Conduct violations and discipline. Sometimes a student
with mental health concerns commits a serious conduct
violation that can form the basis for suspension or even
dismissal. If institutional procedures are followed and applied
equally to students with and without disabilities, a student
may be disciplined for misconduct even when it was caused
by a disability. Be sure to consider how discipline of a student
exhibiting mental health symptoms will be perceived and the
impact discipline could have on a student in a precarious
mental state.
Due process. In dealing with disability issues, all public
and private institutions must provide due process with formal
procedures to ensure that students with disabilities are not
subject to adverse actions on the basis of unfounded fear,
prejudice, or stereotypes. In an emergency, where safety is of
immediate concern, SSAOs may take interim steps pending
a final decision if they provide “minimal due process”—
adequate notice of the adverse action and an opportunity for
the student to address the evidence regarding any decision. In
all other situations, and as soon as the emergency passes, “full
due process” must be provided. In addition to notice, this
process requires a more thorough hearing on the evidence
regarding the student’s withdrawal and an appeal.
This summary suggests two critical themes. First, focus
leave decisions on individualized, current facts about the
student in question and his or her conduct, not stereotypes.
Second, have clear procedures and apply them fairly. If these
recommendations are followed, your institution will be well
on its way to protecting the health and safety of students and
the community while minimizing the risk of liability. LE
John H. Dunkle is executive director of counseling and psychological
services at Northwestern University in Evanston, Ill.
Zachary B. Silverstein is a partner in the law firm of Babbitt, Land,
Silverstein & Warner, LLP, in Chicago.
Scott L. Warner is a partner in the law firm of Babbitt, Land,
Silverstein & Warner, LLP, in Chicago.
The authors recently collaborated on an article entitled “Managing
Violent and Other Troubling Students: The Role of Threat Assessment
Teams on Campus,” published in the Journal of College and
University Law. The full text of that article may be accessed at
www.babbitt-law.com/Threat-Assessment-Team-Article.pdf .
