(A)
Policy
statement
(1)
Student safety and wellbeing are primary concerns at
Cleveland state university (CSU). Everyone is responsible for creating a
healthy community whose members care for one another. One demonstration of
caring involves seeking medical assistance for fellow students when lives may
be in danger due to alcohol and/or other drug intoxication. This policy intends
to facilitate access to medical assistance and remove barriers to students who
require medical assistance during emergencies, including those that involve
alcohol and other drugs, and to provide the opportunity for care-centric,
non-punitive, educational interventions in response to such
incidents.
(2)
Students who seek medical assistance for themselves
(medical amnesty) or another student (good samaritan) due to intoxication of
alcohol and/or other drugs will not typically be referred to the CSU student
code of conduct review process related to alcohol and other drugs. However,
this policy does not exempt students from referral to the CSU student code of
conduct when reports of other policy violations accompany the alcohol and other
drug report. For example, if it is reported a student engaged in destruction of
property, fire safety violation, or physical harm to another person,
etc.
(3)
This policy is an important piece of CSU's
comprehensive and wraparound approach to reducing the harmful consequences
caused by the excessive consumption of alcohol and other drugs. This policy
represents the university's commitment to informed decision-making and
promotion of responsible behaviors when faced with alcohol and other
drug-related emergencies.
(4)
Any exemption from the CSU student code of conduct
review process granted under this policy may only apply to disciplinary action
and/or sanctions under the CSU student code of conduct and, therefore, does not
prevent the CSU police or another police agency from detaining a student,
issuing a citation, or making an arrest if they deem that action necessary.
Cleveland state university has no ability to interfere with law-enforcement
initiated investigations.
(B)
Medical
amnesty
(1)
This
policy may apply when a student receives emergency medical assistance that
is:
(a)
Related
to the consumption of alcohol or other drugs; and
(b)
Sought by a
person not serving in an official university
capacity.
(2)
The student will not be charged or sanctioned for
violations of university alcohol and other drug-related policies. Students
receiving medical assistance in compliance with this policy shall not be
referred for prosecution for any state, local or federal crime or misdemeanor
solely related to the possession, consumption or supplying of alcohol or other
drugs.
(3)
The student will be required to consult with the chief
student affairs officer or designee and may be required to participate in an
appropriate educational program. Nothing in this policy shall prevent an
individual who is obligated by federal, state, or local law, or university
policy, practice, or procedure from reporting, charging, or taking other action
related to the possible criminal prosecution of any student.
(4)
Records of all
requests for assistance under this policy shall be maintained by the office of
community standards.
(5)
Participation in any program as a result of this policy
shall not be noted on the student's judicial record unless the student fails to
complete the program.
(6)
In the event a student who previously utilized this
policy is involved in a subsequent alcohol or other drug-related incident, the
subsequent alcohol or other drug-related incident and any resulting charges
shall be treated as a second reported violation of the CSU student code of
conduct.
(C)
Good samaritan
(1)
Students who seek
emergency assistance on behalf of persons experiencing alcohol-related
emergencies will not be charged or sanctioned for violations of university
alcohol and other drug-related policies. Students seeking assistance in
compliance with this policy shall not be referred for prosecution for any
state, local or federal crime or misdemeanor solely related to the possession,
consumption or supplying of alcohol or other drugs. Students may be required to
consult with the chief student affairs officer or designee and maybe required
to participate in an appropriate educational program depending upon their
involvement in the situation. Participation in any program as a result of this
policy shall not be noted on the student's judicial record. Nothing in this
policy shall prevent an individual who is obligated by federal, state, or local
law, or university policy, practice, or procedure from reporting, charging, or
taking other action related to the possible criminal prosecution of any
student.
(2)
Records of all requests for assistance under this
policy shall be maintained by the office of community standards. Participation
in any program as a result of this policy shall not be noted on the student's
judicial record unless the student fails to complete the program. In the event
an individual who previously utilized this policy is involved in a subsequent
alcohol or other drug-related incident, this incident and any resulting charges
shall be treated as an alleged second offense.
(D)
To apply for the
medical amnesty or the good samaritan exemption, the student must meet with the
chief student affairs officer or designee, complete an application and, once
referred, complete any and all recommendations made in consultation with
student wellness, health and wellness services, and or counseling services.
These recommendations will include, at minimum, an individual appointment with
a staff member or counselor and a follow-up appointment to discuss alcohol and
other drug use.
(E)
Student organizations
A representative of a student
organization hosting an event is required to promptly seek medical assistance
in an emergency that is related to the consumption of alcohol or other drugs.
Hosting/sponsoring organizations whose representatives seek emergency
assistance on behalf of persons experiencing alcohol and other drug-related
emergencies will not be charged or sanctioned for violations of the student
code of conduct. Organization representatives may be required to consult with
the chief student affairs officer or designee and that organization may be
required to participate in an appropriate educational program. Participation in
any program as a result of this policy shall not be noted on the organization's
judicial record unless the organization's members fail to complete the program.
No organization may receive amnesty under this policy more than one time in an
academic year.
(F)
Reports of hazing and student
organizations/groups/teams
If an organization has been found in
violation of the university's anti-hazing policy, then the organization's
willingness to seek medical assistance for another person or student may be
viewed as a mitigating factor if or when sanctions are issued. This policy does
to negate the investigation and sanctioning process if a student organization,
group, or team is found responsible for hazing. However, the sanctioning
process is able to consider whether or not the responsible party/parties sought
medical assistance.
