WAC 174-125-025   Emergency medical leave of absence.  (1) The dean may immediately require a student to take an emergency medical leave of absence if the student has a medical, or mental, emotional or psychological condition and as a result of the condition:

     (a) The student is engaging in, or threatening to engage in, behavior that poses a significant danger of causing imminent and substantial harm to the health, safety, or welfare of the student, or others; or

     (b) The student's behavior has resulted in substantial harm to the health, safety, or welfare of the student, or others and the behavior continues, or there is a risk the behavior will continue, posing a significant danger of causing imminent and substantial harm to the health, safety, or welfare of the student, or others; or

     (c) The student's behavior has resulted in significant disruption of the teaching, learning or administrative activities of other members of the campus community and the behavior continues, or there is a risk the behavior will continue, with the likely result of such behavior imminently and substantially impeding the education processes or proper activities or functions of the college and its personnel.

     (2) A decision by the dean requiring a student to take an emergency medical leave of absence shall be in writing and served on the student. The decision shall set forth the reasons for requiring the leave, and as appropriate, any restrictions imposed on the student's access to the campus or college-sponsored activities. Service of the decision shall be effective upon deposit in the United States mail to the student, postage prepaid and properly addressed to the student at the last known address on file with the registrar's office, or by personal service on the student.

     (3) A student subject to an emergency medical leave of absence shall be provided a hearing before the vice-president to appeal the dean's decision. The hearing shall occur within three business days of the student being served with the dean's decision imposing the emergency medical leave of absence unless a student elects to waive his or her right to a hearing. Except as otherwise provided herein, the process for conducting the hearing before the vice-president shall be as per the Administrative Procedure Act, chapter 34.05 RCW.

     (4) An emergency medical leave of absence shall take effect immediately and remain in effect until the review board's decision is issued regarding an appeal of a required medical leave of absence, unless the dean decides that the reasons for the emergency medical leave of absence no longer exist.



[Statutory Authority: RCW 28B.40.120. 09-19-096, § 174-125-025, filed 9/18/09, effective 10/19/09.]