Medical Amnesty Policy (Draft)

Purpose:

This policy encourages students at Winona State University (WSU) to seek assistance when that student needs medical attention or when that student knows of another student in need of medical care due to consumption of alcohol or drugs.

Rationale for Revision and Major Changes:

(This is for stakeholder review, not for publishing)

This policy draft is a proposed update for a legacy regulation:

• WSU 4-6 Student Medical Amnesty Regulation

This policy now designates the Dean of Students as the primary administrator responsible for addressing student medical amnesty issues. The policy removes text explaining why students might be reluctant to seek such amnesty. It also removes language suggesting that individuals with enforcement obligations may still report, charge, or take other actions in accordance with state and federal laws. The updated procedure removes references to FERPA and WSU’s option to notify parents or other family members of the incident. It more clearly defines eligibility and steps to be taken.

Suggested Stakeholder feedback deadline:

Feedback should be provided using this WSU form by 11/01/2024.

Policy:

WSU encourages students to seek immediate medical attention for themselves or others when anyone’s health or safety is at risk due to the consumption of drugs or alcohol. A student who seeks emergency medical assistance in these circumstances will not be charged with violations of the WSU Student Conduct Code, provided that the student complies with the procedures described in 4-6a.

This policy does not supersede the provisions of Minnesota State Policies 1B1 or 1B3. In cases where an individual or organization fails to seek emergency medical assistance when it is clearly needed, formal disciplinary action will be taken against the individual(s) or organization.

Related documents:

• Minnesota Statute 340A.503 (Persons Under 21; Illegal Acts)
• Minnesota State Policy 1B.1 (Equal Opportunity and Nondiscrimination in Employment and Education)
• Minnesota State Policy 1B.3 (Sexual Violence Policy)
• Winona State University Alcohol and Other Drug Policy
• Winona State University Student Conduct Code

Related definitions:

[4-6] Medical Amnesty:

A Minnesota statute that provides immunity to minors seeking medical assistance for themselves or others who are incapacitated due to drug or alcohol use.

Subsequent Procedure:

• 4-6A Medical Amnesty Procedure (Draft)

History:

Adoption date: 04/09/2012
Implementation date: 01/01/2099