of responsibility and self care; ability to assume class participation.) If the student will reside in the residence halls, the plan must also state how the student will transition back into this community.

(3) The Suicide Assessment Team will review the student's plan. After the Suicide Assessment Team has reviewed the student's plan, the Director of the Health Center (for behavior based on medical conditions or emergencies) or the Director of the Counseling and Testing Center (for behavior based on mental health conditions or emergencies) or both (if the Vice President believes information from both Directors would be useful) will make a recommendation to the Vice President who will decide if the student's request to re-enroll at that time shall be granted or denied. The Vice President's decision is final.

Stat. Auth.: ORS 352.004, 351.010, 351.060
Stats. Implemented: ORS 352.004
Hist: UO 1-2005, f. & cert. ef. 9-21-05; UO 3-2007(Temp), f. 2-13-07, cert. ef. 2-14-07 thru 8-1-07; UO 13-2007, f. 7-20-07, cert. ef. 8-1-07

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