Distressed & Suicidal Students; Disability Discrimination; Discrimination, Accommodation, & Diversity
Resolution Agreement Between the Office for Civil Rights and Rutgers University-New Brunswick
Voluntary Resolution Agreement entered into between the Department of Education’s Office for Civil Rights and Rutgers University regarding the involuntary withdrawal of a student who posed a substantial risk of harm. The cover letter and accompanying Resolution Agreement deemed Rutgers’ “Safety Intervention Policy” (“the Policy”) to be facially neutral. This Policy authorizes Rutgers to intervene or involuntarily withdraw students “who pose a credible substantial risk of harm to individuals within the University or to the University community; or substantially impede the lawful activities, the educational process, or the proper activities or functions of other members of the University Community.” It also sets forth criteria for university officials to conduct individualized assessments based on “reasonable judgment,” calls on a case-by-case basis for medical and psychological evaluations to be conducted by independent and objective health professionals, and allows reasonable conditions to be placed on a student’s return to campus. The terms of the Resolution Agreement require Rutgers to conduct an individualized assessment, pursuant to its existing Policy, to ascertain whether the complainant can safely return to campus, and whether Rutgers deems her eligible to return to campus or not, specifies how missed coursework will either be made up or denoted on the student’s transcript.