Mitigating Circumstances: When to Apply Them and How to Document
Make consistent, defensible decisions about mitigating circumstances with clear criteria and comprehensive documentation
Mitigating circumstances can mean the difference between a student losing their VA benefits and getting a second chance to succeed. However, applying this provision inconsistently or without proper documentation can create compliance issues and fairness concerns. Understanding when circumstances truly qualify as "mitigating" and how to document them properly protects both students and your institution.
This guide provides a clear framework for evaluating mitigating circumstances, ensuring consistent application across all cases, and maintaining the documentation needed to support your decisions.
📋 VA Definition
Mitigating circumstances are situations beyond the student's control that directly prevented them from maintaining satisfactory progress or continuing enrollment. The key factors are: beyond control, temporary in nature, and directly impacting academic performance.
Qualifying Circumstances Defined
✓ Generally Accepted Mitigating Circumstances
1. Medical Emergencies
Serious illness, injury, or hospitalization of the student that prevented attendance or coursework completion.
Example: Student hospitalized for two weeks during midterms due to car accident
2. Family Death or Critical Illness
Death or critical illness of immediate family member requiring student's presence or causing significant emotional distress.
Example: Student's parent diagnosed with terminal cancer requiring student to assume caregiver role
3. Military Orders
Unexpected military activation, deployment, or training that conflicts with academic schedule.
Example: National Guard member called to active duty mid-semester for state emergency
4. Natural Disasters
Hurricanes, floods, fires, or other natural events that destroyed housing or prevented attendance.
Example: Student's home destroyed by wildfire, requiring relocation during finals
5. Documented Mental Health Crises
Severe mental health episodes requiring professional intervention and treatment.
Example: PTSD episode requiring inpatient treatment documented by mental health professional
❌ Generally NOT Accepted as Mitigating Circumstances
Poor Time Management
Working too many hours, overcommitting to activities, or general disorganization
Financial Difficulties
Inability to purchase books or transportation issues (unless part of larger emergency)
Minor Illnesses
Common colds, minor injuries that don't prevent coursework completion
Difficulty with Course Material
Course being harder than expected or not liking the instructor
Voluntary Life Changes
Choosing to move, change jobs, or take on new responsibilities
Documentation Requirements
The Three-Tier Documentation Standard
Tier 1: Essential Documentation (Required)
- ✓ Written statement from student explaining circumstances
- ✓ Official third-party documentation (doctor's note, death certificate, military orders, etc.)
- ✓ Dates showing when circumstance began and ended
- ✓ Explanation of how circumstances directly impacted academics
Tier 2: Supporting Documentation (Highly Recommended)
- ✓ Communication with instructors about the situation
- ✓ Evidence of attempts to continue coursework despite circumstances
- ✓ Documentation of resolution (return to health, completion of caregiving, etc.)
- ✓ Academic performance before and after the event
Tier 3: Additional Context (Optional but Helpful)
- ✓ Counselor or advisor notes
- ✓ References from instructors
- ✓ Documentation of support services accessed
- ✓ Timeline of events
Documentation Checklist by Circumstance Type
Medical/Mental Health
- ☐ Doctor's note on letterhead
- ☐ Dates of treatment/hospitalization
- ☐ Restrictions on activities
- ☐ Clearance to return to studies
- ☐ HIPAA release (if needed)
Family Emergency
- ☐ Death certificate or obituary
- ☐ Medical records (critical illness)
- ☐ Relationship documentation
- ☐ Travel records (if applicable)
- ☐ Timeline of events
Military Orders
- ☐ Copy of official orders
- ☐ Activation dates
- ☐ Return date (if available)
- ☐ Unit commander letter
- ☐ Service record notes
Natural Disaster
- ☐ Insurance claim documentation
- ☐ FEMA application/award
- ☐ Photos of damage
- ☐ Relocation documentation
- ☐ News reports (if applicable)
Decision Framework
The Four-Question Test
Apply these four questions consistently to every mitigating circumstance request:
Question 1: Was it beyond the student's control?
The circumstance must be something the student could not have reasonably prevented or anticipated.
✓ Yes: Unexpected medical diagnosis
✗ No: Failing to study for known exams
Question 2: Did it directly impact academic performance?
There must be a clear causal link between the circumstance and academic difficulties.
✓ Yes: Hospitalization during finals week
✗ No: Family event after semester ended
Question 3: Was it temporary in nature?
The circumstance should have a clear beginning and end, not be an ongoing condition.
✓ Yes: Acute illness with recovery period
✗ No: Chronic time management issues
Question 4: Is it properly documented?
Third-party verification from credible sources must support the claim.
✓ Yes: Doctor's note on official letterhead
✗ No: Student's verbal claim only
Decision Rule: All four questions must be answered "Yes" for circumstances to qualify as mitigating.
Communication Templates
Approval Letter Template
Dear [Student Name],
After careful review of your request and supporting documentation, we have determined that mitigating circumstances existed during [semester/term] that impacted your ability to maintain satisfactory academic progress.
Approved Circumstances: [Brief description]
Impact Period: [Start date] to [End date]
Action Taken: [Benefits continued/Reinstatement approved/etc.]
Conditions: [Any conditions for continued eligibility]
This decision has been documented in your file and reported to the VA as appropriate. If you have questions, please contact our office.
Denial Letter Template
Dear [Student Name],
After careful review of your request for mitigating circumstances consideration, we are unable to approve your request for the following reason(s):
☐ Insufficient documentation provided
☐ Circumstances do not meet criteria (within student control)
☐ No clear impact on academic performance demonstrated
☐ Circumstances not temporary in nature
☐ Other: [Specific explanation]
Appeal Rights: You have the right to appeal this decision by [deadline]. Appeal procedures are attached.
We remain committed to your success. Please contact [advisor name] to discuss alternative support options and academic planning.
Appeal Considerations
When Students Appeal Your Decision
Maintain Detailed Records
Document your reasoning using the four-question framework. Show which questions weren't satisfied and why.
Be Consistent
Apply the same standards to all students. Document any exceptions and the reasoning behind them.
Allow New Evidence
If students provide additional documentation during appeal, review it fairly with fresh eyes.
Involve a Committee
For appeals, consider having a small committee review to ensure objectivity and fairness.
Key Takeaways
- 1.Apply the four-question test consistently: beyond control, direct impact, temporary, documented
- 2.Require third-party verification—student statements alone aren't sufficient
- 3.Document your decision-making process to defend against appeals and audits
- 4.Communicate decisions clearly and provide appeal rights when denying requests