Medical Safety Policy
If a student seeks assistance from University officials (e.g. residence hall staff) or seeks medical attention due to a level of intoxication which reasonably appears to create serious risk to the individual, the University will respond and assist the student in need.
Also, students who actively assist in obtaining assistance/medical attention for individuals who are highly intoxicated, will not receive disciplinary sanctions, BUT may receive educational sanctions, for violations of the Code of Conduct.
In lieu of disciplinary sanctions under the Student Code of Conduct, the intoxicated student (and possibly an assisting student) will be required to meet with a Conduct Officer, who may issue educational requirements such as alcohol education and/or an alcohol and substance abuse assessment.
Serious or repeated incidents will prompt a higher degree of concern and response. Failure to complete educational assignments or treatment recommendations issued under this policy will normally result in disciplinary action. The student will not be responsible for costs associated with on campus education interventions. In some cases, a letter may be sent home to the student’s parents or legal guardian.
This policy does not preclude disciplinary sanctions due to any other violations of the Code of Conduct. Likewise, this policy does not prevent action by UW Oshkosh Police (UWOPD) or other law enforcement personnel.
The UW Oshkosh Police Department fully supports the UW Oshkosh Medical Safety Policy. While the policy only provides for consideration in relation to violations of the UW Oshkosh Code of Conduct (does not grant relief from criminal, civil and legal consequences for violations of Local, State and Federal Law) the UW Oshkosh Police Department will take into consideration the totality of the circumstances in rendering a decision on formal legal action (i.e. issuing a citation).
These circumstances will be consistent with the overall Medical Safety Policy, to include but not limited to:
- health and safety of the student
- the cooperation of the student and/or witness
- past contacts with the UW Oshkosh Police Department
Unless extenuating circumstances are present, a citation relating to alcohol or drugs will not be issued to someone seeking assistance or to the person(s) assisting them.
The UW Oshkosh Medial Safety Policy applies to alcohol and drug related emergencies and is not intended to provide relief from legal consequences or administrative discipline in relation to serious crimes, to include but not limited to: all forms of assault, theft, property damage and distribution of illicit substances.
NOTE: Relief from disciplinary action will not be granted to students who do not seek medical assistance. Students who are confronted by University Staff (e.g. CA, CSO, UWOPD) will be addressed under the normal Code of Conduct and applicable laws.
See also Wisconsin Statute 125.07 (5) relating to this topic.
Student organizations are required to seek immediate medical assistance for their members or guests when any potential health risk is observed, including medical emergencies related to the use of alcohol and/or drugs.
A student organizations that seeks immediate assistance from appropriate sources will not be charged with violations of the Alcohol Policy of the Code of Conduct. The organization will be required to complete educational programming required by Judicial Officers.
The organization may be held accountable for other violations of the Code of Conduct related to the incident (e.g. endangering the health or safety of others, etc.). It is imperative that student organizations seek medical assistance for their members or guests in such an emergency situation.
Student organizations that fail to seek immediate medical assistance for members or guests in need of attention will likely be charged with violations of the Code of Conduct.
The failure to seek needed medical assistance may result in enhanced sanctions.
Immunity from Criminal Prosecution;Possession
Wisconsin Statute – Definition of “aider” & Immunity from Criminal Prosecution
- The link above talks about criminal prosecution, revocation of parole, probation, or extended supervision