Section 1720-04-03-.12 - AMNESTY FOR INDIVIDUAL GOOD SAMARITANS AND STUDENTS IN NEED OF EMERGENCY MEDICAL ATTENTION(1) Background. The University of Tennessee holds paramount the health, safety, and welfare of students. Accordingly, all University students are expected to alert appropriate officials in the event of a health, safety, or welfare emergency, including, without limitation, a situation involving the abuse of alcohol or other drugs.(2) Expectations. When individual students know or reasonably should have known that other individual students are in need of emergency medical attention, the individual students are expected to: (1) contact appropriate people to report the incident and request assistance (e.g., University staff members, law enforcement), and provide those people with the names and contact information for the individual students reporting the incident and the impaired individual students; and(2) demonstrate cooperation and care by remaining with the impaired individual students and providing reasonable assistance during and after the incident. Individual students who take all of the steps described in this Section .12(2) will be referred to as a "Good Samaritan" under the Code. The individual students in need of emergency medical attention will be referred to as an "individual impaired student" under the Code.(3) Amnesty for Individual Good Samaritans. Unless individual Good Samaritans have engaged in a repeated or serious violation of the Standards of Conduct (e.g., physical or sexual assault, property destruction, disorderly behavior, theft, second incident of misconduct involving alcohol or drugs), individual Good Samaritans will not be subject to formal University disciplinary action for misconduct discovered by the University as a result of the Good Samaritan's report. While no formal University disciplinary action may be taken, the individual students who acted as a Good Samaritan may be required to meet with a University staff member to discuss the individual Good Samaritan's misconduct and adhere to appropriate remedial and/or educational recommendations.(4) Amnesty for Individual Impaired Students. Unless individual impaired students have engaged in a repeated or serious violation of the Standards of Conduct (e.g., physical or sexual assault, property destruction, disorderly behavior, theft, second incident of misconduct involving alcohol or drugs), individual impaired students will not be subject to formal University disciplinary action for misconduct discovered by the University as a result of the Good Samaritan's report. While no formal University disciplinary action may be taken, the individual impaired students may be required to meet with a University staff member, participate in educational activities, and/or establish that the individual students have addressed issues that contributed to the misconduct.(5) Application of Amnesty to Student Organizations. Student organizations, through their officers and members, are also expected to take responsible action in emergency situations. While this Section .12 may not fully apply to a student organization, adherence to steps described in Section .12(2) by a student organization's officers and/or members will be considered a mitigating factor when determining the outcome or sanction. Additionally, the University will consider a failure of officers and/or members to adhere to steps described in Section .12(2) to be an aggravating factor when determining the outcome or sanction.Tenn. Comp. R. & Regs. 1720-04-03-.12
Original rule filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Rule was originally numbered 1 72004-03-.11 but was renumbered 1720-04-03-.12 with the introduction of a new emergency rule 1720-0403-.09 filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was originally numbered 1720-04-03-.11 but was renumbered 1720-04-03-.12 with the introduction of a new rule 1 72004-03-.09 filed December 17, 2020; effective March 17, 2021. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective 8/12/2021.Authority: T.C.A. § 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.