1. Dilemmas without Borders: Medical RCLs
2017 International Advising Summit August 18, 2017

2. Presenters
Christina Luther, Director, International Student & Scholar Services Portland State University (503)
Andrew Shiotani, Assistant Director, International Student & Scholar Services University of Oregon (541)

3. What do the Regulations Say?

4. 8 CFR 214.2(f)(6)(iii)(B)
(B) Medical conditions. The DSO may authorize a reduced course load (or, if necessary, no course load) due to a student's temporary illness or medical condition for a period of time not to exceed an aggregate of 12 months while the student is pursuing a course of study at a particular program level. In order to authorize a reduced course load based upon a medical condition, the student must provide medical documentation from a licensed doctor, doctor of osteopathy, or licensed clinical psychologist to the DSO to substantiate the illness or medical condition.

5. (cont’d)
…The student must provide current medical documentation and the DSO must reauthorize the drop below full course of study each new term, session, or semester. A student previously authorized to drop below a full course of study due to illness or medical condition for an aggregate of 12 months may not be authorized by a DSO to reduce his or her course load on subsequent occasions while pursuing a course of study at the same program level. A student may be authorized to reduce course load for a reason of illness or medical condition on more than one occasion while pursuing a course of study, so long as the aggregate period of that authorization does not exceed 12 months.

6. Summary of Regulatory Requirements
If approved by DSO, allows reduced course load or no course load, if medically necessary
Requires medical documentation from a licensed doctor, osteopath, or clinical psychologist
Requires authorization by the DSO for each term that the condition persists
Can be authorized for no more than an aggregate of 12 months per degree level

7. Scenarios

8. Classic Scenario Student gets ill
Student sees doctor / psychologist / osteopath
Student obtains letter explaining condition and recommending that the student take a reduced course load or no courses
DSO authorizes an RCL for the term
Student recovers
Student resumes full course of study in next term

9. Complicating Factors Ambiguous or missing documentation
Control of documentation
Students who need, but don’t request, a medical RCL
Emergencies
Chronic conditions
Retroactive medical issues that surface later
Allowable benefits while on a medical RCL

10. Ambiguous or Missing Documentation
Student provides medical documentation, but documentation lacks a specific recommendation from medical provider
Student provides medical documentation, but medical provider refuses to recommend whether student should take an RCL or not
Student provides medical documentation that recommends a reduced course load, but lacks details about condition, length of reduced course load, or whether partial or complete withdrawal is warranted.

11. Documentation Control and Access
Medical records maintained by university’s health or counseling center, but no release provided to DSO
Outside staff express provide concerns about releasing information under HIPAA

12. Emergencies
Student has obvious medical emergency (e.g., car crash, heart attack) and cannot provide medical documentation ”on the spot”
Student disappears from classes; it is discovered later that the student was hospitalized due to serious exigent medical reasons
Title IX sexual violence issues

13. Students Who Need but Don’t Request a Medical RCL
Student is seemingly suffering from significant illness or condition affecting academic attendance / participation, but refuses to seek medical assistance or obtain appropriate documentation

14. Chronic Conditions
Student has chronic condition or disability and is nearing 12- month maximum allowed for the student’s current degree level

15. Retroactive Medical RCLs
Student requests retroactive withdrawal at a later date, after the term is over / completed
Student provides documentation of a significant medical event (e.g., hospitalization, suicide attempt, serious but temporary illness) but is unable to obtain letter of recommendation from medical provider

16. Immigration Benefits While on Medical RCL
Student wants to continue working on-campus (or obtain off- campus employment authorization) while taking reduced course load (or no course load)
Student seeks to return home for a short trip during medical RCL term and wants travel endorsement

17. Summary Communicate rules and regulations clearly to students
Create institutional policies and practices to accommodate various complex scenarios
Work with campus partners to clarify policies and procedures for sharing information under FERPA and HIPAA while complying with DSO reporting obligations

18. Thank You