Medical Amnesty Policy

Purpose

The purpose of this policy is to maintain a campus environment that promotes healthy responsible living, affirms civility, supports the well-being of each member of the campus community, and is compliant with state and federal laws and college policies regulating behavior. Respect for college/campus/community standards and regulations is expected.

Alcohol and other drug use potentially affect the safety, health, and quality of life for all students and employees. Additionally, alcohol and other drug use can affect the image of the College and restricts the College’s ability to carry out its mission. Alcohol misuse and illicit drug use minimize an individual’s ability to develop his/her academic or social relationships and is contrary to the educational process and goals of the College. Minnesota State Community and Technical College recognizes that students and employees are ultimately responsible for their own conduct and the consequences of their behavior.

Policy

Medical amnesty, also known as Good Samaritan or 911 protection law, is essentially a policy to protect people from facing harsh legal consequences in a drug or alcohol-related emergency. At a college level, medical amnesty is intended to reduce barriers that may inhibit students from seeking professional assistance when faced with a potentially life threatening emergency caused by alcohol and/or drug use, by reducing the threat of college discipline for drug or alcohol use.

Students will be eligible for medical amnesty when a student not acting in a staff capacity seeks professional assistance for themselves or for another student(s) believed to be in danger or risk of significant harm if not evaluated by emergency personnel.

Eligibility for medical amnesty will be limited to the student in need of medical assistance and the student who first contacted emergency services (dialed 911) or contacted security services (Fergus Falls and Moorhead campuses have security services).

Assessing emergency medical assistance will be a mitigating factor in the student disciplinary process as noted below:

The student who placed the call for assistance will may be required to participate in educational programs and/or counseling related drug and/or alcohol use/abuse. Disciplinary probation or suspension will be ‘deferred’ on the condition the student completes the educational sanctions as defined by the authorizing authority.

The student requiring emergency medical intervention will may be required to complete educational programs and/or counseling. Disciplinary probation or suspension will be ‘deferred’ on the condition the student completes the educational sanctions as defined by the authorizing authority.

Medical amnesty is specific to campus disciplinary action related to the Student Conduct Code with regard to alcohol and/or drug violations. Should either of the aforementioned students be found responsible for an additional violation of College policy related to alcohol and/or other drugs within one calendar year of the date of the first violation, disciplinary sanctions for both violations will may be assigned to that student.

Students granted medical amnesty will not be immune from discipline for other concurrently occurring violations of the Student Conduct Code, such as but not limited to sexual violence, physical violence, hazing, vandalism, and weapons.

If local law enforcement assistance is required, the College cannot guarantee immunity for students from citation, arrest or criminal prosecution. Individuals however may qualify for prosecution immunity under Minnesota Statue 340A.503 Persons Under 21; Illegal Acts. Subd. 8.

References

Minnesota Statue 340A.503 Persons Under 21; Illegal Acts

Associated Policies and Procedures

Minnesota State Community and Technical College Student Conduct Code

Minnesota State system Board Policy 5.18 Alcoholic Beverages or Controlled Substances on Campus

Minnesota State system Board Policy 3.6 Student Conduct

Minnesota State system Procedure 1C.0.1 Employee Code of Conduct