Amnesty

2.6 | Amnesty

2.6.A | Amnesty relating to sexual harassment, sexual assault, dating violence, and stalking. West Texas A&M University will "not take any disciplinary action against a student enrolled at the institution who in good faith reports to the institution being the victim of, or a witness to, an incident of sexual harassment, sexual assault, dating violence, or stalking, for a violation of the student of the institution's rules of conduct occurring at, or near, the time of the incident, regardless of the location at which the incident occurred or the outcome of the institution's disciplinary process regarding the incident, if any." This amnesty does not apply in situations where:

1. A student "reports the student's own commission or assistance in the commission of sexual harassment, sexual assault, dating violence, or stalking"; or
2. A student's behavior occurring near or at the time of the incident could result in a suspension or expulsion from the University. For the purposes of this rule, suspension or expulsion may be possible outcomes when the student's behavior:
   1. Threatens or endangers the physical or mental health and/or safety of other individuals;
   2. Causes significant property damage or loss;
   3. Causes significant burden on the University and/or community members to repair the harm caused by the behavior;
   4. Would cause a reasonable person similarly situated to fear for their safety or suffer substantial emotional distress;
   5. Causes significant disruption that limits others' ability to access the academic, co-curricular, or work environment; or
   6. Has demonstrated a pattern of failure to comply with university behavioral expectaions.
3. Staff in the Office of Community Standards "may investigate to determine whether a student report of an incident of sexual harassment, sexual assault, dating violence, or stalking was made in good faith" (Texas Education Code Sec. 51.284(b)). A determination by the VP of Student Affairs or designee responsible for oversight of the student conduct processes that a student is entitled to amnesty is final and may not be revoked. All questions of implementation of this amnesty rule are subject to the decision of the Vice President for Student Affairs or designee responsible for oversight of the Student Conduct processes.

2.6.B | Amnesty Pertaining to Alcohol and Other Drugs: A student who calls 9-1-1 or takes an individual to receive emergency treatment for possible alcohol and/or drug overdose will not be charged under this code for possession or use of alcohol or other drugs. This amnesty only applies if:

1. This student stays with the individual needing treatment until emergency services arrive;
2. The student takes reasonable measures to assist the individual needing treatment; and
3. The student is cooperative with emergency services and university processes.