Supportive Leave Procedure

Purpose

In alignment with the University’s commitment to providing appropriate support and care to meet the unique needs of its Students, this document provides a pathway for Students who are struggling and require assistance in addressing behaviours that may pose a risk of harm to themselves or other University Members, or result in significant disruption of their educational experience or that of fellow students.

This Procedure intends to:

1. identify and support Students with behaviours that pose a risk to themselves or others or cause significant disruption of their educational experience or that of fellow students in order to promote academic success and well being for University Members;

2. assess the level of risk Students may pose to themselves and to other University Members,

3. provide a non-punitive process by which Students can seek a Leave of Absence or undertake a Supportive Leave and;

4. educate the University community on the Student Support Committee function and the role the community plays.

Definitions

For the purposes of this Procedure, the following definitions apply:

“Administrative Fairness” means that University Decision-Making Processes result in Decisions that are arrived at fairly, in accordance with the standards set out in the Fair Processes Policy.

"Decision” means:

• a decision to place a Student on a Supportive Leave;
• the imposition of Interim Measures;
• a decision rejecting the Student’s application to return from a Supportive Leave.

“Interim Measures” means the set of interim actions recommended by the Student Support Committee in cases where it believes reasonably that the Student may harm themselves and/or others, damage the university property, or their continued presence on University campus may disrupt the operation of the University.

“Leave of Absence” means a temporary withdrawal from courses at the request of a Student and that is approved under this Procedure to enable a Student to address health or other issues prior to return to studies.

“Online University Environment” means all online media including websites, email, social media accounts, online learning tools and applications provided, managed or self-identified as belonging to the University. This includes but is not limited to the University’s website, branded social media events (i.e. Facebook Live and X), as well as online learning and collaboration tools such as Google Apps for Education.

“Return to Campus Plan” means a plan prepared to facilitate the return of a Student who had been on Leave of Absence or Supportive Leave, to the University and the relevant academic program.

“Student” means anyone who is registered in an undergraduate program or in a master’s or doctoral program at the University on either a full-time or part-time basis and “Students” will be interpreted accordingly to refer to more than one Student.

“Student Behaviour Policies” means the university’s policy instruments that regulate student conduct, including the Student Conduct Policy, Student Sexual Violence Policy, Respectful Campus Policy, Professional Suitability Policy, and Academic Integrity Policy and related procedures.

“Student Support Committee” or “Committee” means a committee established under the Student Mental Health Policy to assess and review matters related to Student behavior that may be influenced by an individual’s mental health needs. The Committee is advisory to the Deputy Provost or other decision-makers under applicable Student Behaviour Policies.

“Supportive Leave” means a leave directed by the University when a registered Student poses a risk of harm to themselves or others or poses a significant risk of disruption to their own or others educational experience. This may include a psychological state or conduct that prevents them from being able to succeed academically, even with academic accommodations in place.

“University Members” means any individual who:

• is employed by the University or holds an appointment with the University, including paid, unpaid and/or honorific appointments (“Employee”);
• is a Student;

• is otherwise subject to University policies by virtue of the requirements of a specific policy (e.g. Booking and Use of University Space) and/or the terms of an agreement or contract.

Scope and authority

The Provost, or successor thereof, is the Policy Owner and is responsible for overseeing the implementation, administration, interpretation and application of this Procedure.

This Procedure will be interpreted and applied in conjunction with the University’s Student Behaviour Policies and the Student Mental Health Policy. Where appropriate, certain administrative decisions taken under this Procedure may supersede other University policies or procedures, particularly with respect to health and safety.

This Procedure applies to all individuals who are registered as a Student, in accordance with the academic regulations of the University, or were at the time behaviours occurred.

Procedure

The University acknowledges that some Students, either for their own well-being and academic success or that of other University Members, may need care and support which, in some cases, may exceed what the University can provide with respect to accommodative, mental health or other resources or supports and is best provided if the Student is not actively engaged in studies. In these exceptional circumstances, the potential disciplinary approach of Student Behaviour Policies may not be suitable.

Actions taken under this Procedure are supportive in nature and will not be considered disciplinary actions. Any action must respect Student rights, including rights to integrity, and rights regarding the protection of personal information. However, the University will seek to balance the rights of the Student and the rights of other University Members when assessing the conduct and making decisions with respect to the Student.

This Procedure will be invoked only in extraordinary circumstances such as, but not limited to, situations where a Student is unable and/or unwilling to take steps to request a Leave of Absence, as applicable. Such inability could for example occur due to a Student’s mental health condition which may impede their ability to have insight into their behaviour.

Before a Supportive Leave is considered, efforts will be made to ensure the Student has been offered appropriate accommodations and to encourage the Student to avail themselves of a Leave of Absence at their election.

