Reminder: Change In Military Withdrawal Policy

The Office of Military and Veteran Services would like to provide an important reminder about a recent change in the military withdrawal policy, Public Law 117-328, Title 38 of the U.S. Code section 3691A(b) and section 3691(c). The military “withdrawal or leave of absence” policy provides colleges with the following guidance:

Specifically, 38 U.S.C. §3691A(a)(2)(B) provides that an educational institution may not take the following actions when a member receives orders for a period of service:

• Assigning the member a failing grade,
• Reducing the member’s grade point average,
• Characterizing any member’s absence(s) as unexcused, or
• Assessing a financial penalty on a member because of a withdrawal or leave of absence due to receiving orders for service.

Additionally, 38 U.S.C. §3691A(b) provides that an educational institution must take the following actions when a member withdraws due to receiving orders for a period of service:

• Refunding all tuition and fees paid for the academic term to the appropriate party.
• Refunding payments made by the student (or on behalf of the student) to the institution for housing. Please note that in this instance the reference to housing is not the monthly housing allowance provided by the Post 9/11 GI Bill but rather housing costs such as dorm fees.

Finally, 38 U.S.C. §3691A(c) provides that an educational institution must take the following actions when a member takes a leave of absence from a course(s) due to receiving orders for a period of service:

• Assigning a grade of incomplete (or equivalent) for the course(s) during the term, and
• Providing the opportunity to complete the term after the period of service.

These changes aim to protect students who are members of the military from academic and financial penalties when they receive orders for a period of service.

If faculty, staff or U.S. active-duty military students have any questions about this policy, they should contact NOVA’s Office of Military and Veteran Services for immediate guidance at militaryservices@nvcc.edu or 703-293-8133.

Submitted by:
Dr. La Toya Sivells, Assistant Director Military and Veteran Services, LSivells@nvcc.edu