Medical Amnesty Policy

(A) Policy Statement and Purpose
Student health and safety is a substantial University interest. Abuse and overconsumption of alcohol or other legal and illegal substances is a serious and worsening national problem. The University’s interest in promoting student health and safety is furthered by encouraging students to seek and obtain prompt medical assistance for themselves, and/or another, if in distress from the abuse of alcohol or other substances. The University’s interest is also furthered by removing obstacles to obtaining prompt medical assistance for a person in distress from alcohol or substance abuse.

(B) Policy

• (1) Any student who, in good faith, seeks or obtains medical assistance (e.g., by calling 9-1-1) for another person shall not be found responsible for a violation of the Code of Student Conduct concerning the possession or consumption of alcohol or drugs unless the student caller knowingly and/or recklessly endangered the health or safety of another person. If, during the conduct procedures, a student caller’s actions aredetermined to have been knowing and/or reckless, having called for assistance will be considered as a mitigating factor in determining a sanction
• (2) A currently enrolled student who, in good faith, seeks or obtains medical assistance (e.g., by calling 9-1-1) for themselves for the overconsumption of alcohol or for a drug overdose, shall not be found responsible for a violation of the Code in connection with the possession or consumption of alcohol or drugs if all of the following apply:
  • (a) The information that would be the basis for a hearing of a Code violation for alcohol, drug, or other offense was obtained as a result of a student seeking medical assistance for themselves for the overconsumption of alcohol or a drug overdose.
  • (b) Under the supervision of the Office of the Dean of Students, the student accepts responsibility for the misconduct and completes any educational interventions required by the Office of the Dean of Students.
  • (c) The student has not previously asserted this policy in defense of another alcohol or drug incident.
  • (d) The student is in good disciplinary standing with the University.

• (3) This Policy does not prevent the University from notifying students’ parents/guardians about the incident because family members can provide additional support for students.
• (4) This policy applies only to disciplinary actions under the Code of Student Conduct and does not apply to limit any law enforcement agency, including the BGSU Police department, from investigating or prosecuting criminal activity in accordance with state and federal law.
• (5) This policy does not preclude any disciplinary actions regarding other University violations such as endangering, threatening, or attempting to cause physical harm to another individual; sexual misconduct; relationship violence; damage to property; theft; and hazing.

(B?) Recognized Student Organizations
If a representative of a recognized student organization seeks medical assistance under this policy, that act will be considered as a mitigating factor in determining a sanction if the recognized student organization is found in violation of the Code in connection with the occurrence.

(C?) Determination of Policy Application
Whether all the conditions of this policy have been satisfied shall be at the sole sound discretion of the Office of the Dean of Students.  

A student who fails to successfully satisfy all the conditions of this Policy, including any required educational interventions, will be referred for adjudication through the Code of Student Conduct for the original incident.

(D?) Appeal
A student who has been denied the defense afforded by this policy may appeal that decision to the Dean of Students with five (5) days of the decision. The Dean’s decision shall be final.

• (i.) A currently enrolled student who, in good faith, seeks or obtains medical assistance (e.g., by calling 9-1-1) for themselves for the overconsumption of alcohol or for a drug overdose, shall not be found responsible for a violation of the Code in connection with the possession or consumption of alcohol or drugs if all of the following apply:
  • (1) The information that wouldbe the basis for a hearing of a Code violation for alcohol, drug, or other offense was obtained as a result of a student seeking medical assistance for themselves for the overconsumption of alcohol or a drug overdose. 
  • (2) Under the supervision of the Office of the Dean of Students, the student accepts responsibility for the misconduct and completes any educational interventions required by the Office of the Dean of Students.
  • (3) The student has not previously asserted this policy in defense of another alcohol or drug incident.
  • (4) The student is in good disciplinary standing with the University.

When circumstances warrant, the Office of the Dean of Students may waive compliance with subparagraphs B.1.c and B.1.d. This will be determined on a case by case basis.

• (ii.) This policy does not prevent the University from notifying students’ parents/guardians about the incident because family members can provide additional support for students.
• (iii.) This policy applies only to disciplinary actions under the Code of Student Conduct and does not apply to limit any law enforcement agency, including the BGSU Police department, from investigating or prosecuting criminal activity in accordance with state and federal law.
• (iv.) This policy does not preclude any disciplinary actions regarding other University violations such as endangering, threatening, or attempting to cause physical harm to another individual; sexual misconduct; relationship violence; damage to property; theft; and hazing.