Purpose and Scope
Universal Technical Institute (“UTI”) values the dignity of all students and does not tolerate behavior or threatened behavior that poses a significant risk to the health or safety of the UTI/ MIAT community. Students who engage, or threaten to engage in, such behavior, shall be in violation of the Student Code of Conduct and will be subject to disciplinary action up to and including termination from school. Having a policy barring such conduct and threatened conduct is necessary, as allowing such behavior interferes with students’ educational experiences. This policy helps ensure that all students can take advantage of the educational opportunities UTI/MIAT offers.
This Handling Threatening Student Behavior Policy (“Policy”) describes the criteria and process that UTI/MIAT will use to respond to reports that a student has engaged or threatened to engage in behavior that poses a significant risk to the health and safety of others. It also addresses what information may be needed for re-enrollment as well as other points of consideration.
Covered Behavior
UTI/MIAT may initiate a risk assessment and safety intervention when presented with credible information that a student has engaged or threatened to engage in behavior that poses a significant risk to the health or safety of individuals or the community as a whole, on or off campus. A significant risk exists when there is a high probability of substantial harm and not just a slightly increased, speculative, or remote risk.
Procedures
Interim Involuntary Withdrawal
Upon receiving credible information that a student has engaged in Covered Behavior that may require immediate action, UTI/ MIAT will conduct a review of the available information, conferring with appropriate campus and Home Office professionals as necessary, to assess the level of risk and/or disruption posed by the student.
UTI/MIAT reserves the right to contact law enforcement for immediate assistance. In the event a potentially threatening situation is referred to law enforcement, the information gathered and analyzed during the risk assessment process will be provided to the law enforcement agency to the extent allowed by law.
Following this review, UTI/MIAT may temporarily remove the student from UTI/MIAT and/or restrict the student’s access to UTI/MIAT’s campus, services, or activities. Before imposing an interim involuntary withdrawal, UTI/MIAT will first seek voluntary cooperation of the student. Imposition of an interim involuntary withdrawal is intended to be a temporary measure to protect health and safety and is not considered disciplinary in nature.
An interim involuntary withdrawal will remain in effect pending completion of the individualized assessment outlined below.
UTI/MIAT will notify the student in writing of a decision to implement an interim involuntary withdrawal. The notice will include the rationale for the decision and a summary of the student’s right under the process, including the student’s right to meet with the Student Services Director or designee. UTI’s decision will be provided to the appropriate UTI/MIAT administrators .
The student shall be provided an opportunity to meet with the Student Services Director or designee (either in person or by some other method that allows the student and Student Services Director or designee to communicate effectively (e.g., telephone or video conferencing)) within two (2) business days from the effective date of the interim involuntary withdrawal.
Safety Intervention and Involuntary Withdrawal Process
When presented with a credible report that a student has engaged in Covered Behavior, UTI/MIAT will initiate a risk assessment of the student’s conduct to determine how to address the conduct, including whether a safety intervention or involuntary withdrawal is appropriate . The purpose of the assessment is to determine the level or risk the student poses to health and safety and to inform decisions about the student’s future participation in UTI/MIAT’s programs.
As part of UTI/MIAT’s review, the student may be required to submit diagnostic or treatment information from the student’s current, treating health care professional. At this assessment, the student will be asked to provide a medical release for access to a student’s relevant medical and mental health records as reasonably necessary to complete its individualized assessment. The release must be signed by the student and a witness. UTI/ MIAT may also consult other healthcare professionals if UTI/ MIAT determines that it is appropriate to do so and will take into consideration other elements of the student’s behavioral history.
In conducting the individualized assessment, UTI/MIAT takes into account student confidentiality and bases its decision on reasonable judgment that relies on current medical knowledge or on the best available objective evidence to ascertain the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies or the provision of accommodations will mitigate the risk.
During the assessment process, the student will be provided an opportunity to meet with the Student Services Director or designee and provide relevant documents or other information, including the result of any evaluation conducted by the student’s own treating health professional. The student is encouraged to provide information about remedial efforts to address problematic behavior and the student’s plan to mitigate any ongoing risk of harm. At this meeting, the Student Services Director or designee will seek the cooperation of the student, including discussion of possible measures to reduce the risk of harm or a voluntary medical withdrawal/leave of absence.
