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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 due to the consumption of alcohol, 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 of alcohol, the Office of Student Conduct may not pursue conduct sanctions against a student for violations of the Alcohol Policy or policies related to the consumption of alcohol. Additionally, those students who actively assist an intoxicated individual will not receive conduct sanctions for violations of the Alcohol Policy or policies related to the consumption of alcohol.

Active assistance requires an individual to contact 911 or a University official (such as University of Delaware Police Department or a Resident Assistant).  Once an active call for help has been made, additional examples of active assistance may include an individual monitoring the intoxicated student’s condition until assistance arrives, and cooperating 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 staff (University of Delaware Police Department or Resident Assistant, as an example) will be referred to the Office of Student Conduct for conduct charges.

In lieu of conduct sanctions under the Student Guide to University Policies, the intoxicated student (and possibly the referring student) will be required to meet with the Dean of Students or designee, who may issue educational requirements such as BASICS or 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 were one can receive amnesty, serious or repeated incidents will prompt a higher degree of concern and response. Failure to complete educational requirements or treatment recommendations issued under this protocol will result in the reinstatement 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).  Likewise, the Medical Amnesty/Good Samaritan Protocol does not prevent action by Newark Police or other law enforcement personnel. 

 

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 an intoxicated guest, the organization can be charged through the Student Guide to University Policies for violation of the Alcohol Policy and/or Student Organizations Policy.  If found responsible, the organization's willingness to actively seek assistance will be viewed as a mitigating factor in determining sanctions. No fees will be applied.

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

 

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.


A printable brochure, with information about the Medical Amnesty Protocol and signs of alcohol poisoning, may be downloaded here.


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