Amnesty Provision

Overview 

The health and safety of every student within the Duke University community is of the utmost importance. The University recognizes that students who have been endangered by alcohol intoxication, drug use (whether voluntary or involuntary), hazing, or other health risks may be hesitant to seek help or report incidents due to fear of potential consequences for their conduct.  

To encourage reporting dangerous behaviors and seeking timely medical assistance, the University has established this Amnesty Provision. This Provision is designed to encourage students and student organizations to prioritize safety and seek help in a timely manner without fear of disciplinary action under the Alcohol, Drug, and Hazing university policies. 

Students are strongly encouraged to call 911 or Duke University Police (919-684-2444) if they or someone else is experiencing a health or safety emergency. The University’s top priority is to ensure that students receive the medical attention they need without fear of disciplinary consequences for seeking help.

The Amnesty Provision does not mean students or student organizations get a “free pass” or avoid accountability. Instead, this policy provides an opportunity to address issues through an educational process that focuses on growth, safety, and responsibility. Through this process, students and student organizations work in partnership with the university to explore the underlying causes of the concerning behavior, reflect on its impact, and develop skills or strategies that support their well-being as members of the university community. 

Policy

The Amnesty Provision applies to:

• Any student whose health or safety is at risk and who, in good faith, seeks medical assistance for themselves.
• Any student, or student organization, who in good faith, seeks medical assistance from university personnel, local law enforcement, or first responders for another individual whose health or safety is at risk;
• Any student or student organization that swiftly takes action to stop behaviors related to hazing.

In any alleged hazing-related circumstance, amnesty may be considered when students or student organizations:

• Ensure immediate care for any student(s) in need;
• Self-reports the incident to the Office of Student Conduct & Community Standards (OSCCS) via Student Affairs Referral Form;
• Provide complete and truthful information throughout any and all university investigation and adjudication processes 

This Amnesty Provision does not:

• Excuse or protect students or student organizations who repeatedly or deliberately violate University policy;
• Exempt a student or student organization from any criminal or other legal consequences associated with the use of alcohol and/or drugs or any hazing allegation(s), investigation(s), or finding(s); or,
• Preclude the University from addressing additional policy violations discovered during an investigation (e.g., vandalism, physical violence, assault, harassment, etc.)

Outcomes

No formal disciplinary action or outcome(s) will be imposed solely for violations related to the Alcohol, Drug, and Hazing policies by the reporting Duke student(s) who sought medical assistance for themselves or for the Duke student(s) and/or a Duke student organization that sought medical assistance for another student in good faith. However, students for whom the Amnesty Provision is enacted may be required to:

1.  Attend an approved alcohol or drug education program through the University;
2. Complete an educational assignment, assessment, and/or possible referral for treatment.

The University reserves the right to require parental notification in the event of an amnesty-related, EMS transport of a student under the age of 21. Parents or legal guardians will be notified for both amnesty-related EMS assessment and transport involving a student under the age of 18.

If a student or student organization fails to meet with a university staff member regarding the Amnesty provision meeting or chooses not to participate in the required educational expectations under the Amnesty provision policy, that student or student organization may be subject to formal disciplinary action for failure to comply and/or subsequent policy violation(s).

Any student or student organization granted amnesty under this policy will not receive a reportable disciplinary record or a notation on their academic transcript related to the aforementioned policies.