J34-100 Enlightened Citizen Amnesty Policy

James Madison University is committed to preparing students to be enlightened citizens. Among the characteristics of an enlightened citizen are the ability to make responsible decisions about one’s personal welfare, and the ability to make ethical decisions in regard to the welfare of others. The Enlightened Citizen Amnesty Policy (ECAP) is created to encourage students to make responsible and ethical decisions without hesitation based upon university judicial consequences.

The ECAP shall grant amnesty from JMU judicial strikes for:

Those affected by medical emergencies as a result of alcohol or other drugs, on or off-campus, that

A) Are voluntarily reported by:

a. The affected party, or
b. A witness that looks over the affected party until appropriate medical personnel arrive and cooperates with the responding authorities;

B) And did not violate any other policies other than the JMU Alcohol Policy (J38-101) and JMU Drug Policy (J38-102.1). For the drug policy, this will only include under the influence of drugs.

Note: The affected party is eligible for amnesty even if s/he did not personally report the medical emergency. After amnesty is initially granted to an affected party, subsequent requests for amnesty will be considered on a case-by-case basis. Sanctions other than JMU judicial strikes may be applied if warranted by individual circumstances.

The ECAP amnesty may be granted regardless of whether or not the responding medical personnel deem it necessary to transport the affected party to the hospital. This will be determined in the review process by the Office of Judicial Affairs.

Individuals pursuing amnesty as a result of the ECAP will have their request reviewed on an individual basis by the Office of Judicial Affairs in accordance with established rules and policies. Individuals who believe that the Enlightened Citizen Amnesty Policy affects their case must submit a written request for amnesty within five (5) business days of the incident in question. Please submit this request in person to the Office of Judicial Affairs. Request forms are available online. Students requesting amnesty will be notified via e-mail of the status of their request. If students are granted amnesty they will have their case referred to an administrative process to determine the best educational response to the incident. No strikes will be assigned to cases that qualify for the Enlightened Citizen Amnesty.

ECAP does not apply in circumstances where medical attention is requested by JMU staff members, police, or emergency personnel while performing their job duties. ECAP does not provide protection against legal or civil suits resulting from the incident. All requests for amnesty subsequent to an initial qualifying request will be considered on a case-by-case basis