
Judicial Affairs
Medical Amnesty Policy (MAP) Frequently Asked Questions:
If you or a friend is exhibiting symptoms of alcohol poisoning, seek help immediately. When in doubt, get help. Be aware of the signs of alcohol poisoning.
History of the policy
As student health and safety are our primary concern, the College established a new policy in the Spring of 2007 to address situations where a student may require medical attention as a result of overconsumption of alcohol. Recognizing that students may hesitate to call for help for fear of consequences under our Student Code of Conduct, the College’s Medical Amnesty Policy provides that students who call for medical attention in an alcohol-related emergency will be granted amnesty from College disciplinary charges if they proactively seek medical attention.
We believe that students’ sole concern in these situations should always be the safety of themselves and their fellow students; thus we always recommend that you call for assistance if you believe it is warranted. No student wants to bear the burden of failing to act when they or someone they know needs help. It is our hope that this policy will facilitate requests for medical help knowing that the College will not impose disciplinary consequences if assistance is proactively sought.
Tips for Success
1) When in doubt, call! Safety is William and Mary’s primary concern. If you are uncertain if your friend needs help, it is better to be safe than sorry.
2) When help arrives, be cooperative. Be honest with an RA or police officer, follow their instructions, and assist them if necessary.
3) Know the signs of an alcohol-related emergency.
What is the Medical Amnesty Policy?
The Medical Amnesty Policy is a college-wide policy designed to encourage students to seek medical attention in an alcohol related emergency. To achieve this outcome, the policy states that:
“If an individual seeks medical attention due to his/her level of intoxication, the Dean of Students Office will not pursue judicial sanctions against the student for violations of the Alcohol Beverage Policy of the Code of Conduct. Additionally, those students who assist in obtaining medical attention for individuals who are intoxicated will not receive judicial sanctions for violations of the Alcohol Beverage Policy of the Code of Conduct.
In lieu of student judicial sanctions, the intoxicated student (and possibly the referring student) will be required to meet with a member of the Dean of Students Office who may issue educational requirements such as alcohol education, counseling, and/or an alcohol and substance abuse assessment.”
In what situations does the Medical Amnesty Policy apply?
In order to receive Medical Amnesty, students must use the policy proactively. This means that students must take the initiative to get assistance from a Residence Life official (RA) or a William and Mary Police (WMPD) Officer. Asking for medical amnesty after being confronted by an administrative official or police officer for alcohol policy violations will not result in application of the Medical Amnesty Policy.
To what College offices does this policy apply?
The policy applies to the Dean of Students Office in its application of the Code of Conduct. If the Dean’s office receives a report where the student (or others on his or her behalf) affirmatively seeks medical attention, the Dean of Students office will act according to the Medical Amnesty Policy.
The policy does not apply to WMPD officers; however, in a situation where a WMPD officer is called to assist a student, the officer may refer the student to the Dean’s office rather than arrest the student if the officer believes the student is safe to be returned to the care of him or herself. In cases where the student is being disruptive or committing other violations, the officer will evaluate the situation and act accordingly; this may lead to the arrest of the student. If the officer does not believe the student is safe on his or her own (due to a high level of intoxication), the student will be given the option to go to the Emergency Room. If the student refuses this option, the officer may arrest the student so that the student can remain safely in custody until he or she is no longer a safety risk.
The MAP does not apply to City of Williamsburg Police; accordingly, the Williamsburg PD will act in the manner they believe is appropriate based on each individual situation.
After receiving amnesty under the policy, what are my responsibilities?
The referred student is required to meet with a member Dean of Students Office who may issue educational requirements such as alcohol education, counseling, and/or an alcohol and substance abuse assessment and treatment. At the discretion of the Dean of Students Office, the referring student may also be required to meet and perform similar educational obligations. Failure by the student either to attend a Dean of Students meeting or to complete the assigned education and/or assessment may result in charges of Failure to Comply with Directions under the Student Code of Conduct.
Why does the Dean's office issue educational requirements in Medical Amnesty Policy cases?
The College believes that if a student requires medical attention for overconsumption of alcohol, the College has a duty to use the situation as an opportunity to educate the student on alcohol-related issues, College policy, and the law and to help the student make safer, more appropriate choices in the future. In these situations, the student has come to the attention of the College because he or she consumed so much alcohol that the situation became a medical emergency. We believe it would be irresponsible of the College not to use the situation as an opportunity for the student to learn safer alternatives and better habits for the future.
What does the College consider to be an alcohol-related emergency?
If in doubt, call for help. Contact an RA or WMPD. There is no “level” of emergency that a situation must match in order to receive Medical Amnesty. Alcohol impairs proper judgment and so the College implores students to seek assistance in situations of uncertainty. It is better to be safe than sorry when it comes to someone’s health and well-being. Help uphold William and Mary’s tradition of community members looking out for one another. The Dean of Students Office encourages students to seek help in any situation in which students are unsure of the health/safety of an individual.
What Code of Conduct violations does the policy cover?
All individual violations of the Alcohol Beverage Policy are covered. This includes, but is not limited to, providing alcohol to underaged persons, underage possession, underage consumption, public intoxication, and exceeding room occupancy limits.
What Code of Conduct violations are not covered under by the policy?
Violations of the Code of Conduct unrelated to the Alcohol Beverage Policy are not covered by the Medical Amnesty Policy. This includes, but is not limited to, destruction of campus property, vandalism, assault, sexual misconduct, and illicit drug use. Additionally, the Medical Amnesty Policy does not prevent action by city, county, or state law enforcement.
How does the policy apply to student organizations?
The Medical Amnesty Policy applies partially to student organizations. Student organizations do not receive the complete amnesty that individuals receive under the policy. Nevertheless, use of the policy will mitigate any sanctions resulting from the organization’s violation of the Alcohol Beverage Policy. Likewise, failure to use the policy in applicable situations could result in harsher sanctions.
Why is there a different standard for student organizations?
Because student organizations inherently have multiple members, they are held to a higher standard. Collective judgment should result in fewer situations necessitating use of the policy. Accordingly, communal failure to use the policy could result in more severe judicial sanctions.
How many times can individuals use the policy?
There is no limit to the number referrals a student may give or receive. However, serious or repeated incidents will prompt a higher degree of concern and therefore a higher level of educational response. Extreme situations may result in the Dean of Students recommending a Medical Withdraw (as opposed to a Judicial Withdrawal under normal sanctions) or applying the College's Medical Emotional Emergency Protocal.
What happens if WMPD respond first instead of an RA?
Provided that the student is actively seeking assistance for him/self or his/her peer, the Medical Amnesty Policy is still in effect. William and Mary Police refer incidents to Dean of Students Office and the case will be handled as if an RA responded. As safety is the primary concern of WMPD, the police first will determine the student’s level of intoxication. If the officer believes the student cannot be safe on his or her own, the officer will give the student a choice of whether to go to the hospital. If the student refuses to go to the hospital, the officer must take him or her into custody for safekeeping. If the student is disorderly, uncooperative, or dangerous, then the student can expect the officer will arrest him or her and take the student into custody. In the last scenario, in which belligerent student behavior demands an arrest, amnesty will not apply.
Still have questions about the Medical Amnesty Policy? Please contact:
Chair of the Alcohol and Substance Abuse Task Force:
Anne H. Arseneau
Associate Director of Student Activities
Student Activities Office
(757) 221-3273
Dean of Students Office Representative:
Dave Gilbert
Associate Dean of Students
Director of Judicial Affairs
Dean of Students Office
(757) 221-2510