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What is amnesty?
Student health and safety are of primary concern at the University of Delaware. As such, when behavior that presents serious and immediate harm or threat of harm to an individual or the larger University community occurs, individuals are encouraged to seek assistance for themselves or others. Amnesty may apply in instances of consumption of alcohol or other drugs, if a student reports being a victim of sexual misconduct while under the influence of alcohol or drugs or if person reports an incident that violates the University’s Hazing Policy.
If help is needed, should I call the RA or 911?
Help can be called by either calling 911 or the RA on duty. Regardless of whom you contact, you should stay with the person who needs help until additional help arrives. You should also follow any instructions you receive from Residence Life staff, UDPD or the EMTs .
How do I get Amnesty?
First, you would complete an application. The application asks only for some general information about the incident, who was involved and what happened. After you submit your application, you will be scheduled for a meeting with a member of the Office of Student Conduct.
The application should be completed as soon as possible, and is typically done within a day or so after help is received. During the actual incident, don’t worry about the application – focus on calling for help and assisting those who respond (the RA, police, EMTs).
What happens after I submit my Amnesty application?
You will get an email from the Office of Student Conduct with a scheduled meeting date. You will attend the meeting and discuss the incident that occurred. You will work with a member of the Office of Student Conduct to create an educational intervention plan that meets your needs.
Many times a student will attend BASICS as part of the educational intervention plan. More information can be found here.
What if I forget to fill out the Amnesty application?
If you forget to fill out the application, you will have the opportunity to complete this during your meeting with the Office of Student Conduct or be rescheduled for a later date to give you time to do so.
If I am a Good Samaritan but have also been consuming alcohol or using drugs, can I also apply for Amnesty?
Absolutely! Good Samaritans also qualify for amnesty. The Office of Student Conduct wants to recognize the good decision made by anyone to call for help.
Can I receive Amnesty more than once?
Yes, there is no limit to the number of times a student can receive Amnesty. The Office of Student Conduct does recognize that a student who receives Amnesty multiple times may require resources and services to help the individual learn and heal outside of what the University can offer.
Will my parents find out?
Any student who receives Amnesty and is financially dependent on a parent or guardian will have a letter sent home. This letter includes information regarding the amnesty protocol, including the educational actions involved. The letter is a way to provide support for the student to ensure their academic success. Students are encouraged to share information regarding the incident with their parents or guardians before this letter is sent.
Will I have a permanent conduct record with the University?
If a student receives Amnesty they will not have a disciplinary record with the Office of Student Conduct. Documentation regarding the incident will be maintained by OSC to aid in future discussion if necessary.
Information regarding the incident which resulted in Amnesty will be provided to health and wellness staff, only to provide context for educational sanctions assigned to the student. Information will not be shared with anyone else, inside or outside the University.
Is there a cost involved with Amnesty?
Students who receive Amnesty will not receive a fee through the Office of Student Conduct. Any costs incurred outside the University (i.e. ambulance, hospital) would be the responsibility of the student.
If a student goes to the hospital how do they get home?
Staff at the hospital (the primary hospital is Christiana Hospital, which is about a 15-minute drive from campus) can call UDPD and a Public Safety officer will be dispatched to pick up the student and return them to campus.
Is there Amnesty off campus?
Yes, the Newark Police Department has a drug and alcohol Amnesty policy. Always call for help in an emergency.
How does Amnesty work for clubs, organizations or Greek chapters?
All student organizations on campus are eligible for Amnesty. More information can be found in the Amnesty Protocol here.
What about Amnesty and sexual assault?
Amnesty is granted if a student reports being a victim of sexual misconduct while under the influence of alcohol or drugs. For more information about victims’ rights in sexual misconduct cases, please see the Sexual Misconduct Policy (section VI). Counseling and support for victims is also available from SOS (Sexual Offense Support).
When might Amnesty not be granted?
If a University official, in the context of completing their job responsibilities, finds you and then calls for assistance, Amnesty will not be granted. Examples of a University official completing their job responsibilities include: an RA doing rounds, a UDPD officer patrolling campus or a custodian entering a bathroom to clean it.
Also, Amnesty can be rescinded if you do not complete all educational interventions initially assigned when you meet with a member of the Office of Student Conduct staff. In such a situation, the status of charges will be noted as “responsible,” additional sanctions will be added and the case will become reportable, based on the Retention and Release of Disciplinary Records Policy.