University Good Samaritan Regulation (GSR)

1. Purpose

• 1.1. The purpose of the Good Samaritan Regulation (“Regulation” or “GSR”) is to remove a potential barrier and facilitate access to emergency medical care in cases of alcohol and/or drug related medical emergencies. The goal is to increase the likelihood that a person needing medical assistance will receive this assistance by reducing the reluctance of students to seek out appropriate help due to fear of potential University consequences assigned by the Office of Student Rights and Responsibilities (“OSRR”) to themselves or another person in need of assistance. The GSR applies to students in their individual capacity as well as registered/recognized student organizations and/or clubs.
• 1.2. The GSR is part of East Carolina University’s comprehensive approach to reduce the harmful consequences caused by the use of alcohol and/or drugs. It is designed to promote responsible decision making when students are faced with a potentially harmful, or deadly, alcohol and/or drug related medical situation. This regulation finds support in the ECU Creed which states: “I will be thoughtful and responsible in my words and actions” and “I will engage in purposeful citizenship by serving as a positive role model,” and aligns well with the University’s mission to help prepare future leaders by encouraging healthy, pro-active, civically responsible actions by our students in times of a crisis.
• 1.3. The minimum legal drinking age (MLDA) in the state of North Carolina is 21 years old. The use of all illicit drugs is illegal in NC. Nothing in this procedure should indicate that the University condones underage drinking or drug use. We are also cognizant, however, that many underage college students will choose to consume alcohol or use illicit drugs regardless of the MLDA or existing drug laws. With this choice comes the risk of very harmful consequences; research from the National Institute on Drug Abuse and the National Institute on Alcohol Abuse and Alcoholism has long demonstrated that the misuse of alcohol is the number one health risk on U.S. college campuses. The increase of overdoses associated with illicit drug use continues to climb in the U.S. This GSR is designed to address this reality by reducing the risk of alcohol and/or drug-related harm for students via an increased likelihood of medical intervention. The regulation stipulates that individuals who are involved in an emergency situation are provided education, intervention opportunities and or counseling services related to alcohol and/or drug risk-reduction in order to reduce the likelihood of future occurrences. This could include options such as programs and services at the Center for Counseling and Student Development or at an off-campus agency recommended and supported by ECU.

2. Applicability of Good Samaritan Regulation

• 2.1. Subject to the provisions of this regulation, the ECU GSR may apply in the following situations:
  • 2.1.1. When a student, acting in good faith and upon reasonable belief that they were the first to call for assistance, contacts ECU personnel or emergency services (“EMS”) for medical assistance related to their own alcohol and/or drug use, and EMS responds and makes a medical assessment at the locale.
  • 2.1.2. When a student calls for emergency assistance on behalf of another person experiencing an alcohol and/drug-related medical emergency and EMS responds and makes a medical assessment at the locale. The student shall use their own name when contacting authorities and shall remain with the person needing medical attention until help arrives.
  • 2.1.3. When a student is named in an ECU Police Report, other Law Enforcement Agency Report, or Campus Incident Report/Citation as having been present and lending a helping hand during an alcohol and/or drug-related medical emergency and it is documented that emergency assistance was requested. Likewise, failure to call for medical assistance in an alcohol and/or drug related emergency may be considered an aggravating circumstance that may affect a conduct case resolution and/or result in student sanctions. This will be reviewed on a case-by-case basis.
• 2.2 The Good Samaritan Regulation does NOT apply to the following circumstances:
  • 2.2.1 Law enforcement agencies within their jurisdictions enforcing federal, state, or local laws (however, state laws related to medical amnesty may apply); or
  • 2.2.2 Students who are engaging in behaviors other than possession, consumption, or use of alcohol and/or drugs (including, but not limited to, driving under the influence, manufacturing/distribution/delivery of drugs, or possessing with intent to manufacture/distribute/deliver drugs.
  • 2.2.2.1 This regulation does not apply to students who are engaging in sexual misconduct, relationship violence, stalking or other behaviors that would violate Title IX statues.
• 2.3 Gathering Information and Documents
  • 2.3.1 In a preliminary meeting with the student or registered/recognized organization, OSRR will gather information pertinent to the facts for determining the appropriateness of granting GSR amnesty. This meeting will consider the available facts and documentation, including, but not limited to, the following: Documentation verifying that EMS was called, responded, and rendered medical attention; Documentation of a visit to a hospital Emergency Department; A written report from a police department, other law enforcement entity, or Campus Living; Any record of the Blood Alcohol Level/Toxicology Report as determined by medical personnel or any other relevant information.
• 2.4 Procedures for case management
  • 2.4.1 Students who receive or request on behalf of another person emergency medical attention related to the use of alcohol and/or drugs may be eligible to receive GSR amnesty. Such students should be referred to OSRR. OSRR will track each GSR amnesty request in order to maintain appropriate data and documentation. OSRR will document that the office has discussed, the potential for GSR amnesty with potentially qualified students or student organizations and/or clubs referred to it, explaining GSR and its usage, including a student or student organization’s ability to utilize the amnesty under this regulation only once in an academic school year. Additionally, OSRR will provide such students with an informational Good Samaritan letter detailing the GSR regulation specifics.

