Bystander Intervention Amnesty Policy

Steward
Vice President of Academic and Student Affairs
Category
Student policies
Effective date
February 15, 2017
Last content update
February 15, 2017

Purpose

The purpose of this policy is to maintain a campus environment that promotes healthy, responsible living; affirms civility; supports the well-being of each member of the campus community, and is compliant with state and federal laws and college policies regulating behavior. Respect for college/campus/community standards and regulations is expected.

Policy

The College expects all community members to take reasonable and prudent action to prevent or stop harassment, discriminations, and the violation of College policy and Student Conduct Code.

Taking action may include direct intervention, a call to campus security (Fergus Falls and Moorhead campuses have security services), or a report to a person in authority. The College also recognizes that fear of disciplinary repercussion may deter reporting or requests for help. The College has developed this policy to alleviate such concerns and encourage members of the College to respond to a potential act of sexual, emotional, or physical violence with or without the use of alcohol and/or drugs by any of the parties.
Students will be eligible for bystander amnesty when a student not acting in a staff capacity seeks professional assistance for another student(s) seeks professional assistance for another student(s) believed to be in danger or risk of significant harm if not assisted by emergency personnel.

Students will be eligible for bystander intervention amnesty when a student not acting in a staff capacity, but rather as a “Good Samaritan” seeks professional assistance for another student(s) believed to be in danger or risk of significant harm if not assisted by emergency personnel.

Eligibility for bystander intervention amnesty when acting as a “Good Samaritan” will be limited to:

1) The student(s) in need of assistance/intervention, and

2) The student who first contacts emergency services (dialed 911) or first contacts security services (Fergus Falls and Moorhead campuses have security services) for assistance.

Assessing emergency assistance will be a mitigating factor in the student disciplinary process as noted below:

The student who placed the call for assistance may be required to complete educational programs and/or counseling related to sexual violence intervention. Disciplinary probation or suspension will be ‘deferred’ on the condition the student completes the educational sanctions as defined by the authorizing authority.

Bystander amnesty is specific to campus disciplinary action related to the Student Conduct Code.
Students granted bystander amnesty will not be immune from discipline for other concurrently occurring violations of the Student Conduct Code, such as but not limited to sexual violence, physical violence, hazing, vandalism, and weapons.

If local law enforcement assistance is required, the college cannot guarantee immunity for students from citation, arrest or criminal prosecution.

References

Minnesota State Statutes

Associated Policies and Procedures

Minnesota State Community and Technical College Student Conduct Code

Minnesota State system Board Procedure 1C.0.1 Employee Code of Conduct

Minnesota State system Board Policy 3.6 Student Conduct

Minnesota State system Board Policy 5.18 Alcoholic Beverages or Controlled Substances on Campus
 

Policy author
Shawn Anderson