Medical Amnesty

Marshall’s Medical Amnesty policy encourages all students to seek medical treatment for themselves and others in serious or life-threatening situations resulting from substance use.

This policy applies to the MU Student Code of Conduct for students who seek help.

 

For help navigating this process, call 304-696-4103 or email wellness@marshall.edu

 

Language regarding Medical Amnesty in the Marshall Student Disciplinary Procedures Handbook:

Article IV. MISCELLANEOUS
Section 4.01 Medical Amnesty Process

Marshall University considers the safety and personal well‐being of the student body a priority. The University recognizes that there may be alcohol or other drug‐related medical emergencies in which the potential for disciplinary action could act as a barrier to students who want to seek medical assistance for themselves or others.

The Medical Amnesty Process is designed to enable students and their guests to seek professional medical treatment in an alcohol or other drug‐related emergency by reducing the possible barrier of disciplinary consequences.

a. Any student 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 the Code, if the student does all of the following:

i. Remains with the person who reasonably appears to be in need of  emergency medical assistance due to an overdose until such assistance is provided;

ii. Identifies himself or herself, if requested by emergency medical assistance personnel, law enforcement officers, or University officials;

iii. Cooperates with and provides any relevant information requested by emergency medical assistance personnel, law‐enforcement officers, or University officials needed to treat the person reasonably believed to be experiencing an overdose; and

iv. If the person who reasonably appears to be experiencing an overdose from 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 Director in order to receive amnesty.

 

Medical Amnesty only applies to the Marshall University Student Code of Conduct 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.

1. Medical Amnesty Guidelines: Students seeking Medical Amnesty will be required to meet with the Director. For the first request, the Director will evaluate the situation to determine they qualify for Medical Amnesty.

2. The Director may also refer the student to a substance abuse specialist or campus counselor for assessment, counseling, and treatment if needed.

3. Students who are referred but fail to meet and comply with the recommendations may be subject to discipline under the Student Code of Conduct.

4. Even if the disciplinary sanction is waived, the Office of Student Conduct may still notify parents of the event.

5. A record of the incident will be filled in the Office of Student Conduct and will only be used as a prior record if a subsequent alcohol or drug violation occurs.

6. 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.

7. Students that are involved any subsequent alcohol and/or drug use incidents will meet with the Director 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 Office.

8. The availability of medical amnesty for students will be determined on a case by case basis using the following information:

a. 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.

b. If a representative of an MU student organization hosting an event calls for medical assistance, this act of responsibility might mitigate potential University sanctions that could arise against the organization. Marshall Student organizations involved in an alcohol and/or drug related incident must agree to take recommended steps to address concerns from campus administration.

The Medical Amnesty Procedure applies only to alcohol and other drug‐related medical emergencies. It does not apply to other prohibited behaviors, like allegations relating to the commission of sexual misconduct, disorderly conduct, property damage or distribution of illegal or prohibited substances. In those cases, students would not be eligible for medical amnesty.

Additional resources for alcohol and drug education, can be found here:

Wellness Center
MU Rec Center Wellness Suite
Huntington, WV 25755
304‐696‐4800
Wellness@Marshall.edu

This provision only applies to violations of this Code. As it relates to any criminal prosecution, students
should see the West Virginia Alcohol and Drug Overdose Prevention and Clemency Act, W. Va. Code §§
16‐47‐1 to ‐6, which can be found here:
http://www.legis.state.wv.us/wvcode/Code.cfm?chap=16&art=47#47