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A. In accordance with the Alcohol and Drug Overdose Prevention and Clemency Act (West Virginia Code Section 16-47-1, et seq.), the College recognizes that the potential for disciplinary action may act as a barrier to students seeking medical assistance for themselves or other students in alcohol or other drug-related emergencies. The College, therefore, maintains a medical amnesty protocol. In these incidents, the primary concern is the well-being, health, and safety of students. Students needing medical assistance during an alcohol or other drug-related emergencies will not face formal conduct action by the College for the mere possession or use of alcohol or drugs. The recipients of medical attention will avoid formal conduct action through the Conduct Code process if they participate in a referral with the Office of Enrollment Management within five business days of the incident and comply with any recommendations prescribed by the office.
Additionally, any student(s) or a student organization seeking medical assistance for another person during an alcohol or other drug-related emergencies will not face formal conduct action by College for the mere possession or use of alcohol or drugs. In order to acquire medical amnesty, these individuals or representatives from organizations may need to meet with a representative from the College within five business days of the incident and comply with any recommendations prescribed by the office.
Medical amnesty applies only to alcohol or other drug-related medical emergencies and does not apply to other prohibited conduct including but not limited to sexual assault, property damage or distribution of illicit substances.
Any student or student organization who, in good faith and in a timely manner, seeks emergency medical assistance for a person who reasonably appears to be experiencing an overdose from alcohol or drugs may not be held responsible for a violation of prohibited alcohol or drug-related conduct only, as defined in this Conduct Code, if the student or student organization does all of the following:
- Remains with the person who reasonably appears to be in need of emergency medical assistance due to an overdose until such assistance is provided;
- Identifies himself or herself, if requested by emergency medical assistance personnel, law-enforcement officers, or College officials;
- Cooperates with and provides any relevant information requested by emergency medical assistance personnel, law-enforcement officers, or College officials needed to treat the person reasonably believed to be experiencing an overdose; and
- Completes any additional conditions imposed on the student or student organization by the Assistant Dean or designee of Students.
B. If the person who reasonably appears to be experiencing an overdose of alcohol or drugs is also a student, he or she will not be held responsible for a violation of prohibited alcohol or drug-related conduct, as defined in this Code, but may be required to complete additional conditions imposed by the Assistant Dean or designee of Students in order to receive amnesty.
C. Procedure
- Students seeking Medical Amnesty will be required to meet with the Assistant Dean or designee.
- For the first request, the Assistant Dean or designee will evaluate the situation to determine if they qualify for Medical Amnesty. The availability of medical amnesty for students will be determined on a case-by-case basis using the following information:
- Medical Amnesty applies to students who have initiated and sought assistance and/or medical treatment on behalf of themselves, another student or a friend experiencing a medical emergency from alcohol and/or drug use.
- If a representative of a Blue Ridge students organization hosting an event calls for medical assistance, this act of responsibility might mitigate potential College sanctions that could arise against the organization. Blue Ridge student organizations involved in an alcohol and/or drug-related incident must agree to take recommended steps to address concerns from campus administration.
- Medical Amnesty only applies to the Student Conduct Code, Greek Life, and student organization policies. This policy does not prohibit or preclude law enforcement agencies from enforcing any applicable laws including the filing of criminal charges against the student(s) involved. See W. Va. Code Section 16-47-1, et seq., Alcohol and Drug Overdose Prevention and Clemency Act.
- The Medical Amnesty Policy applies only to alcohol and other drug-related medical emergencies. It does not apply to other prohibited behaviors, like allegations relating to sexual misconduct, disorderly conduct, property damage or distribution of illegal or prohibited substances. In those cases, students would not be eligible for medical amnesty.
- The Assistant Dean or designee may also refer the student to a substance abuse specialist or campus counselor for assessment, counseling, and treatment if needed.
- Students who are referred but fail to meet and comply with the recommendations may be subject to discipline under the Student Code of Conduct.
- Even if the disciplinary sanctions are waived, the Office of Student Conduct may still notify parents/emergency contact of the event in an effort to assist the student’s treatment.
- A record of the incident will be filed in the Office of Student Conduct and will only be used as a prior record if a subsequent alcohol or drug violation occurs.
- The sanction will not be reflected on the student’s transcript and will be destroyed after seven years per federal guidelines as long as a subsequent alcohol or drug violation does not occur.
- Students that are involved in any subsequent alcohol and/or drug use incidents will meet with the Assistant Dean or designee and may be referred to the Hearing Board to determine if the student qualifies for Medical Amnesty. Those that do not qualify for Medical Amnesty will be subject to disciplinary action under the Student Conduct Code.
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