Ohio Admin. Code 3364-30-03 - Student conduct amnesty

(A) Policy statement

The university of Toledo ("UT") ("university") strives to maintain a balance between student support and accountability. UT The university believes in addressing student health and safety concerns directly, and confronting dangerous behaviors, but also encouraging students to seek help in situations where their own, or another student's health is endangered. As such, a student who seeks medical attention assistance on behalf of themselves or another individual experiencing an alcohol and/or drug related incident, will may not be subject to conduct action for the alcohol and/or drug use under the student code of conduct if the office of student conduct and community standards ("OSC&CS") becomes aware of the alcohol and/or drug use solely because the individual(s) sought medical attention. Students who participate in student conduct investigations may also be eligible for student conduct amnesty at the discretion of the director of student conduct and community standards (or designee).

Student(s) involved in reported incidents of sexual misconduct may also receive student conduct amnesty for the alcohol and/or drug violation(s) only. Student conduct amnesty is only granted to individual students, not student groups and/or student organizations.

(B) Purpose of policy

UT The university is committed to promoting a safe and healthy environment for all students, and wants students to feel confident they can make the right decision if there is an alcohol or drug related incident.

(C) Procedure

UT University students who are granted student conduct amnesty may be required to meet with a staff member from the OSC&CS. During this meeting, the OSC&CS staff member will discuss the situation with the student, and provide them with appropriate resources. After the meeting, the OSC&CS staff member will have the student complete an alcohol and drug assessment which may result in a referral to the university counseling center. appropriate educational actions. Failure to attend this meeting, or follow through with the recommendation(s) assigned educational actions from the OSC&CS staff member will result in the student losing the opportunity for student conduct amnesty, and the incident being will be processed as a normal student conduct case.

Even though student conduct action may be waived due to the student receiving student conduct amnesty, the OSC&CS will notify the appropriate parent/guardian/emergency room contact of any student(s) under the age of twenty-one who receives student conduct amnesty.

Although a record of the incident will be kept on file, and used as prior conduct history should subsequent student conduct matters occur, it will not go on the student's educational record, and the file will be maintained in accordance with student conduct records per rule 3364-30-04 of the Administrative Code (the student code of conduct).

The associate dean of students and director of student conduct and community standards (or designee) will make decisions whether to grant student conduct amnesty. The availability of student conduct amnesty for students with repetitive or severe violations will be determined on a case by case basis.

(1) Student conduct amnesty may be granted to UT University students who initiate and seek assistance and/or treatment on behalf of themselves, or another individual. Student conduct amnesty for alcohol and/or drug violation(s) may also be granted to student(s) involved in reported incidents of sexual misconduct.

(2) If a representative from a student group/student organization calls for medical assistance, the student group/student organization will not receive student conduct amnesty. However, this act of responsibility responsible intervention will be considered when sanctioning for policy violations.

(3) This policy is only applicable to the UT university of Toledo student code of conduct, and does not preclude law enforcement agencies from enforcing the law.

(4) The student conduct amnesty policy applies to emergencies related to alcohol and drug use, and is not applicable to other prohibited behavior(s). Other prohibited behavior(s) will be handled using the appropriate UT University policy.

Notes

Ohio Admin. Code 3364-30-03

Effective: 5/10/2021
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364
Prior Effective Dates: 11/02/2018, 09/30/2019