A Student may be required to take a Supportive Leave in situations where the Student’s physical and/or mental state and/or related conduct is such that it poses a risk of harm to themselves, other University Members or significant disruption to the educational experience. This may include a state or conduct that prevents them from being able to succeed academically, even with academic accommodations in place.

Concerns received about conduct off-campus or in the Online University Environment will be considered by the University on a case-by-case basis, taking into account factors including whether there is an external body that is better positioned to address the concern in question.

Student Support Committee

1. The Student Support Committee (“Committee”) will meet to review matters that have been referred to it.

2. The Committee will meet on an urgent basis to consider reports of Students referred to it that may be considered high-risk, and will provide recommendations to the Office of Campus Safety regarding Interim Measures.

3. The Committee will provide recommendations to the Deputy Provost or designate, as to supportive measures required, up to and including a Supportive Leave.

4. The Committee may assign a designate to provide support to individual Students in accessing resources and ensuring that appropriate accommodations can be provided. The designate will also assist with any transition to a Leave of Absence or Supportive Leave, and support the Student in a return to learning.

University Commitments

1. The University will make every reasonable effort to support a Student to enable the successful completion of studies.

2. The Deputy Provost, or designate, will endeavor to work with Students that are directed to take a Supportive Leave or elect to take a Leave of Absence to help minimize academic and/or financial impact as much as possible.

Protection of Privacy

1. The University is committed to compliance with legislation dealing with the protection of privacy, including the Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act. Collection, use, and disclosure of personal information including personal health information pursuant to this Procedure must be in accordance with relevant law.

2. Personal information or Personal Health Information collected or used under this Procedure will be used only for the purposes of administering this Procedure, or for mitigating the Student’s risk to self or other University Members, and will be disclosed only on a need-to-know basis. Subject to applicable law, personal information or personal health information collected, used and disclosed under this Procedure will otherwise be kept confidential, and will be stored and disposed of in accordance with the applicable legislation and Ontario Tech University’s Records Management Policy.

3. It is understood that safety considerations are paramount, and privacy and confidentiality rights must be weighed against potential risks to the health and safety of individuals and the University community. In certain circumstances, specific and limited disclosure of personal information or personal health information must be made to mitigate risks, including where the University is obliged by law to disclose the information. Examples include where:

   1. an individual is at risk of imminent and/or serious physical or

   2. psychological harm to themselves or others;

   3. members of the University community may be at risk of harm; and/or

   4. reporting or investigation is required by law.

Student Support Committee Process

1. Individuals who have concerns that a Student is exhibiting behaviours that may pose a risk of harm to themselves or other University Members, or result in significant disruption of their or others’ educational experience should report these concerns to the relevant Dean.

2. Where the Dean believes that the Student’s behavior is such that they may benefit from a Supportive Leave, they may refer the matter to the Deputy Provost or designate, for consideration under this Procedure.

3. The notification to the Deputy Provost or designate, should generally include the following information:

   1. Description of events/incidents, including location, behaviour, and any other information relevant to the assessment of whether the threshold has been met and to the assessment of the possibility of a leave;

   2. Additional relevant information such as other people involved and/or any witnesses;

   3. Supportive resources offered or engaged, accommodations if any, and interventions taken to date; and,

   4. Any other information that may assist the Deputy Provost, or designate in making an informed assessment and a fair engagement with the Student who is the subject of the notification.

4. After receipt of a report of a Student, the Deputy Provost or designate, will review it to make a preliminary determination of the risk level. Where there is a severe level of risk, the Student Support Committee will convene as soon as possible to discuss the case, normally, within two working days.

University Commitments

1. The University will make every reasonable effort to support a Student to enable the successful completion of studies.

2. The Deputy Provost, or designate, will endeavor to work with Students that are directed to take a Supportive Leave or elect to take a Leave of Absence to help minimize academic and/or financial impact as much as possible.

Protection of Privacy

1. The University is committed to compliance with legislation dealing with the protection of privacy, including the Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act. Collection, use, and disclosure of personal information including personal health information pursuant to this Procedure must be in accordance with relevant law.

2. Personal information or Personal Health Information collected or used under this Procedure will be used only for the purposes of administering this Procedure, or for mitigating the Student’s risk to self or other University Members, and will be disclosed only on a need-to-know basis. Subject to applicable law, personal information or personal health information collected, used and disclosed under this Procedure will otherwise be kept confidential, and will be stored and disposed of in accordance with the applicable legislation and Ontario Tech University’s Records Management Policy.

3. It is understood that safety considerations are paramount, and privacy and confidentiality rights must be weighed against potential risks to the health and safety of individuals and the University community. In certain circumstances, specific and limited disclosure of personal information or personal health information must be made to mitigate risks, including where the University is obliged by law to disclose the information. Examples include where:

   1. an individual is at risk of imminent and/or serious physical or psychological harm to themselves or others;

   2. members of the University community may be at risk of harm; and/or

   3. reporting or investigation is required by law.

