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Medical Amnesty/

Good Samaritan Protocol

Student health and safety are of primary concern at the University of Delaware. As such, in cases of intoxication or overdose due to the consumption or use of alcohol or other drugs, the University encourages individuals to seek assistance for themselves or others.

If assistance is sought due to a serious and immediate risk from the consumption or use of alcohol or drugs, the Office of Student Conduct will not pursue conduct charges against a student for violations of the Alcohol Policy, Drug Policy or policies related to the consumption or use of alcohol or drugs. Additionally, those students who actively assist an individual under the influence of alcohol or drugs will not receive conduct charges for violations of the Alcohol Policy, Drug Policy or policies related to the use or consumption of alcohol or drugs.

Active assistance requires an individual to contact 911 or a University official (such as University of Delaware Police or Residence Life and Housing staff).  Once an active call for help has been made, that individual must remain with and monitor the student’s condition until assistance arrives, and cooperate fully during the medical and investigative process. Medical Amnesty will not be granted where there was no active call for medical assistance.  Students who are confronted by University officials (such as University of Delaware Police or Residence Life and Housing staff) will be referred to the Office of Student Conduct for conduct charges.

When Medical Amnesty is granted, the student under the influence of alcohol or drugs (and possibly the referring student) will be required to meet with the Dean of Students or designee, who will require the completion of educational requirements such as BASICS or a Decision Making Seminar. In most cases, notification will be sent to the student’s parents or legal guardian. While there is no limit to the number of cases for which a student a can receive Medical Amnesty, serious or repeated incidents will prompt a higher degree of concern and response. Failure to complete educational interventions issued under this protocol will result in the application of student conduct charges.

The Medical Amnesty/Good Samaritan Protocol does not preclude disciplinary sanctions due to any other violations of the Code of Conduct (not related to the Alcohol Policy or Drug Policy). In addition, it does not extend to the sale, distribution, or manufacturing of alcohol or drugs. All incidents are examined on an individual basis to determine if Medical Amnesty is applicable, as well as the most appropriate educational interventions.  

 

How to Apply for Receive Medical Amnesty

To apply for Medical Amnesty, please:

  1. Click here to open the application.
  2. Once completed thoroughly and to the best of your knowledge, click the submit button.
  3. Once your application has been reviewed, you will receive an e-mail with additional information, including an appointment to review the incident.
  4. An application will not be accepted once a student has completed a pre-hearing, or is no longer eligible to attend a pre-hearing.

 

Application to Student Organizations

In circumstances where a student organization is found to be hosting an event and actively seeks assistance for a guest under the influence of alcohol or drugs, the Office of Student Conduct will not pursue conduct charges against a student organization for violations of the Alcohol Policy, Drug Policy or policies related to the consumption of alcohol or drugs.

Active assistance requires a member of the organization to contact 911 or a University official (such as University of Delaware Police or Residence Life and Housing staff), monitor the intoxicated student’s condition until assistance arrives, and cooperate fully during the medical and investigative process.

When Medical Amnesty is granted, a representative of the student organization will be required to meet with the Dean of Students or designee, who will require the completion of educational interventions. Notification will be sent to the appropriate authorities in or outside the University. Failure to complete educational interventions issued under this protocol will result in the application of student conduct charges.

Medical Amnesty will not be granted where there was no active assistance. The Medical Amnesty/Good Samaritan Protocol does not preclude conduct charges due to any other violations of the Code of Conduct (not related to the Alcohol or Drug Policies). In addition, it does not extend to the sale, distribution, or manufacturing of alcohol or drugs. All incidents are examined on an individual basis to determine if Medical Amnesty is applicable, as well as the most appropriate educational interventions.


Application to Victims of Sexual Misconduct

Amnesty will be granted to students who may have violated the Alcohol Policy at the time of an incident when they became a victim of sexual assault, sexual harassment or other forms of sexual misconduct. Therefore, a charge of violating the Alcohol Policy will not be applied to a student who reports being under the influence of alcohol at the time of an incident involving sexual assault, sexual harassment or other form of sexual misconduct. Please see more information in the Sexual Misconduct Policy.


For further information, please contact the Office of Student Conduct at 302-831-2117.