3.2.2 - GOOD SAMARITAN AMNESTY POLICY

Xavier University is committed to promoting the health, well-being and safety of all members of our community. At times, students may need emergency assistance from University officials. In accordance with our Jesuit values, Xavier University encourages students to offer help and assistance to others in need. Xavier University recognizes that at times students may be hesitant to call for assistance, for fear of negative consequences related to their own behavior or the behavior of the student in need of assistance. For example, an underage student who has consumed alcohol might hesitate to request medical attention for an intoxicated student or a victim of sexual assault may hesitate to report the incident to Xavier if they were intoxicated at the time of the Title IX Sexual Harassment or Interpersonal Violence.

Xavier's Good Samaritan Amnesty Policy is designed to encourage a student to seek emergency assistance for oneself or a fellow student regardless of the events occurring at the time the emergency occurred. . The Good Samaritan Amnesty Policy encourages a bystander or an impaired student to call for immediate assistance by eliminating the restrictive sanctions typically applied under Xavier's Alcohol and Other Drug Policy. Students who qualify for Amnesty include those seeking assistance for themselves or another individual. Qualifying students will receive educational interventions rather than restrictive conduct sanctions, such as probationary statuses. To qualify for Amnesty, students must do the following:

1. Proactively seek prompt assistance from Xavier officials or law enforcement personnel;
2. Stay with the person needing assistance until help arrives to provide officials with as much information as possible;
3. Cooperate with all directives of the University officials or law enforcement personnel responding to the incident;
4. Meet with a Residence Life staff member and/or the Dean of Students or designee to discuss the situation and comply with all assigned educational interventions.

The Xavier University Good Samaritan Amnesty Policy is not intended to shield or protect those students who repeatedly violate the Code of Student Conduct. In cases where repeated violations of the Xavier University Code of Student Conduct occur, the University reserves the right to take student conduct action on a case by case basis regardless of the manner in which the incident was reported.

Amnesty consideration will be provided in cases of suspected extreme intoxication, medical evaluation or other life-threatening circumstances due to alcohol and will not extend to related infractions such as assault or property damage. Xavier's Good Samaritan Amnesty Policy applies only in situations in which students initiate the request for assistance and will generally not be applied in situations in which university officials (including student staff) initiate the response.

The Dean of Students or designee reserves the right to offer amnesty to Reporting Parties and witnesses if the circumstances indicate the Reporting Party and/or witnesses may have engaged in conduct less severe than the allegations involving the Responding Party.

In cases involving allegations of Sex Discrimination, Xavier provides amnesty to students reporting having experienced Sex Discrimination and/or witnesses participating in a Sex Discrimination investigation and conduct process who may have engaged in more minor policy violations (e.g. underage alcohol consumption).