FROM: Nicholas Burbules, Chair, Conference on Conduct Governance
DATE: March 9, 2000
RE: Proposed New Rule 8.5 on Mandatory Assessment and Revisions to Rules 16 and 17
The CCG has worked closely with William Riley, Dean of Students, and with Patricia Askew, Vice Chancellor for Student Affairs, to draft language for the Code that would address the problem of students incapacitated by drugs or alcohol to the extent that transportation to a hospital is necessary.
Should this new language be adopted, Rule 16 ought then to be amended to add a section D that reads,
D. Drug use resulting in incapacitation that requires transportation to the hospital by emergency medical personnel, or refusal to accept such transportation when it is recommended by emergency medical personnel, can trigger a mandatory assessment (see Rule 8.5).
And Rule 17 ought to be amended to add a section E that reads,
E. Alcohol use resulting in incapacitation that requires transportation to the hospital by emergency medical personnel, or refusal to accept such transportation when it is recommended by emergency medical personnel, can trigger a mandatory assessment (see Rule 8.5).
cc: William Riley, Dean of Students
Patricia Askew, Vice Chancellor for Student Affairs
- Rule 8.5 MANDATORY ASSESSMENT
- A. An assessment of a student can be mandated by the Director of McKinley Health
- Center (Director) if:
- 1. a student becomes incapacitated as the apparent result of alcohol or other drug
- use; and
- 2. emergency medical personnel are summoned to transport the student to a
- hospital for emergency care; and
- 3. the student is in fact transported to the hospital for emergency medical care or
- refuses to accept such transportation when recommended by the emergency
- medical personnel.
- B. Procedures
- 1. The attending or responsible University employee who becomes aware of facts
- stated in subsection A must notify the Director of the student's name and the
- circumstances of the student's incapacitation. Other individuals (for
- example, the city Police Department or Certified Staff) may submit to the
- Director reports of student emergency transportation or refusal to accept
- such transportation.
- 2. If the Director becomes aware of facts stated in subsection A (through a
- notification under subsection B1 or otherwise), the Director will decide
- whether to require the student to undergo a mandatory assessment.
- 3. If the Director decides that the student should be required to undergo a
- mandatory assessment, the Director shall so notify the student.
- 4. After notification under subsection B3, and unless successfully appealed under
- subsection D, the student must undergo an assessment conducted at the
- direction of the Director.
- C. If the student completes the assessment, the results of the assessment conducted
- under subsection B4 and the fact that an assessment was conducted are
- confidential medical information and may not be disclosed without consent of the
- student and may not form the basis of a disciplinary proceeding or any other
- sanction imposed by the University. If the student fails to complete the
- assessment, the Director may disclose that fact to the Dean of Students.
- D. Appeals
- If the student disagrees with the decision of the Director directing a mandatory
- assessment, the following rules apply:
- 1. the student may appeal the Director's decision to the Dean of Students;
- 2. such an appeal must be submitted in writing within three business days after
- receipt by the student of the notice by the Director;
- 3. the Dean of Students (or the Dean's designee) shall convene a hearing within five
- business days after receipt of the appeal;
- 4. prior to the hearing, the student shall be entitled to review the information
- leading to the referral;
- 5. at the hearing the Dean or designee shall review all relevant evidence to
- determine whether to uphold the mandatory assessment directive. The
- student may be assisted at the hearing by any person chosen by the student.
- The decision of the Dean or designee shall be final.