Chapter 432
2016 -- S 3092
Enacted 07/12/2016

A N   A C T
RELATING TO EDUCATION - ALCOHOL AND/OR DRUG USE AMNESTY FOR REPORTERS OF VIOLENCE AT INSTITUTIONS OF HIGHER EDUCATION

Introduced By: Senators Gallo, Goodwin, Nesselbush, Coyne, and Lynch Prata
Date Introduced: June 16, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended
by adding thereto the following chapter:
CHAPTER 76.2
ALCOHOL AND/OR DRUG USE AMNESTY FOR REPORTERS OF INCIDENTS OF
VIOLENCE AT INSTITUTIONS OF HIGHER EDUCATION
     16-76.2-1. "Incident of violence" defined. -- As used in this chapter, the term "incident
of violence" shall include any event or occurrence where any person abuses or causes physical
injury to another person, or threatens to abuse or to cause physical injury to another person.
Incidents of violence shall include, but not be limited to, domestic violence, dating violence,
stalking, and sexual assault.
     16-76.2-2. Policies for drug/alcohol amnesty for individuals reporting incidents of
violence. -- (a) Every institution of higher education in the state shall adopt and implement the
following policy as part of its code of conduct:
     "The health and safety of every student at the (name of institution) is of utmost
importance. (Name of institution) recognizes that students who have been drinking and/or using
drugs (whether such use is voluntary or involuntary) at the time that an incident of violence
occurs, including, but not limited to, domestic violence, dating violence, stalking, or sexual
assault may be hesitant to report such incidents due to fear of potential consequences for their
own conduct. (Name of institution) strongly encourages students to report incidents of violence to
institution officials. A bystander acting in good faith, or a reporting individual acting in good
faith, who discloses any incident of violence to (name of institution)'s officials or law
enforcement will not be subject to (name of institution)'s code of conduct action for violations of
alcohol- and/or drug-use policies occurring at or near the time of the commission of the incident
of violence."
     (b) Nothing in this chapter shall be construed to limit an institution's ability to provide
amnesty in additional circumstances.
     SECTION 2. This act shall take effect upon passage.
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LC006191
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