Adaptable Resolutions

Adaptable Resolutions

OSCCS, in conjunction with involved students, may choose to use an adaptable resolution and/or restorative process to resolve and respond to issues of student behavior that may or may not involve an alleged policy violation. If the resolution process is unsuccessful, the matter may be referred back to the formal conduct process. Records of an adaptable resolution will be kept internally and will not be considered part of a student’s reportable disciplinary record, unless otherwise specifically stated. An adaptable resolution may include one of the following:

Administrative Conference

An Administrative Conference is an educational and non-disciplinary meeting with a hearing officer to discuss a student's alleged behavior of concern. Although the administrative conference is not disciplinary, the Office of Student Conduct & Community Standards may utilize any details gathered during the meeting for future instances of similar concerns. During the Administrative Conference, the student will be informed about the provisions of the Duke Community Standard that could be violated if the alleged behavior continues. The hearing officer may also suggest helpful resources for the student and address any further concerns.

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.

Faculty-Student Resolution (FSR)

A Faculty-Student resolution is an one- time optional resolution process for minor cases of academic dishonesty involving undergraduates where student accepts responsibility for the allegation and agreed upon resolution with their course instructor.  

The faculty member must first contact the Office of Student Conduct and Community Standards to discuss the appropriateness of this option with respect to the nature of the offense, as well as to learn of any prior academic dishonesty violations by the student. If there is no record of prior offenses of academic dishonesty and the case appears to be one that, if adjudicated by a hearing panel, would result in disciplinary probation or an outcome less severe than disciplinary probation, (i.e. deemed appropriate), it may be resolved between the faculty/staff member and the student. Otherwise, the case must be forwarded to the Office of Student Conduct and Community Standards.

A student may not drop, change course grading to S/U or withdraw from the course once a report of alleged academic dishonesty has been submitted and/or resolved.

A faculty-student resolution may result in a reduced grade on the assignment, a reduced grade in the course, additional assignments, and/or other educational initiatives. The outcome must comply with university policies and be agreed upon in writing using the FSR form and signed by the involved student, and faculty/staff member. The faculty must ensure that any agreed upon terms for the resolution, whether discussed in person, discussed in email, or codified in writing via the FSR form, must comply with the Undergraduate Bulletin and applicable grading policies. 

The faculty member must report the outcome(s) of a faculty-student resolution to the Office of Student Conduct and Community Standards and OSCCS will notify the student's academic dean for record keeping. This resolution will not become part of the student’s reportable disciplinary record unless there is a second violation, at which time both cases will be noted on the student’s disciplinary record.

Mediation

Mediation is a process that empowers students to resolve their own disputes. Through mediation, a neutral third party assists students in coming to a peaceful and agreeable solution. The university encourages informal mediation whenever practical or appropriate. Students interested in mediation to resolve a conflict should contact the Office of Student Conduct and Community Standards. Staff within the Office of Student Conduct and Community Standards may also refer cases to mediation as appropriate. Ultimately, all parties involved must agree to mediation. If one party does not agree to mediation, or if the mediation fails, the Office of Student Conduct and Community Standards may refer a case for disciplinary resolution if it involves allegations of a university policy violation(s). Failure to comply with the results of mediation may be cause to commence the disciplinary process.

Resolution through Agreement

Restorative Practices

The Office of Student Conduct and Community Standards utilizes practices derived from Restorative Justice principles, which may not align with typical Restorative Justice procedures, to address instances of conflict that arise in the community. The purpose of a restorative process is to bring together all parties involved in an incident for the purpose of addressing the harms associated with the conflict. This affords the opportunity for discussion of varying points of view and an opportunity to gain a better understanding of those involved. This may include restorative conversations, circles, and/or other processes to address harm that has been caused.

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