Policies

Amnesty Through Responsible Action

Policy Number

Responsible UW-Whitewater Office

Dean of Students

Policy and Procedures

Guiding Principle

Amnesty Through Responsible Action is part of University of Wisconsin-Whitewater’s comprehensive environmental approach to address high-risk behaviors. Because the health and safety of the members of the UW-Whitewater community is of primary concern, we want to remove the perceived barriers that prevent students from seeking immediate medical attention. This program has been designed for the student who is concerned for the well-being of a fellow student and enables the university to more effectively address the issue of civility and good citizenship with our students.

In cases where individuals are incapacitated due to alcohol and/or other drugs, it is imperative that someone calls for medical assistance. In the interest of student safety, this program serves to remove or reduce punitive consequences faced by students in violation of Non-Academic Misconduct (UWS 17 and/or UWS 18).

Amnesty Through Responsible Action allows the student who required medical assistance to receive medical attention without a violation of UWS 17 and/or UWS 18. It would also provide relief from similar violations for those who assisted the student in need.

These guidelines apply to disciplinary actions related to the personal consumption of alcohol and/or other drugs by the injured student or those providing medical aid or making a report. The guidelines do not operate to provide amnesty for offenses or violations related to alcohol, use or possession of other drugs illegally, or other crimes, and they may not apply to students involved in repeated violations of university alcohol and/or other drug policies.

NOTE: Relief from disciplinary action will not be granted to students who do not seek medical assistance. Students who are confronted by University Staff (e.g. RAs, Hall Directors, University Police) will be addressed under the normal student conduct process and applicable laws. 

Responsible Action

Amnesty Through Responsible Action is designed to create an environment where all University of Wisconsin-Whitewater students look out for one another.  This policy encourages students and student organizations to seek help for students they observe have consumed alcohol or other drugs to levels of extreme intoxication or other medical emergency.  Conditions include vomiting, loss of balance, unresponsiveness or other conditions that may require medical intervention.

When a person's life is in danger due to alcohol and/or other drug consumption, University of Wisconsin-Whitewater students are expected to seek immediate assistance, including calling 9-1-1. The purpose of these guidelines is to foster student responsibility and learning, while simultaneously ensuring the safety of our students and community.

Wisconsin Good Samaritan Statute

"Any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care."    

To read Wisconsin's Statute: Wis. Stat 895.48(1) 

Protection for Victims of Crime

Wisconsin law prohibits the issuing of citations for alcohol beverages violations to certain underage victims in connection to sexual assault or certain other crimes and prohibits certain disciplinary sanctions if the underage person is a student.    

To read Wisconsin's Law: 2018 Wisconsin Act 279 

Caller

When a person calls on behalf of an individual who requires life-saving emergency evaluation, the caller will not be subject to disciplinary actions from the university IF the following conditions are met:

  • Caller must remain with the impaired individual until assistance arrives.
  • Caller must be completely cooperative with emergency responders.
  • Caller must complete any programs deemed necessary by the Dean of Students Office. Any fees associated with the educational program will be waived.
  • The caller may be required to meet with the Dean of Students Office or other University officials. 

Future or repeat incidents will be handled on a case by case basis and may be referred to the Dean of Students Office or University Police.

Failure to call for assistance in an alcohol and/or other drug related emergency is a very serious matter and could be considered an “aggravating circumstance” factored into disciplinary action against the student should violations of Non-Academic Misconduct (UWS 17 and/or UWS 18) occurred in relation to the incident.

Person in Need of Medical Attention

When a student requires life-saving emergency evaluation and/or treatment at a medical facility for an overdose of alcohol and/or other drugs, the student will be required to meet with a staff member from the Dean of Students Office to discuss the incident and to connect with appropriate resources and support. The student will be required to complete an alcohol and/or other drugs education program through the Dean of Students Office. Any fees associated with the education program will be waived.

In the event of a student in need of life-saving medical evaluation, the Dean of Students Office may contact a Parent/guardian.

When the student’s behavior involves other UWS 17 and/or UWS 18 violations, or the student exhibits a pattern of problematic behavior with alcohol and/or other drugs, they may be subject to additional disciplinary action.

Future or repeat incidents will be handled on a case by case basis and may be referred to the Dean of Students Office or University Police.

Amnesty Through Responsible Action may also apply in the following situations

Student Organizations: Student organizations should seek immediate medical assistance for their members or guests when any potential life-safety issue is observed, including medical emergencies related to the use of alcohol and/or drugs.

A student organization that seeks immediate assistance from appropriate sources will not be charged with violations of the Student Organization Code of Conduct. The organization may be required to complete educational programming required by the Dean of Students Office.

The organization may be held accountable for other violations of the Code of Conduct related to the incident (e.g. endangering the health or safety of others, etc.).

Student organizations that fail to seek immediate medical assistance for members or guests in need of attention could be charged with violations of the Code of Conduct.

Victims of Crime: In cases where a student has been a victim of sexual assault and/or a violent crime while under the influence of alcohol and/or other drugs, neither the Dean of Students Office, University Housing, nor UW-Whitewater Police Department will pursue disciplinary actions against the student victim (or against a witness) for their improper use of alcohol (e.g., underage drinking) and/or other drugs. A student victim who is under the influence of alcohol and/or other drugs at the time of a sexual assault and/or violent crime is entitled to university and community assistance and encouraged to seek help.

UW-Whitewater is appreciative to UW-Madison for providing resources used to implement this policy

“I am fully supportive of students and student groups actively ensuring the well-being of others by taking responsible steps to seek assistance for individuals who are intoxicated and/or impaired. Our police department looks forward to active participation in this program and City of Whitewater police officers will assess on a case-by-case basis.”

Aaron Michael Raap

Chief of Police
City of Whitewater
April 20, 2021

Violators: Violations will be handled like other work rule or policy violations.

Related Policies

Please reference information within policy

Policy History

First approved:             Historical information unavailable
Revised & approved:     Historical information unavailable
Revised & approved:     05/05/2021
Revised & approved:     01/09/2023
Next review due:          01/09/2028

Scheduled Review