Article V – Amnesty Policy

A. The University

Buena Vista University is a community of learning characterized by mutual responsibility and the active concern of each for the good of all, in common pursuit of wisdom.  This responsibility includes regard for the safety, security and health of others. It also includes respect and care for what we share in common and hold in trust for the educational mission of the University: tangible goods like the physical facilities of the University; intangible goods like traditions of mutual respect and civil behavior.

Buena Vista University students are encouraged to speak freely, to assemble peacefully and to petition. They may expect freedom from personal force and violence, threats of violence and personal abuse.  As members of an academic community, students should conduct themselves within limits established by Buena Vista University for maintaining a learning environment.

At BVU, the student’s academic and social freedoms are largely unrestricted — until the choices made begin to interfere with the freedom and rights of other members of the campus community. However, responsibility does not simply end where the regulations begin. It is also the student’s responsibility, as a member of the University community, to work to improve the conditions for learning and living on the campus.

A function of Buena Vista University is to facilitate the learning and development of persons within the University community. This purpose carries with it the responsibility to regulate conduct and behavior so that the achievement of educational and other goals is not impeded, obstructed or threatened. Ultimately, university authority in matters of student conduct resides with the president of the University and the person(s) to whom immediate authority and responsibility has been delegated, namely, the Vice President for Student Affairs and his/her staff.  Student conduct, which evidences good intentions, mature considerations for reasonable and foreseeable consequences, and respect for others will support the standards of the University community.

If a student is involved in misconduct, the University may impose sanctions.  In general, the University is concerned with violations of campus rules and policies. However, civil or criminal infractions may be of such a nature or severity that there is a legitimate reason for concern for the safety, property, well-being and reputation of the University or the safety, property and well-being of members of the University community.

Student organizations and groups are expected to adhere to all applicable institutional regulations. Officers of organizations are responsible for assuring compliance and, if appropriate, for representation when disciplinary proceedings are initiated.

B.  Respect for the Dignity of the Person

At BVU we strive to create an environment where respect and dignity of each person is recognized as a core value.  It is particularly necessary that this respect encompasses diversity and differences of opinion. Offenses against persons because of their race, religion, ethnicity, ability, gender, gender identity or sexual orientation are especially intolerable in view of the University’s commitment to respect for the person. The regulations and prohibitions in this Student Code of Conduct protect the dignity of the whole person.

C.  Personal Integrity

The education offered by Buena Vista University is an education that instills in its students the virtues of humility, civility, integrity and respect. Especially appropriate in a University community are virtues for truthfulness, honesty and personal honor.  Misrepresentation of any kind, whether inside or outside of the classroom, is a violation of truth. Buena Vista University believes that students must accept their responsibility as citizens to obey local, state and Federal laws.  For the sake of their own self-respect and well-being, it is incumbent on all students to exercise temperance in the consumption of alcohol.  Only students who are twenty-one (21) years of age or older are permitted to possess or consume alcohol. Students will not be excused from responsibility for actions committed under the influence of alcohol or drugs. The regulations and prohibitions that follow ensure the personal integrity expected of every student of Buena Vista University.

D.  Amnesty Policy

For Victims
Buena Vista University provides amnesty to victims who may be hesitant to report to University officials because they fear that they themselves may be accused of minor policy violations, such as underage drinking, at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result.

Immunity for Victims of Sexual Misconduct
The BVU community encourages the reporting of Community Standards violations, especially sexual misconduct. Sometimes, victims are hesitant to report to University officials because they fear that they themselves may be charged with policy violations, such as underage drinking, at the time of the incident. It is in the best interest of this community that as many victims as possible choose to report to University officials. To encourage reporting, BVU pursues a policy of offering victims of sexual misconduct immunity from minor policy violations related to the sexual misconduct incident. Immunity means that the reporting student’s conduct related to the sexual misconduct incident will not be subject to conduct action by the University but may be addressed by the University through education, assessment, and/or treatment.

For Those Who Offer Assistance
To encourage students to offer help and assistance to others, the University pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Dean or designee, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result.

Good Samaritan/Medical Amnesty
The welfare of students in our community is of paramount importance.  At times, students on-and-off campus may need assistance. BVU expects students to offer help and assistance to others in need.  Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, students who have been drinking underage might hesitate to call for help for a friend who drank too much). BVU pursues a policy of limited immunity for students who seek help for themselves and/or offer help to others in need. This means that whenever a student seeks medical aid for him/herself or another due to the influence of alcohol and/or drugs, he/she will not be subject to conduct action by the University. Instead, the impaired student’s and the assisting student(s)’ conduct will be addressed by the University through education, assessment, and/or treatment. No conduct procedures or outcomes will result. This policy refers to isolated incidents only and does not excuse or protect those who flagrantly or repeatedly violate the Alcohol and Other Drug Policy. Students who choose not to seek help for themselves and/or assist a fellow community member when in need of assistance may face conduct action by the University.

For Those Who Report Serious Violations
Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the University are offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings or record will result.  Abuse of amnesty requests can result in a decision by the Dean or designee not to extend amnesty to the same person repeatedly.

Safe Harbor
The University has a Safe Harbor rule for students. BVU believes that students who have a drug and/or addiction problem deserve help. If any college student brings their own use, addiction, or dependency to the attention of college officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.