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Pennsylvania's Medical Amnesty Law

If an individual, in good faith, calls and believes they are the first to call 911, police, ambulance or campus security, gives their name and stays with the person to prevent that person’s death or serious injury, the caller is immune from prosecution for consumption or possession of alcohol and/or drugs.
 
Additionally, under Pennsylvania law if an individual calls for emergency services for a friend who needs medical assistance as a result of hazing, and that’s how law enforcement finds out about the hazing, both the student who calls for help, as well as the one who needs medical assistance, will be immune from charges for hazing if the four conditions above are met. 

Penn State Responsible Action Protocols

The safety of our students is of paramount importance, and it is critical that the university create an environment that is conducive to reporting sexual misconduct and seeking emergency assistance for hazing-related injuries and other serious medical issues. While the university does not condone underage drinking, illegal drug use, or other violations of university policy or the law, the university understands that students may hesitate to get help for themselves and others when they are worried about the potential consequences, including student conduct action. Consequently, the university has established the following protocols for those who choose to prioritize safety.  

Emergency Protocol: Alcohol and other Drugs  

A student who takes the initiative to get assistance by notifying the appropriate authorities (e.g., calling 911, alerting a resident assistant, or contacting police) AND meets one or more of the criteria below, will typically not be subject to student conduct action for their own use or possession of alcohol or other drugs.  The student will, however, be required to complete an appropriate alcohol or drug- related educational intervention; any associated fees will be waived. This protocol may be appropriate when:

  • A student seeks medical assistance for themself when experiencing an alcohol or drug overdose, or related problems.

  • A student seeks medical assistance for a peer experiencing an alcohol or drug overdose, or related problems, AND remains with that peer until the appropriate authorities arrive.

  • A student experiencing an alcohol or drug overdose, or related problems, for whom another student seeks assistance.

Students who are, or know someone who is, struggling with substance misuse are encouraged to access resources and support available through Health Promotion and Wellness, the Collegiate Recovery Community, and Counseling and Psychological Services.

Emergency Protocol: Hazing  

A student who takes the initiative to get assistance by notifying the appropriate authorities (e.g., calling 911, alerting a resident assistant, or contacting police) AND meets the criteria below, will typically not be subject to student conduct action for Hazing. The student will, however, be required to complete appropriate educational interventions to prevent the recurrence of the reported behavior. This protocol may be appropriate when:  

  • A student seeks medical assistance for a peer based on a reasonable belief that the person was in need of immediate medical attention to prevent death or serious injury;

  • The student provides their name; and

  • The student remains with that peer until the appropriate authorities arrive

At all times, students are encouraged to notify the university as soon as possible when they become aware that hazing has, or may, occur. Reports can be filed with the Office of Student Accountability & Conflict Response, or submitted anonymously to the Office of Ethics and Compliance.

Reporting Sexual Misconduct Protocol 

A student who makes a report to the University or other appropriate authority (e.g., law enforcement) about experiencing sexual misconduct, or is reporting the experience of another, will typically not be subject to student conduct action related to their own possession or consumption of alcohol or other drugs in connection with the reported incident. As appropriate, involved students may be required to complete an educational intervention to address concerns about the student’s substance use; any associated fees will be waived. 

At all times, students are encouraged to notify the university as soon as possible when they become aware that sexual misconduct has, or may, occur. Reports can be filed with the Office of Sexual Misconduct Prevention & Response, or submitted anonymously to the Office of Ethics and Compliance

 When student exhibits a pattern of problematic and/or high-risk behavior, or when the behavior involves other serious alleged violations of the Student Code of Conduct, the university may determine it is appropriate to initiate formal student conduct action in lieu of, or in addition to, these protocols. 

Contact

Office of Student Accountability and Conflict Response
120 Boucke Building 
325 Pollock Rd.
University Park, PA 16802

Health Promotion and Wellness
001P Intramural (IM) Building
679 Curtin Rd.
University Park, PA 16802