Student Support Committee Process

1. Individuals who have concerns that a Student is exhibiting behaviours that may pose a risk of harm to themselves or other University Members, or result in significant disruption of their or others’ educational experience should report these concerns to the relevant Dean.

2. Where the Dean believes that the Student’s behavior is such that they may benefit from a Supportive Leave, they may refer the matter to the Deputy Provost or designate, for consideration under this Procedure.

3. The notification to the Deputy Provost or designate, should generally include the following information:

4. Description of events/incidents, including location, behaviour, and any other information relevant to the assessment of whether the threshold has been met and to the assessment of the possibility of a leave;

   1. Additional relevant information such as other people involved and/or any witnesses;

   2. Supportive resources offered or engaged, accommodations if any, and interventions taken to date; and,

   3. Any other information that may assist the Deputy Provost, or designate in making an informed assessment and a fair engagement with the Student who is the subject of the notification.

5. After receipt of a report of a Student, the Deputy Provost or designate, will review it to make a preliminary determination of the risk level. Where there is a severe level of risk, the Student Support Committee will convene as soon as possible to discuss the case, normally, within two working days.

Risk Mitigation

1. The Committee may recommend actions to address and mitigate risk to the Student, affected University Members and/or to the campus community. Multiple actions may be recommended, including, but not limited to:

   1. no further action,

   2. assigning a Committee delegate to assist the Student in accessing university or community supports,

   3. continued monitoring of the Student’s behaviour,

   4. participation in on- or off-campus counselling,

   5. a professional assessment, including a psychiatric or psychological assessment or violence threat assessment,

   6. a referral to the Student Mental Health Services and/or Student Accessibility Services,

   7. a referral to academic and non-academic supports offered by the university, including academic advising, the Student Learning Centre, and advocacy and support services for Equity and Inclusion.

   8. a referral to another internal or external agency,

   9. modification of the academic course load,

   10. a recommendation of a Leave of Absence until such time the Student can address health issues without incurring formal consequences,

   11. relocation within residence,

   12. eviction from residence,

   13. suspension from residence,

   14. a non-contact directive,

   15. suspension of privileges,

   16. restricted movement on campus (including but not limited to issuance of a no-trespass order),

   17. agreement and compliance with a behavior contract including a residence behaviour contract,

   18. a Supportive Leave.

When reasonable grounds exist, and less intrusive measures are unfeasible or have been exhausted, a professional assessment, including a psychiatric or psychological assessment or violence threat assessment, may be requested by the University. Failure to produce results of the evaluation that demonstrates the Student’s fitness to remain on campus may result in a Supportive Leave or the Student may elect a Leave of Absence.

Failure to comply with the risk mitigation strategies communicated to the Student may result in additional risk mitigation strategies being implemented, including but not limited to a Supportive Leave or the Student may elect a Leave of Absence.

Interim Measures

1. In cases where there is reasonable apprehension that the safety of self and/or others is endangered, damage to university property is likely to occur, or where the continued presence of the Student(s) would be disruptive to the legitimate operations of the University, the Committee may recommend interim actions for consideration by the Office of Campus Safety. The director of Campus Safety, or delegate is authorized to immediately implement Interim Measures as necessary.

2. A Student may apply to the Deputy Provost or delegate to vary the terms of the Interim Measures within ten working days of receiving the notification, and provide any additional relevant information for consideration. The Deputy Provost will render a final decision on any Interim Measures within three business days.

3. Any Interim Measures will be reviewed on a regular basis.

Responses

1. Leave of Absence
   A Leave of Absence occurs when a Student agrees to temporarily withdraw from the University due to mental or physical health reasons. A request for a Leave of Absence requires the appropriate medical documentation and is considered by the Student Support Committee, with recommendations made to the Deputy Provost, or designate.

   Students should complete the appropriate forms from the Registrar’s Office to avoid academic penalties in advance of the Leave of Absence, or as soon as reasonably practicable. The Committee will assign a designate to assist the Student in this process. A Leave of Absence may also involve conditions (as recommended by the Committee, who may consult with a health care professional) that must be fulfilled should the Student wish to return to the University, that will be set out in a Return to Campus Plan recommended by the Committee and approved by the Deputy Provost, or designate.

2. Supportive Leave
   Prior to the Committee arriving at a recommendation for a Supportive Leave, a University representative will endeavor to meet with the Student to obtain relevant information from the Student’s perspective.

   If the Committee recommends a Supportive Leave to the Deputy Provost, or designate, the Student will receive notice that their file has been referred for decision under this Procedure and the reasons why this recommendation was made. The Student will be afforded an opportunity to present their views on the matter to the Deputy Provost, or designate, prior to a final decision, and be offered an opportunity to avail themselves of a Leave of Absence.

