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O'CALLAHAN’S <
440 Coburg Road. Eugene Phone 343-1221 Jfcj
Advocacy office criticizes
mandatory medical leave
By PAUL TELLES
01 the Emerald
The University violated a
student’s legal right to due
process when it put him on
mandatory medical leave earlier
this term, the ASUO’s Office of
Student Advocacy charges.
University officials disagree.
Dean of Students Bob Bowlin
says the student, whose name
has been withheld, was put on
medical leave after it was shown
that he represents a “substan
tial threat’’ to the University
community.
The decision was made at a
hearing presided over by phy
sician James Jackson, director
of the Student Health Center,
after the student was examined
by a center psychiatrist.
OSA director JoAnn Een says
the hearing violated the
student’s civil rights because
Jackson reviewed only
evidence compiled by his own
staff. The hearing should have
been conducted by an outside
party, probably an attorney, Een
says
The University can order a
student to leave the University
indefinitely if the SHC director
finds the student has a “medical
or mental health disability which
substantially threatens’’ the
University community or its
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educational processes.
Before scheduling a hearing
where the SHC director makes a
ruling, the dean of students
must request that the student
and his family seek private
evaluation of the student’s
health. If they refuse, the
student can be ordered to be
examined bv a SHC physician.
An amendment recently
proposed by the University
would permit a SHC staff phy
sician to examine the student
without conferring with the
student’s own doctor.
There is no conflict of interest
involved when the SHC director
presides over a hearing based
on evaluations made by an SHC
physician, Bowlin says. Een’s
criticism of the director’s role
“assumes that people can’t be
objective and give us an opin
ion,” he says.
Waiting for students to obtain
private evaluations could
prevent the University from act
ing promptly in these cases,
Bowlin says. The procedure still
would allow students to present
evidence from private
evaluations at their hearings, he
adds.
Een also criticizes the rules
governing the procedure
because they don’t say how
much notice a student should
be given before the hearing and
don’t define "substantial
threat”
The leave procedure calls for
“reasonable notice” of a hear
ing date but sets no specific
time limit. Bowlin says this is
proper because some situa
tions, especially situations in
volving psychiatric disorders,
often require prompt action.
Only two students have been
put on medical leave during the
past seven years, Bowlin says.
In the case decided this term,
the student carried Mace on
campus, threw weights at peo
ple in the weight room in
Esslinger Hall and “even as
saulted another student,” Bow
lin says.
After the student repeatedly
refused requests that he seek
psychiatric help, Bowlin in
voked the medical leave
procedure. The student was
given 48 hours notice of his
hearing.
An amendment proposed by
the OSA would require the
University to give students at
least 10 days notice of a hear
ing. In the recent case, Een says
the student didn’t have time to
contact a lawyer or prepare a
case. He was represented by
student defenders from the
OSA, she says.
Bowlin says the amount of
notice given to students would
vary from case to case,
depending on the severity of the
student’s problem.
In the recent case, the prob
lem with the student went on
almost a year and a half, Bowlin
says. After refusing to seek
help, the student shouldn’t have
been surprised when the
University took action, he says.
Cases like the recent one and
a 1974 case involving a
graduate student who often
becamd abusive in class offer a
self-explanatory definition of
“substantial threat," Bowlin
says.
A public hearing on the
proposed amendments will be
held today at 3 p.m. in EMU
Room 101. People who want to
testify at the hearing can review
copies of the rules and the
proposed amendments in the
University president’s office,
110 Johnson Hall or the ASUO
Executive Office, EMU Suite 4.
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