Student Amnesty Policy
Issued Aug. 1, 2023
Table of Contents
.020 Types of Amnesty
Kansas State University’s primary concern is the safety, health, and well-being of its students. The university encourages all members of the K-State community to care for themselves and others. Through this amnesty policy, the university empowers students to report alcohol and other drug-related emergencies, sexual harassment, discrimination and other harassment, physical assaults, threatening behavior, incidents of hazing, and similar behavioral concerns.
The purpose of this policy is to encourage students to report emergencies and other safety-related incidents by eliminating a potential barrier—concern of being punished for minor conduct infractions. This policy applies to the application of the university’s policies for students, including the Student Code of Conduct. At any point before or while reviewing conduct under a university policy, the university official responsible for the policy at issue may choose to apply this student amnesty policy. After consideration of the incident and surrounding circumstances, the university official will, in their full discretion, make the final determination as to the applicability of this policy and reserves the right to adjust, reduce, or forgo sanctions or dismiss alleged violations. In making this determination, the university official will consider the university’s goal of encouraging students to report safety concerns without fear of being disciplined for minor policy infractions. If the university official opts to forgo or dismiss sanctions, the incident will be documented, and the university may still assign informal educational interventions.
This student amnesty policy applies solely to the university’s student discipline processes and does not limit the authority of law enforcement personnel or university staff to act as required at the time of an alleged violation of university policies or state or local laws. Nothing in this policy shall be construed as preventing the university from taking risk mitigation measures or otherwise addressing a substantial disruption to the university’s operations. Further, nothing in this policy will limit the university from fulfilling its obligations to report incidents to appropriate university and law enforcement officials (i.e. Title IX and Clery).
Alcohol and Other Drug Related Emergencies
It is important for victims of alcohol- and drug-related emergencies to receive immediate medical treatment. K-State students seeking immediate medical assistance for an alcohol- or drug-related emergency on behalf of themselves or another person will not be sanctioned for violation of any university alcohol or drug-related policies, so long as the students:
- Make initial contact with law enforcement, emergency medical services, or university staff as a result of their actively seeking out medical assistance.
- Provide relevant contact information to the responding emergency medical personnel, law enforcement officers, and university staff.
- Remain on scene with the individual who reasonably appeared in need of medical assistance until the emergency medical assistance and law enforcement officers have arrived.
- Cooperate with responding emergency medical personnel, law enforcement officers, and university staff.
The university also encourages students to review K.S.A. 41-727(f)(1) (the “Lifeline 911” law), which provides immunity from certain alcohol-related criminal infractions when an individual seeks medical assistance on behalf of themselves or another person, remains on the scene until law enforcement or emergency services arrive, and cooperates with and provides information to law enforcement or emergency medical services.
Victims of and Witnesses to Serious Behavioral Concerns
This student amnesty policy shall apply to students who report to university staff, law enforcement, or emergency medical services having been subjected to or a witness of incidents of sexual harassment, discrimination and other harassment, physical assaults, threatening behavior, incidents of hazing, and similar serious behavioral concerns. Students who are engaged in minor violations, such as underage drinking, and cooperate with the university in providing information related to serious behavioral concerns by others will be provided amnesty for any minor violations they were engaged in at the time the underlying serious behavioral concern took place.
This student amnesty policy extends to individuals who make initial reports or serious behavioral concerns to university staff, law enforcement, or emergency medical services and to students who are later contacted by university staff or law enforcement and are requested to provide information about a serious behavioral concern they may have witnessed.
Questions about this policy should be directed to the Office of Student Life at (785) 532-6432 or the Office of Institutional Equity at (785) 532-6220.