After reviewing the information, UTI/MIAT will determine whether a safety intervention or involuntary withdrawal should be imposed. The Student Services Director or designee will confer with other appropriate campus and Home Office professionals, which may include the Campus President, Legal, Director of Program Compliance, National Director of Student Success – Student Services, Vice President of Student Success to assess the level or risk or disruption posed by the student and whether there are any reasonable accommodations or mitigating measures which will allow the student to remain safely in some or all UTI/ MIAT activities or programs. Safety interventions may include, but are not limited to, compliance with a behavioral contract, reduced course load, consultations with health care professionals, compliance with health care provider recommendations, or restrictions on participation in UTI/MIAT programs or activities.
The Student Services Director or designee will issue a written decision regarding any necessary safety interventions or whether the student should be withdrawn from UTI/MIAT, the rationale for that decision, any requirement(s) the student must meet prior to application for readmission if the student is withdrawn, the student’s right to appeal the decision to the Student Services Director or designee, and the process to apply for readmission or return to UTI/MIAT programs or activities. A copy of this decision will be sent to the appropriate UTI/MIAT administrators. This decision will be issued within ten (10) business days of receiving all required documentation and assessment results unless an extension is provided for good cause.
If UTI/MIAT determines that the standards for safety intervention or involuntary withdrawal have not been met, UTI/MIAT shall assist a student who has been placed on interim involuntary withdrawal to resume studies immediately and provide assistance regarding any coursework the student missed while withdrawn.
Appeal
Within three (3) business days from the date of UTI/MIAT’s decision, a student may file a written appeal with the Student Services Director or designee. The Student Services Director or designee will review the student’s written appeal and render a decision within ten (10) business days unless an extension has been granted for good cause. The Student Services Director or designee may choose, but is not required, to meet with the student to discuss the grounds for the student’s appeal. UTI/ MIAT’s decision is final.
Readmission/Re-enrollment
A student seeking readmission to UTI/MIAT should notify the Student Services Director or designee. The student must be able to demonstrate that (1) the student can participate in UTI/MIAT’s programs without posing a danger to others, (2) the student meets all relevant academic requirements for readmission, and (3) the student has met any requirements for readmission posed by UTI/MIAT.
Depending on the individualized circumstances of the student’s situation, UTI/MIAT may require returning students to provide information from a treating healthcare provider and/or documentation of participation in counseling sessions or other steps the student has taken to mitigate the previous behavior. UTI/MIAT may request additional records from the student and permission to speak to a treating professional. The records and information that will be requested and required are determined on a case-by-case basis depending on what information is necessary to determine whether the student is able to return and fulfill the fundamental requirements of UTI/MIAT’s programs. If the student refuses to submit any of the required information, the Student Services Director or designee may deny the student’s request for readmission.
The Student Services Director or designee may request to meet with the student as part of the consideration of the readmission request. The Student Services Director or designee will review the relevant materials submitted by the student, other available information, and may confer with other appropriate campus and Home Office professionals regarding the request for readmission. The Student Services Director or designee will consult with the Campus President and Home Office Student Services Team and will notify the student of the readmission decision in writing within ten (10) business days unless an extension has been granted for good cause. If the student’s request is denied, the Student Services Director or designee’s decision will detail when and if UTI/MIAT will consider a subsequent request for readmission. If the student is readmitted, the Student Services Director or designee’s decision will include any conditions for continued attendance. As part of the return process, a student may choose to discuss with UTI/MIAT whether reasonable accommodations are appropriate, consistent with UTI/MIAT’s Section 504/ADA Policy.
The student may appeal this decision to the Student Services Director or designee by submitting a written appeal within five (5) business days of UTI/MIAT’s decision. The Student Services Director or designee will review the student’s written appeal and render a decision within ten (10) business days unless an extension has been granted for good cause. Student Services Director or designee may choose, but is not required, to meet with the student to discuss the grounds for the student’s appeal. UTI/MIAT’s decision is final.
Other Action
Actions taken under this Policy do not affect the student’s obligation to comply with other UTI/MIAT policies or the sanctions to which the student may be subject for violation of any such policies. Pending or related student conduct or academic proceedings may continue even when a student is subject to an intervention or withdrawal under this Policy.
Confidentiality
All information provided to UTI/MIAT pursuant to this Policy will be handled in a confidential manner and disclosed only in accordance with state and federal law.
Students with Disabilities
UTI/MIAT does not exclude students with disabilities from participation in UTI/MIAT programs or activities, or condition their participation in UTI/MIAT programs or activities, based on criteria or requirements that are not equally applicable to similarly situated nondisabled students. This Policy is intended to assure that students with disabilities are not subjected to adverse action on the basis of unfounded fear, prejudice, or stereotypes.
This policy applies to both on- and off-campus conduct and statements.