3. Effect of GSR Amnesty

• 3.1. In the discretion of OSRR, if the student qualifies for amnesty under the GSR, OSRR will refrain from charging or sanctioning the student for one or more violations of the Student Code of Conduct related to alcohol and/or drugs. As a condition of receiving medical amnesty, students may be required to successfully complete a substance use assessment through the Center for Counseling and Student Development (“CCSD”) or undergo such other educational activity or medical course of treatment as deemed appropriate by OSRR.
• 3.2. In compliance with the Family Educational Rights and Privacy Act (“FERPA”) and University policies and regulations, OSRR will notify the parent(s) or legal guardian(s) of students under the age of 21 who receive GSR amnesty related to alcohol and/or drug violations under this regulation.
• 3.3. A student may be granted GSR amnesty no more than once per academic school year. Records of all known requests for assistance in medical emergencies shall be maintained by OSRR, as outlined in section 2.4, above. In the event a student who previously received medical amnesty is involved in a subsequent conduct-related incident, the existence of a previous receipt of medical amnesty, and the circumstances involved in the previous incident, may be taken into account by OSRR when considering sanctions in subsequent conduct-related incidents. A student record of receiving GSR amnesty is not considered part of their student conduct record unless the student has subsequent or repeated violations related to alcohol and/or drugs.

4. Clubs/Organizations

• 4.1. Good Samaritan amnesty for a registered/recognized organization and/or club may be granted to the organization and/or club and/or individuals affiliated with that organization and/or club.
• 4.2. If a student representative of a university registered/recognized organization hosting an event seeks medical assistance in a medical emergency as described in section 2 above, then the club/organization may be eligible for GSR amnesty as it applies to individuals within the organization including leaders, and/or members.
• 4.3. Representatives from the organization and/or club may be required to meet with OSRR. Organizations and/or clubs and/or members qualifying for GSR amnesty under this regulation will not be charged or sanctioned for violations of the University’s alcohol and/or drug-related policies.
• 4.4. As a condition of receiving medical amnesty, such organizations and/or clubs may be required to participate in or organize an appropriate educational program to be presented to the organization and/or club members or others and/or complete such other educational activity as deemed appropriate by OSRR.
• 4.5. Organizations and/or clubs may be granted GSR amnesty no more than once per academic school year.
• 4.6. While the act of responsibly calling for prompt medical attention in compliance with this regulation may mitigate OSRR sanctions against the organization and/or club resulting from alleged Code violations that may have occurred at the time of the incident, failure to call for medical assistance in alcohol and/or drug-related emergencies may be considered an aggravating circumstance that may affect a conduct case resolution, and/or result in increased sanctions.

5. Limitations

• 5.1. The GSR applies to alcohol and/or drug- related incidents that require emergency medical attention as described in this regulation.
• 5.2. This regulation does not apply to students or registered/recognized organizations and/or clubs who are engaging in behaviors other than possession, consumption, or use of alcohol and/or drugs (including, but not limited to, driving under the influence, manufacturing/distribution/delivery of drugs, or possessing with intent to manufacture/distribute/deliver drugs.
• 5.3. This regulation does not apply to students who are engaging in sexual misconduct, relationship violence, stalking or other behaviors that would violate Title IX statues.
• 5.4. The GSR applies only to alcohol and/or drug Student Code of Conduct violations. If other prohibited conduct occurs, including, but not limited to, assault, theft, driving while impaired, property damage etc., the student(s)/ organization and/or club will be held responsible by the University and OSRR for those violations.
• 5.5. Nothing in this regulation shall prevent an individual who has enforcement obligations under state or federal law to report, charge, or take other action related to the possible criminal prosecution of any student for their conduct.