STUDENT HEALTH ASSESSMENT AND LEAVE POLICY


Date approved:	26 May 2009	Date Policy will take effect:	On approval	Date of Next Review:	December 2009
Approved by:	Administrative Committee
Custodian title & e-mail address:	Senior Manager, Policy and Governance governance@uow.edu.au
Author:	Policy and Governance Unit, Academic Registrar’s Division
Responsible Faculty/ Division & Unit:	Policy and Governance Unit, Academic Registrar’s Division
Supporting documents, procedures & forms of this policy:	Nil
References & Legislation:	Anti-Discrimination Act 1977 (NSW) Disability Discrimination Act 1992 (Cwth) Disability Standards for Education Privacy Act 1988 (Commonwealth) Disability Policy – Students Privacy Policy Student Conduct Rules Campus Access and Order Rules
Audience:	Internet – public access
Expiry Date of Policy:	Not applicable

Contents

1 Purpose of Policy 2
2 Definitions 2
3 Application & Scope 3
4 Policy Principles 3
5 Involuntary Leave 3
6 Reporting and Investigating a Serious Health Condition 3
7 Appeals 6
8 Roles & Responsibilities 6
9 Version Control and Change History 6

1 Purpose of Policy

1. The purpose of the Student Health Assessment and Leave Policy is to provide for the management of a student with a serious health condition.

2 Definitions

Word/Term	Definition (with examples if required)
Designated Staff Member	One of the following members of the University staff: • Sub Dean • Associate Dean • Deputy Dean (Graduate School of Medicine) • Associate Librarian, Client Services • Student Residence Manager • Chief Technology Officer • Manager Security • Head, Shoalhaven Campus • Manager, UOW Education Centres
Leave of absence	A period of approved leave from the University.
Members of the University community	Staff and students of the University.
Misconduct	Conduct by a student that is in breach of the Rules, codes, policies and procedures of UOW.
Registered medical practitioner or mental health professional	A person registered with a professional body to provide a specialised medical or mental health opinion.
Serious health condition	A health condition or disability that: a. is likely to physically endanger the student or member of the University community; or b. causes or results in behaviour by the student that causes the student to harass any member of the University community; or c. causes or results in behaviour by the student that causes or might cause emotional disturbance to any member of the University community; or d. causes or results in behaviour by the student that significantly disrupts the provision of academic or general services to any member of the University community; or e. is of such a nature that would prevent the student from successfully progressing in a course that the student is currently enrolled in.
Student	A person registered for a course.
The University	The campuses, facilities, operations, resources and services of the University of Wollongong.

3 Application & Scope

1. This policy applies to University of Wollongong students:

a. attending an Australian campus; or
b. undertaking study within the virtual/online environment; or
c. elsewhere, where the student is representing UOW. This includes during work or clinical placements, practicum and related activities, field trips, academic or sporting competitions.

1. This policy does not preclude or replace disciplinary action in response to criminal activity or serious violations of UOW rules or policies.

4 Policy Principles

1. UOW is committed to providing:

a. a safe and orderly environment free from harassment and discrimination for all members of the University community; and
b. a supportive environment for all UOW students.

2. Underlying the requirements, definitions and procedures of this policy are the principles of equity, consistency, transparency and procedural fairness.
3. The University will comply with privacy legislation and anti-discrimination legislation at all times in applying this policy.

5 Involuntary Leave

1. A student who is unable or unwilling to request a leave of absence in circumstances as provided in the General Course Rules may be placed on involuntary leave if the Academic Registrar believes that the student has a serious health condition (as defined in section 2 of this policy) that makes the student unfit to attend the University or to continue in a course for a period of time.
2. A student will be placed on involuntary leave without academic penalty.
3. Students who are placed on involuntary leave may be directed to comply with certain conditions (see section 6.7 below) in order to be re-enrolled in a course.
4. Students may be placed on involuntary leave for a maximum period of 15 months.

6 Reporting and Investigating a Serious Health Condition

Reporting a Serious Health Condition

1. When a staff member is concerned that a student’s behaviour or pattern of behaviour might be the result of a serious health condition as defined in section 2, the staff member should report these concerns to the appropriate Designated Staff Member.
2. The Designated Staff Member may make preliminary enquiries into the student’s behaviour. If the Designated Staff Member has grounds to believe the student has a serious health condition, the Designated Staff Member will report the student to the Academic Registrar. In making the report, the Designated Staff Member will provide the Academic Registrar with all relevant information and evidence relating to the student.
3. The Academic Registrar will investigate the report, or cause the report to be investigated by a nominated officer who is not a Designated Staff Member, in order to determine whether further action is required.
4. In the course of investigating a report, the Academic Registrar or nominee may seek any other information deemed relevant to the student’s possible serious health condition and its effect or likely effect on the student or other members of the University community.
5. In determining whether further action is required, the Academic Registrar may seek the advice of a registered mental health professional or medical practitioner.
6. If, based on the information available, the Academic Registrar has grounds to believe that further action is required, the student will be notified in writing of the investigation and asked to attend a meeting with the Academic Registrar.
7. The Academic Registrar must make a determination as soon as possible and within a maximum of ten working days of the report being made.
8. If the Academic Registrar determines that no further action is required, the original parties involved in making the report will be informed of this outcome.

