Amnesty Clause

8.110.5. Responsible Action Policy.

The welfare of our students is of the highest importance to Truman State University. There will be times when individual students, both on and off campus, may have knowledge of a situation that may present a significant threat to the health and welfare of themselves or others. Truman wants to eliminate any hesitation that students or student organizations might have in obtaining help due to concern that their own behavior might be a violation of University policy.

The University will take into consideration the positive impact of reporting an incident on the welfare of students when determining the appropriate response for policy violations
by the reporter of the incident. Any possible negative consequence for the reporter of the problem will be evaluated against the positive consequences of the intervention for the
student in need. Responsible citizens recognize and accept the duty to make ethical and moral decisions about the health and safety of themselves or others even when to do so might result in personal inconvenience. At a minimum, Truman hopes that a student or student organization would make an anonymous report that would put the student in need in touch with professional helpers. If charged and found responsible for a violation of the Code, sanctions imposed, if any, will be less severe when students or student organizations appropriately report dangerous circumstances than if students or student
organizations fail to report.

8.110.5.1 Alcohol and other Drug Amnesty

If a person needs emergency medical attention, particularly resulting from the use of alcohol or other drugs, it is critical that students take responsible action by calling an ambulance or other appropriate emergency response personnel (ambulance, police, fire, etc.) to gain that assistance. Responsible action includes:

a. CALL for help. In medical emergencies, immediate action should be taken by calling 9-1-1 either off campus or on campus.

b. STAY with the person until help arrives and you have been told your assistance is no longer needed.

c. COOPERATE with responding staff or emergency personnel, including all requests for information and assistance.

Students/student organizations who take such responsible action by seeking emergency medical attention, or for whom such action is taken, will not be subject to the Student Conduct process for charges related to alcohol or drug use, nor will the
incident become part of the student’s conduct record. However, all students [including the student(s) needing assistance and reporter(s)] may be required to complete educational measures and pay any costs associated with those measures. Students and
student organizations who do not take responsible action will be subject to the full extent of the Conduct Code.

Students requiring medical assistance, and student organizations hosting events where medical attention is sought will be limited to one application of medical amnesty.

Individuals who engage in responsible action (call, stay, cooperate) will not be limited in the number of applications of medical amnesty where they serve as the person calling for help.
The application of medical amnesty does not preclude the university from pursuing charges against a student or student organization for allegations of code violations other than drug or alcohol policies. Possession with intent to deliver is not covered
under medical amnesty.

Additional information and illustrative examples are available on the OCCS website.

8.110.5.2 Amnesty for Victims of Violent Crimes

The University provides amnesty to students who have experienced violent crimes and who may be hesitant to file a complaint because they fear that they themselves may be accused of minor policy violations, such as underage drinking, at the time of the incident.

Educational options may be explored, but no conduct proceedings against the complainant or conduct record will result.