Medical Amnesty Policy

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The priority and hope of The College of St. Scholastica with regard to alcohol and other drugs is the safety and health of students, staff, and faculty. The College is committed to providing education, support services, and the availability of both campus and community resources to encourage and assist students in making responsible decisions. Students are expected to comply with campus policies outlined in the student handbook and code of conduct, and also local, state, and federal laws in their behavior surrounding alcohol and drug use.

Nevertheless, the College acknowledges that occasional medical emergencies arise as a result of excessive or hazardous drinking/drug use (alcohol poisoning, overdose, and other adverse reactions and effects). Students are expected to call for help when such emergencies occur (Residential Life staff, 911, Duluth Police Department). To encourage responsible action and the utilization of assistance when needed, the College has a Medical Amnesty policy that applies to the following:

  • A student seeking medical attention for him or herself
  • A student seeking medical attention for another person
  • The student in need of medical attention (whether caller or not)

COVID -19 Contact Tracing Addendum

Added: September, 22, 2020

For the health and safety of the community, it is essential that people are honest and forthright about their interactions and contacts. The College of St. Scholastica has determined that a student who is honest and forthright in their participation of a contact tracing process will be recognized as having exhibited responsible behavior in doing so. Therefore, students will not be
held responsible for alcohol consumption and possession related sanctions (see alcohol policy and corresponding sanctions) should that information come to light in the process of contact tracing related to Covid-19.

It is important to note that this policy does not protect students who repeatedly or deliberately violate campus policy and Code of Conduct. Nor does it protect a student if an alleged violation involves other infractions including but not limited to sexual or physical assault, property damage, or unlawful distribution of prohibited substances, is brought to light through the contact tracing process. It will be determined by the Dean of Students or her designees, or the appropriate authority based on the policy in question, whether or not students are charged and found responsible for violations of other campus policies and Code of Conduct; nonetheless, the responsible action and good judgment of reporting the health or safety concern will be taken into account.

Legal Context

For information purposes, please know that Minnesota Statutes 2012, section 340A.503, subdivision 8 provides immunity from legal prosecution under state law if that "person contacts a 911 operator to report that the person or another person is in need of medical assistance for an immediate health or safety concern, provided that the person who initiates contact is the first person to make such a report, provides a name and contact information, remains on the scene until assistance arrives, and cooperates with the authorities at the scene. The person who receives medical assistance shall also be protected from prosecution. ‘The aforementioned immunity' also applies to one or two persons acting in concert with the person initiating contact provided that all the ‘aforesaid' requirements are met."

Note that this bill applies to an act relating to public safety; providing immunity for underage possession or consumption of alcohol for a person contacting 911 to seek assistance for another. This bill does not protect an individual who has violated any other campus policy, local, state, or federal law such as those pertaining to sexual or physical assault; drugs or controlled substances; filing a false police report or acts of perjury; probation violations; or otherwise disrupting the safety, property, or well-being of the College and its community.

Application of Medical Amnesty within CSS

While The College of St. Scholastica supports Medical Amnesty and adheres to state law, amnesty implications differ from those outlined in state law. The College of St. Scholastica has determined that a student who seeks medical attention for self or another will be recognized as having exhibited responsible behavior in doing so. Therefore, the student for whom the medical attention was sought and the caller will be absolved of alcohol consumption and possession related fines (see alcohol policy and corresponding fine and other sanctions). However, the student for whom the medical attention was sought and quite possibly the caller will still be
required to partake in an educational experience as delegated by a designee of the Dean of Students, and may be subject to other sanctions depending on the situation.

It will be determined by the Dean of Students or her designees whether or not the caller will be found in violation of other campus policies and code of conduct; nonetheless, the responsible action and good judgment of reporting the health or safety concern will be taken into account. In times of serious health and well-being concerns, parental notification and an educational experience still apply as sanctions for alcohol and drug violations; amnesty applies to sanctioned fines only. If it is determined by the Dean of Students or designee that medical amnesty appropriately applies to a situation, the person(s) involved will not have their future housing placement affected.

It is important to note that this policy does not protect students who repeatedly or deliberately violate campus policy and code of conduct. If a student has received amnesty in the past and is involved in a successive incident, it will be at the discretion of the Dean of Students to determine whether or not that individual is again eligible for amnesty from college-sanctioned fines in a subsequent incident.

Lastly, The College of St. Scholastica's Medical Amnesty policy is not exclusively applicable to individuals under the age of 21, although alcohol consumption and possession violations most often apply to said demographic. Individuals of any age are subject to both amnesty from fines issued by the college and the required restitution mandated by the Dean of Students. State law regarding Medical Amnesty does however apply only to individuals under the age of 21 who have broken laws of alcohol consumption or possession. If the incident involves other infractions including but not limited to sexual or physical assault, property damage, or unlawful distribution of prohibited substances, this policy is not applicable.

Parental Notification Practice

The Family Educational Right to Privacy Act, (FERPA), by the U.S. Department of Higher Education states that it is permissible for The College of St. Scholastica to notify the parents/guardian of a student when there is a concern for the health or safety of the student regardless of disciplinary status. This means that if the College has deep concern for the health and safety of a student due to overconsumption (i.e. trip to hospital or detox) or a repeated pattern or single event of high risk behavior, the College will likely contact the parents or guardians.

Parental notification will be utilized at the discretion of the Dean of Students or designee.

Information about Alcohol Poisoning and When to Call for Help

From: Mayo Clinic
Website: https://www.mayoclinic.org/diseases-conditions/alcohol-poisoning/symptoms-causes/syc-20354386

Alcohol poisoning symptoms include:

  • Confusion, stupor
  • Vomiting
  • Seizures
  • Slow breathing (less than eight breaths a minute)
  • Irregular breathing (a gap of more than 10 seconds between breaths)
  • Blue-tinged skin or pale skin
  • Low body temperature (hypothermia)
  • Unconsciousness ("passing out"), and can't be roused

It's not necessary for all of these symptoms to be present before you seek help. A person who is unconscious or cannot be roused is at risk of dying.

When to see a doctor

If you suspect that someone has alcohol poisoning - even if you don't see the classic signs and symptoms - seek immediate medical care. In an emergency, follow these suggestions:

If the person is unconscious, breathing less than eight times a minute or has repeated, uncontrolled vomiting, call 911 or your local emergency number immediately. Keep in mind that even when someone is unconscious or has stopped drinking, alcohol continues to be released into the bloodstream and the level of alcohol in the body continues to rise. Never assume that a person will "sleep off" alcohol poisoning.

Be prepared to provide information. If you know, be sure to tell hospital or emergency personnel the kind and amount of alcohol or other substances the person drank or ingested, and when.

Don't leave an unconscious person alone. While waiting for help, don't try to make the person vomit. Alcohol poisoning affects the way your gag reflex works. That means someone with alcohol poisoning may choke on his or her own vomit or accidentally inhale (aspirate) vomit into the lungs, which could cause a fatal lung injury.

Even if you do not observe the signs and symptoms of overdose, alcohol poisoning, or other health concerns, err on the side of caution and seek assistance so that you and/or the individual may receive proper medical attention. If you suspect yourself or the individual to be in a life-threatening situation, call 911 immediately.

Details

Details

Article ID: 11202
Created
Mon 2/26/24 10:21 AM
Modified
Wed 6/12/24 9:19 AM