2.1.28 Medical Amnesty and Good Samaritan Policy

Background

Illinois State University holds the safety, security and well-being of its students as one of its highest priorities. The University prides itself on offering all of the benefits of a large, public institution while preserving a caring, individualized community. Illinois State University recognizes that a student's concern for potential disciplinary action while under the influence of alcohol and/or other substances may hinder his/her actions in response to seeking assistance in certain emergency situations and/or reporting incidents. It is imperative that medical attention be sought should concerns arise for one's own safety or the safety of others. This policy is intended to encourage reporting.

Definitions

The following definitions are for use in this policy only.

Medical Amnesty. The recipients of medical attention due to an alcohol and/or other substance-related incident may be able to have their formal disciplinary sanction for being under the influence of or in possession of alcohol and/or other substances deferred by the University. NOTE: Students who are found and referred to medical attention by University staff and/or other enforcement agency (e.g. University Housing Staff, Police, security force) are not eligible for Medical Amnesty.
Good Samaritan. Students who seek medical assistance on behalf of persons experiencing alcohol and/or other substance-related emergencies may not be subject to formal disciplinary sanctions by the University for their own alcohol and/or other substances use or possession.
Emergency Situations. Any situation involving a threat or danger to the health or safety of any individual(s), including, but not limited to, alcohol and/or other substances poisoning, sexual assault, and/or other serious injury, etc.
Formal University disciplinary sanctions. Censure, disciplinary probation, deferred suspension, disciplinary suspension, and/or disciplinary dismissal.

Policy

It is imperative that medical assistance be sought when concerns arise for an individual's safety because of an emergency situation such as severe level of impairment, serious injury, and/or unwanted sexual contact. In emergency situations, students are urged (1) to contact emergency officials by calling 911 to report the incident, (2) to remain with the individual(s) needing emergency treatment and cooperate with emergency officials, so long as it is safe to do so, and (3) to meet with appropriate University officials after the incident and cooperate with any University investigation.

Student Conduct and Community Responsibilities will consider the positive impact of taking the appropriate action in an emergency situation (as outlined above) when determining the appropriate response for alleged alcohol and/or other substances policy violations by the reporting student, including self-reporting. This means that formal University disciplinary sanctions may be deferred for possible alcohol and/or other substances violations, but the incident will be documented, and educational, community, and health interventions — as well as contact with a student's parents or family — may be required as a condition of deferring disciplinary actions or sanctions. If all conditions are met, formal disciplinary sanction will be vacated. Failure of a student(s) to respond to an emergency situation may void all protections under this policy and be considered as an aggravating factor for the purposes of sanctioning.

Registered Student Organizations (RSOs), through their officers and members, are also urged to take appropriate action in emergency situations and to incorporate these expectations into their training and risk management plans. When an RSO's officers and members take the appropriate action in dealing with emergency situations it will be considered a mitigating factor when determining the outcome or sanction of an incident that otherwise merits disciplinary action against the organization. Failure of a registered student organization, or its members, to respond to an emergency situation may void all protections under this policy and be considered as an aggravating factor for the purposes of sanctioning.