Texas A&M University will “not take any disciplinary action against a student enrolled at the institution who in good faith reports to the institution being the victim of, or a witness to, an incident of sexual harassment, sexual assault, dating violence, or stalking [as defined in System Regulation 08.01.01, Civil Rights Compliance], for a violation by the student of the institution’s code of conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the institution’s disciplinary process regarding the incident, if any.” (Texas Education Code Sec. 51.284).
- This amnesty does not apply in situations where:
- A student “reports the student’s own commission or assistance in the commission of sexual harassment, sexual assault, dating violence, or stalking” [as defined in System Regulation 08.01.01]; or
- A student’s behavior occurring near or at the time of the incident could result in a suspension or expulsion from the university. For the purposes of this rule, suspension or expulsion may be possible outcomes when the student’s behavior:
- Threatens or endangers the physical or mental health and/or safety of other individuals;
- Causes significant property damage or loss;
- Causes significant burden on the university and/or community members to repair the harm caused by the behavior;
- Would cause a reasonable person similarly situated to fear for their safety or suffer substantial emotional distress;
- Causes significant disruption that limits others’ ability to access the academic, co-curricular, or work environment; or
- Has demonstrated a pattern of failure to comply with university behavioral expectations; Staff in the Office of the Dean of Student Life “may investigate to determine whether a report of an incident of sexual harassment sexual assault, dating violence, or stalking was made in good faith” (Texas Education Code Sec. 51.284(b)). A determination by the Dean of Student Life or designee that a student is entitled to amnesty is final and may not be revoked. All questions of implementation of this amnesty rule are subject to the decision of the Dean of Student Life or designee.