(1) To provide a leave option with managed return to study for students with a serious health condition which may: (2) To manage infrequent situations where the Student Behaviours Policy and General Misconduct Statute 2009 is not the appropriate means of dealing with a case. (3) To provide a process for placing a student on involuntary leave where there is a reasonable belief that the student has a serious health condition that makes them unfit to attend university or continue in a course for a period of time and where the student is unwilling or unable to request a leave of absence. (4) This Policy applies to all students at all campuses (including when students are representing La Trobe across Australia and abroad). (5) La Trobe University aspires to provide an outstanding student experience that is conducive to scholarly activity and supportive of individual learning goals. Underpinning this experience is a safe, inclusive and respectful environment. (6) La Trobe University will not tolerate instances of unacceptable behaviour on any La Trobe University campus, or when representing La Trobe University within the broader community. (7) This Policy does not preclude action in response to criminal activity or serious violations of La Trobe University rules, policies or procedures. (8) The University will respect the rights of students by: (9) The University will support students to manage their health conditions by: (10) Any member of the University community can report concerns to the Safer Community where they have a reasonable belief that a student’s unacceptable behaviour may be the result of a serious health condition and the said behaviour is negatively impacting the student or the University community. (11) If, during an investigation into a student’s alleged unacceptable behaviour, there is reasonable grounds to believe that the unacceptable behaviour is related to a student’s serious health condition, the matter must be reported to Executive Director, Student Services and Administration. (12) On receiving a report or being informed that a student may have a serious health condition, the Executive Director, Student Services and Administration will commission an investigation as they deem appropriate. This may include: (13) The Executive Director, Student Services and Administration should, where time and circumstances permit: (14) The Executive Director, Student Services and Administration will consider all evidence, submissions, reports or matters raised in meetings with affected parties and determine whether Involuntary Medical Leave should be applied if the following conditions are met: (15) The timeframe and conditions of return to study will be determined by the Executive Director, Student Services and Administration. The maximum timeframe for Involuntary Leave to be applied under this Policy is twelve (12) calendar months. Where time and circumstances permit, medical professionals, disability advocates and other expert parties may be consulted. (16) In consultation the Deputy Director, Student Administration and the Executive Director, Student Services and Administration may allow a retrospective withdrawal or retrospective leave of absence and consider remission of debt at their discretion. (17) Following investigation and review by the Executive Director, Student Services and Administration and/or the Complex Behaviours Risk Advisory Group, if there are reasonable grounds for believing that: (18) In the event that a recommendation is made to apply Involuntary Medical Leave under this Policy, the Executive Director, Student Services and Administration will ensure that the following will occur: (19) This written notice will be forwarded to the student within ten (10) working days of the initial report being received by the Executive Director, Student Services and Administration from the Safer Community service. (20) A copy of this written notice will be forwarded to relevant University business units in accordance with the University’s Privacy Policy for relevant action to be undertaken. (21) A student may seek a review of any decision to activate Involuntary Medical leave; the required conditions of return to study; and applied timeframes from the Executive Director, Student Services and Administration. (22) The student seeking a review against the decision must: (23) If the student has been offered and taken up an option to respond in person: (24) If the student has been admitted to hospital or is incapacitated at the time of issue of the notice, the Executive Director, Student Services and Administration may, at the discretion, grant additional time and flexible options for submission of the request for review. (25) At any time during notification and responding to a student who is believed to have a serious medical condition, support will be offered and provided by the University through services such as, but not limited to, the Safer Community service, Counselling Services, Equity and Diversity (disability support), student organisations or other relevant community services. (26) The University will offer continued support to students on Involuntary Medical Leave by: (27) Students placed on Involuntary Medical leave will need to apply for re-admission after the application of leave to the Executive Director, Student Services and Administration for assessment. (28) The student must have met the conditions to return to study as set out in the Involuntary Medical Leave decision. (29) The Executive Director, Student Services and Administration may require the person to undergo a medical examination, at the expense of the University, by a medical practitioner nominated by the University and may specify the nature of the examination and timeframe within which such examination must be undertaken. (30) The University may make a condition for return to study that they be able to communicate with the medical practitioner to clarify any issues of concern. (31) A medical practitioner may include a general practitioner, registered psychologist, psychiatrist or other registered specialist. (32) The Executive Director, Student Services and Administration may determine that further Involuntary Medical Leave is required. The maximum timeframe for additional Involuntary Medical Leave to be applied under this Policy is twelve (12) calendar months. Notification of this decision is to follow the written notice requirements of Part E of this Procedure. (33) A student may seek a review of any decision to activate additional Involuntary Medical Leave; the required conditions of return to study; and applied timeframes from the Executive Director, Student Services and Administration. The student seeking a review must follow the review process as prescribed in Part F of this Procedure. (34) For the purpose of this Policy and Procedure:Student Involuntary Medical Leave Policy
Section 1 - Background and Purpose
Section 2 - Scope
Section 3 - Policy Statement
Top of PageSection 4 - Procedures
Part A - Reporting a Serious Health Condition
Part B - Investigating a Serious Health Condition
Part C - Decision to Activate Involuntary Medical Leave
Part D - Denial of Access in a Situation of Substantial Risk
Part E - Notification of a Decision
Part F - Review Process
Part G - Support for Students
Part H - Re-admission After Involuntary Medical Leave
Section 5 - Definitions
Top of Page
Section 6 - Stakeholders
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This is not a current document. It has been repealed and is no longer in force.
the Executive Director, Student Services and Administration may recommend the denial of access to University premises for any period deemed appropriate without prior notice to the student.
Responsibility for implementation – Executive Director, Student Services and Administration.
Responsibility for monitoring implementation and compliance – Executive Director, Student Services and Administration.