Medical Amnesty Policy

Policy Name: Medical Amnesty Policy
Policy Number: 05-04-013
Accountable Senior Administrator: Vice President of Student Affairs, Jodi Bailey, Ph.D.
Issued: February 17, 2022
Last Updated: January 26, 2022

Policy Statement

New Jersey City University seeks to strengthen its focus on creating a safe, supportive space for all students by removing barriers that may prevent them from seeking necessary medical attention in emergencies. NJCU students must seek immediate medical attention for themselves or others when someone’s health and/or safety are at risk. However, those students may be reluctant to do so for fear of repercussions, especially if due to possible conduct violations such as alcohol and/or drug use. The NJCU Medical Amnesty Policy (MAP) provides a means for students who, while facing conduct violations in emergencies, seek to help themselves or their fellow NJCU students gain important medical assistance. Students who follow the protocol in the MAP may receive amnesty for possible conduct violations stemming from the related incident.

Reason For The Policy

The NJCU MAP provides a way for students to help themselves and/or other students experiencing medical emergencies while avoiding possible sanctions for conduct violations. The focus of this policy is medical amnesty stemming from violations outlined in the New Jersey City University Student Code of Conduct with respect to drug or alcohol use. It does not grant forgiveness for criminal, civil, or legal consequences for violations of Federal, State, or Local law. However, New Jersey’s 911 Lifeline Legislation (P.L.2009, c.133) does allow underage individuals to receive amnesty in accordance with the provisions of the law. Individuals must stay on the scene and assist responders with information concerning the at-risk individual to comply with the law. Further, the New Jersey Good Samaritan Emergency Response Act (A578/S851) allows for the same regarding drug overdoses.

Stakeholders Affected By Policy

Undergraduate Students
Graduate Students
Continuing Education Students

Definitions

Amnesty - For purposes of this policy, an official pardon by designated University administration for students who have been determined guilty of conduct violation(s).

Conduct Violation - Active participation in any inappropriate or illegal behavior that falls within those outlined in the University Code of Conduct, Residence Life Handbook, the University web page, Computer Use Policy, and Graduate/Undergraduate Catalogs.

Continuing Education Students - Those students enrolled in professional studies coursework or programs.

Student - All persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after violating the Student Code of Conduct and those who are not officially enrolled for a particular term, but who have a continuing relationship with the University are considered students.

Policy Text

No student seeking medical treatment for the effects of drug or alcohol use will be subject to university discipline for violations pertaining to drug or alcohol possession/use as outlined in the Student Code of Conduct, provided they comply with the following conditions:
a) The student subsequently completes an evaluation and any recommended treatment at the NJCU Counseling Center.
b) This follow-up must be completed within thirty (30) days.
Students who seek emergency medical attention for someone else will not be held responsible for violations of the NJCU Student Code of Conduct related to consumption of alcohol, alcohol intoxication, and/or drug use, provided that the student subsequently participates in a meeting with and complies with all recommended stipulations established by the Office of the Dean of Students.
The Medical Amnesty Policy (MAP) applies only to those students who seek emergency medical assistance in connection with alcohol or drug overdose. The MAP does not apply to individuals experiencing an alcohol medical emergency who are found by NJCU employees, including, but not limited to: campus security, faculty, administrative staff, community directors, and resident assistants (RAs).
The MAP applies only to individual students (no matter their organizational affiliation) and does not apply to entire student organizations.
The MAP does not apply to disciplinary action relating to any other NJCU Student Code of Conduct violation including, but not limited to, assault, property damage, or the presence of or distribution of other substances. In cases where repeated violations of the Student Code of Conduct occur, the University reserves the right to take disciplinary action on a case-by-case basis regardless of the way the incident is reported. Additionally, the University reserves the right to adjudicate any case in which the violations are determined by the University in its sole discretion to be egregious.
The Office of the Dean of Students reserves the right to contact any student to discuss an incident whether the NJCU MAP is or is not in effect.
Information concerning students who utilize the MAP is confidential but will be recorded for case management purposes.
Parental Notification will still apply if applicable under FERPA Regulations.

For all emergencies, please call NJCU Campus Security:

x5222 from any campus phone
973-655-5222 from a cell phone or non-campus phone

Procedures

If a student invokes and is eligible under the Medical Amnesty Policy (MAP), the following procedures will occur and will be overseen by NJCU personnel identified in the “Responsibility” section of this policy:

The student will be required to attend a hearing and, regarding the incident in question, must have full open and honest disclosure during the hearing.
Following the hearing and the verification of the student’s disclosure, any incident-related conduct charges against the student will be dismissed.
The student will complete Counseling Center treatment within 30 days of treatment assignment.
The student’s parent(s) or guardian(s) will be notified if the student is under 21.
None of this information will be reportable to internal or outside programs.

Violations

1. Failure to comply with the evaluation/treatment options as outlined in this policy text, sections 1(a) and 1(b), may result in discipline charges filed with the Office of the Dean of Students.

2. If a student selects not to invoke the MAP, the student will have the normal conduct process outlined in the Student Code of Conduct including, but not limited to, the following:

Students will have the option of having a hearing and will have a choice of answering any questions posed during the hearing.
If a student is found responsible, the following will apply:
- Completion of Counseling Center treatment within the prescribed time.
- Parental/guardian notification if under 21.
- Sanction of probation, suspension, or expulsion, depending upon the incident.
- Various stipulation requirements (online programs, impact on housing, etc.).
- Reportable to outside and internal programs.

Responsibility

Associate Dean of Student Conduct, Office of the Dean of Students: conduct hearings and decide whether to/to not apply MAP.
Assistant Director of Community Standards, Office of the Dean of Students: assist Associate Dean of Student Conduct with hearings and conduct case management.
Vice President of Student Affairs: final determination of sanctions (suspension or expulsion) if student found responsible under the conduct process.

Contact For Questions

Associate Dean of Student Conduct, Office of the Dean of Students
Assistant Director of Community Standards, Office of the Dean of Students

At all times, the electronic version of this policy will be considered the most current version and will include the date it was updated.

New Jersey City University is grateful to Montclair State University for granting permission to use MSU’s language in creating this policy.