   If the Deputy Provost or designate accepts the recommendation for a Supportive Leave, the Student will not be permitted on campus or to participate in any University activities until the University determines that the Student is fit and safe to return to campus in accordance with the terms and conditions of the Supportive Leave and the Return to Campus procedure.

3. Decision Notification
   If the Deputy Provost, or designate, decides a Supportive Leave is appropriate, the Student will be notified in writing of the Decision to their ontariotechu.net and personal email address on file and via a meeting (when possible). The Student will be provided with the terms and conditions associated with the Supportive Leave, rationale for the Decision, a review of the process leading to this Decision, appeal procedures under section 23 herein and information on the Return to Campus Procedure.

Return to Campus Procedure

1. Students placed on a Supportive Leave will be required to apply in writing to the Deputy Provost in order to return to campus. The completed application is due at least 45 days prior to the start of the semester the Student wishes to attend.
   The application will require the following in order to be considered:

   1. evidence that all terms and conditions associated with the Supportive Leave have been met; and

   1. an assessment has been completed by appropriate treating medical professional(s) in order to demonstrate that the Student does not pose a risk of harm to themselves or others and is capable of participating appropriately in the academic life of the University.

2. The Office of the Deputy Provost will evaluate completed applications and their accompanying documentation and consult with the Committee. A recommendation regarding whether the Student should be permitted to return to campus and any Return to Campus Plan will be forwarded to the Deputy Provost, normally within 20 working days after receipt of a completed application.

3.  During the review process, the Deputy Provost may require the Student to provide additional documentation from treating medical professional(s). The Deputy Provost will inform the Student, in writing, whether the application has been approved.

4.  If, based on the available information, the Deputy Provost is of the view that the Student is unable to return to studies safely and/or to engage in the essential activities required to pursue an education at the University, the Deputy Provost may continue the Supportive Leave under this Procedure. The Decision of the Deputy Provost is subject to review and appeal as described in section 23.

5.  The University has established time limits for the completion of academic programs. If a student is unable to receive approval to return to campus within the time limit established by applicable policy, or is unable to fulfil terms and conditions of the Supportive Leave or Return to Campus Plan within established timelines, including failure to contact the University at specified times, the University may notify the Student of the University’s intention to terminate the Student’s registration and/or association with the University and provide an opportunity for the Student to respond. The University must consider any response from the Student including whether an extension should be agreed to prior to proceeding to terminate the Student’s registration and/or association.

Return to Campus Plan

1. Where a Student has received approval to return to campus following a Supportive Leave, the Committee will establish a Return to Campus Plan that outlines any terms of the Student’s return to campus including recommended support services.

2.  A designate of the Committee will work with the Student and oversee their transition back to campus, including reporting on progress to the Committee. The Return to Campus Plan may also include the disposition of any outstanding non-academic discipline matters and/or sanctions, and allow for accommodation of any disability-related needs to the point of undue hardship.

Decision Review

1. Students subject to a Decision under this Procedure may request, in writing, a review of the Decision where:

   1. New evidence exists that was not available to the Student at the time of the original decision (through no fault of their own) that, if considered would likely have altered the outcome of the Decision; or

   2. There was a fundamental flaw in the decision-making process that led to the Decision, resulting in a lack of Administrative Fairness.

2. A request for review must be submitted in writing to the Office of the Provost within ten working days of the Student having received notification of the Decision from the Deputy Provost, or delegate. The request must include the grounds for the review.

3. The Student may request an extension on the time limit for the Student to request a review and the Provost may extend the time limit, if appropriate, having regard to the University’s duty to accommodate to the point of undue hardship.

4. The Provost will receive and review a copy of the request for review, and all materials gathered in the decision-making process and may consult with the Committee or anyone else the Provost believes may have pertinent information.

5. The Provost will issue a written decision within ten (10) working days of the Student’s submission.

Monitoring and review

This Procedure will be reviewed as necessary, and at least annually for the first two years after its introduction. Thereafter this Procedure will be reviewed every three years. The Deputy Provost, or successor thereof, is responsible to monitor and review this Procedure.

Relevant legislation

Human Rights Code, R.S.O. 1990, c. H.19

Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005

Occupational Health and Safety Act, R.S.O. 1990, c O.1, as amended

Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c F. 31

Strengthening Accountability and Student Supports Act, 2024, S.O. 2024, c. 11

Related policies, procedures & documents

Student Conduct Policy

Student Mental Health Policy

Respectful Campus Policy

Procedures to Prevent and Address Discrimination and Harassment by or Against Students

Student Sexual Violence Policy and Procedures

Fair Processes Policy

Accommodation Policy