(A)
Policy statement
and purpose
Student health and safety and the
removal of barriers that might prevent the reporting of conduct that endangers
persons or property are substantial university interests. The university's
interest in promoting student health and safety is furthered by encouraging
students to seek and obtain prompt medical assistance if a person is in
distress from the abuse of alcohol or other substances.
(B)
Policy
(1)
This policy
applies only to disciplinary actions under the code of student
conduct.
(2)
At the university's discretion, amnesty may be extended
on a case-by-case basis for minor violations of the code of student conduct
(e.g., possession or use of alcohol or drugs) to any student who, in good
faith, seeks or obtains medical assistance (e.g., by calling 9-1-1) for another
person or themselves.
(3)
At the university's discretion, amnesty may be extended
on a case-by-case basis to any student who, in good faith, reports conduct by
others that endangers persons or property as well as to students who
participate in the conduct process related to such misconduct. The university
may follow up with students related to those issues as appropriate in a
non-disciplinary manner.
(4)
This policy does not prevent the university from
notifying students' parents/legal guardians about the incident per rule
3341-2-25
of the Administrative Code. The university may also impose conditions on
amnesty, such as by requiring students to complete one or more educational
interventions that include but are not limited to educational classes or
assignments and community service hours.
(5)
This policy does
not preclude any disciplinary actions regarding major university violations
such as endangering, threatening, or attempting to cause physical harm to
another individual; sexual misconduct; relationship violence; damage to
property; theft; and hazing.
(C)
Recognized
student organizations and student groups
If a representative of a recognized
student organization or student group seeks medical assistance for another due
to the overconsumption of alcohol or a drug overdose, that act will be
considered as a mitigating factor in determining a sanction if the recognized
student organization or student group is found in violation of the code of
student conduct in connection with the occurrence.
(D)
Failure to comply
with amnesty conditions
A student, who fails to successfully
satisfy all the conditions of amnesty, including any required educational
interventions, may be referred for adjudication through the code of student
conduct for the original incident.
(E)
Appeal
A student who has been denied amnesty
afforded by this policy may submit a written appeal regarding that decision to
the dean of students or designee within five business days of the decision. The
dean's decision shall be final.
Equity impact statement: the policy has
been assessed for adverse differential impact on members of one or more
protected groups.
Notes
Ohio Admin. Code
3341-2-43
Replaces: 3341-2-43
Effective:
9/2/2022
Promulgated Under:
111.15
Statutory Authority: 3345
Rule Amplifies:
3345
Prior effective dates: 9/12/2018,
10/17/2021