Amnesty

Amnesty logo

CALL – Contact 911 or a University official when you have a concern.

STAY – Remain with the person who needs help.

HELP – Cooperate with emergency personnel, including answering questions and following instructions.

Overview

Student health and safety are of primary concern at the University of Delaware. As such, in cases of behavior that presents serious and immediate harm or threat of harm to a individual or the larger University community, individuals are encouraged to seek assistance for themselves or others.

If active assistance is sought due to a serious and immediate risk of harm, the Office of Student Conduct will not pursue conduct charges against a student or student organization for violations of the Code of Conduct resulting from the behavior.

Active assistance requires an individual to contact 911 or a University official (such as University of Delaware Police or Residence Life and Housing staff). Once an active call for help has been made, that individual must remain with and monitor the student’s condition until assistance arrives, and cooperate fully during the medical and investigative process. Amnesty will not be granted to the caller if they do not stay with the student for whom help was needed or if the caller does not cooperate fully during the medical and investigative process.

When Amnesty is granted, completion of educational requirements (such as BASICS, seminar or reflective paper) will be assigned. In most cases involving individual students, notification will be sent to the student’s parents or legal guardian. For cases involving organizations/groups, notification will be sent to administrators supporting the organization, both internal and external.

The granting of Amnesty does not preclude disciplinary sanctions due to any other violations of the Code of Conduct not related to the behavior that presented the serious and immediate harm or threat of harm. In addition, Amnesty does not extend to the sale, distribution, or manufacturing of alcohol or drugs. All incidents are examined on an individual basis to determine if Amnesty is applicable, as well as the most appropriate educational interventions.

While there is no limit to the number of cases for which a student or organization/group can receive Medical Amnesty, serious or repeated incidents will prompt a higher degree of concern and response. Failure to complete educational interventions issued under this protocol will result in the application of student conduct charges.

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Alcohol and Drugs

When a student exhibits signs of alcohol poisoning or other concern resulting from ingesting alcohol or other drugs, contacting 911 or a University official (such as University Police or Residence Life and Housing staff member) is encouraged. Once an active call for help has been made, the individual who made the call must remain with and monitor the student’s condition until assistance arrives, and cooperate fully during the medical and investigative process.

Amnesty will not be granted where there was no active call for medical assistance. Students who are confronted by University officials (such as University of Delaware Police or Residence Life and Housing staff) will not be eligible for Amnesty and will be referred to the Office of Student Conduct for conduct charges.

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Sexual Misconduct

Amnesty will be granted to students who may have violated the Alcohol Policy or Drug Policy at the time of an incident when they became a victim of sexual assault, sexual harassment or other forms of sexual misconduct. Therefore, a charge of violating the Alcohol Policy or Drug Policy will not be applied to a student who reports being under the influence of alcohol or other drugs at the time of an incident involving sexual assault, sexual harassment or other form of sexual misconduct. Please see more information in the Sexual Misconduct Policy.

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Hazing

The University of Delaware seeks to promote a safe, healthy and inclusive environment where students may participate in activities or organizations without endangering their health and safety. As an educational institution, the health and safety of our community members is paramount. Hazing is contrary to the mission upon which the University of Delaware is built. While individuals may be reluctant to report acts of hazing, the University encourages individuals to seek assistance utilizing this protocol for themselves or others.

When any student acts in good faith to report an activity that violates the University’s hazing policy and actively seeks assistance for themselves or another student, the Office of Student Conduct will not pursue conduct charges against that student for violations of the Hazing Policy. This may also apply to student organizations if they meet all other criteria for organizational hazing amnesty.

A student utilizing this protocol during or immediately after an act of hazing has occurred must provide active assistance for a student in need, report the hazing incident to the Office of Student Conduct immediately and provide complete and truthful information about the situation.

Active Assistance

Active assistance requires the reporter to contact 911 or a University official (such as University of Delaware Police or Residence Life and Housing staff) while the hazing situation is occurring. In addition to providing complete and truthful information to the Office of Student Conduct or other University officials, the student must cooperate fully during the medical, investigative, and student conduct process.

Ineligibility

The organization/group involved in the hazing incident will not be eligible for Hazing Amnesty under this protocol if active assistance does not occur or if the organization/group (or any members) does not cooperate with the medical, investigation and/or conduct process. Hazing Amnesty will also not be granted if medical attention is required for any students involved in the incident.

Additional Policy Violations and Criminal Charges

The Hazing Amnesty Policy does not preclude conduct charges due to any other violations of the Code of Conduct (not related to the Hazing Policies). Students and/or organizations may also be eligible for Amnesty for other behaviors which violate the Code of Conduct (such as Alcohol or Drugs.)

Hazing is prohibited under Delaware state law. This protocol does not apply to any criminal or civil action that may be taken by law enforcement, including the University of Delaware Police Department, or the Delaware Department of Justice.

Educational Interventions

All incidents are examined on an individual basis and the circumstances surrounding the reason to call for medical attention will be considered when determining the most appropriate educational interventions.

When interventions are determined for an organization/group, Office of Student Conduct staff will consider the nature of the incident, impact on the campus community and sanctioning guidelines. They may also consult with a University staff member who has oversight for the organization or a representative from the organization’s national office (if applicable). Notification will be sent to the appropriate authorities in or outside the University. Failure to complete educational interventions issued in conjunction with Hazing Amnesty will result in the application of student conduct charges.

Any member of organizational leadership who wishes to report previously unreported hazing incident(s) in an effort to seek help from University officials and to actively change or remedy the organization’s culture may do so. In such instances, Hazing Amnesty may be considered.

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Good Samaritan

Those students who contact a University official and provide active assistance for another student will not receive conduct charges related to the behavior associated with the granting of Amnesty. For example, if a student who has been consuming alcohol contacts a University official on behalf of another student who has also been consuming alcohol, Amnesty may be granted for both students. Conduct charges may be applied for behavior not related to the granting of Amnesty.

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How to Apply

After the immediate concerning behavior has been addressed and resolved (i.e. after the call for help has been made and active assistance has been provided), please follow these steps:

  1. Open the application.
  2. Once completed thoroughly and to the best of your knowledge, click the Submit button.
  3. When your application has been reviewed, you will receive an email with additional information, including an appointment to review the incident.

An application will not be accepted once the case intake process has concluded.

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