Notice of Meeting

9. In the notice to the student, the Academic Registrar must:

a. outline the circumstances which led to the report being made and the nature of the report;
b. outline the reasons for believing further action is required on the matter and summarising the basis of these reasons.
c. request that the student attend a meeting with the Academic Registrar to discuss the matter further, and advise that the student may bring a support person to the meeting.
d. request that the student provide information on any serious health condition they may have that could have led to a report being made.
e. advise whether a registered mental health professional or medical practitioner will be in attendance.
f. give the student no less than 7 and no more than 21 days to respond to the notice.
g. advise the student that failure to respond to the notice will result in the Academic Registrar recommending to the Vice-Chancellor that the student immediately be suspended from the University.

10. At the meeting with the student, the Academic Registrar will give the student reasonable opportunity to respond to the concerns raised about the student’s behaviour.
11. The Academic Registrar may at any time recommend that the student take a leave of absence and offer the student access to support services if appropriate during that leave.

Outcomes of Meeting with Student

12. Following the meeting and taking into account the student’s response, the Academic Registrar will decide on a course of action to take. The Academic Registrar can:

a. take no further action if the Academic Registrar believes that the student does not have a serious health condition that makes the student unfit to attend the University or to continue in a course for a period of time or believes that the student is unlikely to repeat the behaviour that gave rise to the report; or
b. choose to take no further action on the basis that the student discloses that the student does have a serious health condition and provides evidence that steps have been taken by the student to manage the serious health condition and that the behaviour is unlikely to recur.
c. if the student discloses to the Academic Registrar that the student does have a serious health condition that makes the student unfit to attend the University or to continue in a course for a period of time, but the Academic Registrar believes a period of leave is not necessary, direct the student do one or more of the following:

i. attend a counselling, psychological or health service;
ii. contact a Disability Liaison Officer;
iii. attend the Learning Resource Centre for help with academic matters;
iv. apply to their Faculty Subdean or Associate Dean to reduce the student’s academic load by withdrawing from one or more subjects, without academic penalty.
If the student does not comply with the Academic Registrar’s directions in the time and manner specified, the Academic Registrar may place the student on a period of involuntary leave.

d. If the Academic Registrar believes that the student has a serious health condition that makes the student unfit to attend the University or to continue in a course for a period of time, place the student on a period of involuntary leave, with conditions for the student’s re-enrolment. Such conditions may include, but are not limited to:

i. attending a counselling, psychological or health service
ii. providing evidence of use of prescribed medication (eg statement from medical practitioner)
iii. observing other medical or behavioural directions

13. When there is insufficient information for the Academic Registrar form an opinion as to whether the student has a serious health condition that makes the student unfit to attend the University or to continue in a course for a period of time, the Academic Registrar may direct the student to be assessed by a registered mental health professional or medical practitioner (at the University’s expense) selected by the University or by the student and approved by the University, with the assessment made available to the Academic Registrar. If the student does not cooperate with this direction then the Academic Registrar may determine that the student has a serious health condition and take any action deemed appropriate.
14. If at any point in the investigation process the student decides to take a leave of absence, the investigation will be discontinued.
15. The Academic Registrar will notify the student in writing of the outcome of the investigation and detail the reasons for the Academic Registrar’s decision as soon as possible or within ten working days of the meeting between the Academic Registrar and the student. The notice to the student must outline the appeals process.

Urgency Provisions

16. If at any point following a report the Academic Registrar believes that the student’s behaviour constitutes a direct threat to other members of the University community, the Academic Registrar may recommend to the Vice-Chancellor that the student immediately be suspended from the University pending further investigation.

Instigation of Discipline Proceedings

17. If, during the course of the investigation, the Academic Registrar has grounds to believe that it is unlikely that student has a serious health condition and that the matter should be dealt with through the University’s discipline proceedings, then the investigation can be terminated and the matter referred to an appropriate Primary Investigation Officer, in accordance with the Student Conduct Rules.

7 Appeals

Appeal to Deputy Vice-Chancellor (Academic)

1. A student may appeal in writing to the Deputy Vice-Chancellor (Academic) for a review of the Academic Registrar’s decision on the following grounds:

a. substantive procedural error;
b. new and substantive information that could not be provided originally;
c. merits of the Academic Registrar’s findings.

2. An appeal by a student against the Academic Registrar’s decision must be lodged with the Deputy Vice-Chancellor (Academic) within ten working days of the Academic Registrar’s notice to the student. The student must state reasons for appealing the decision and may include any new information the student believes is relevant to the appeal and could not be provided originally.
3. The Deputy Vice-Chancellor (Academic) will review all of the evidence provided by the Academic Registrar and the student and may seek further information as necessary.
4. Upon consideration of the appeal, the Deputy Vice-Chancellor (Academic) may apply the following outcomes:

a. appeal denied and the determination of the Academic Registrar stands;
b. appeal upheld on the basis of new and substantive information provided and the matter referred back to the Academic Registrar for reconsideration;
c. appeal upheld on the grounds of procedural error, in which case the Deputy Vice-Chancellor (Academic) determines an outcome on the matter as provided in 6.11 to 6.14.

5. The Deputy Vice-Chancellor (Academic) will advise the student of the outcome of the appeal as soon as possible or within ten working days of the appeal being received.
6. Where the matter is referred back to the Academic Registrar for reconsideration, the Academic Registrar must notify the student of the outcome of the investigation as soon as possible and within ten working days of the matter being referred back.

8 Roles & Responsibilities

1. Roles and responsibilities are as detailed in this policy.

9 Version Control and Change History

Version Control	Date Effective	Approved By	Amendment
1	26 May 2009	Administrative Committee	First Version
2
3

Last reviewed: 25 June, 2009

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