The UF Medical Amnesty Policy is a bunch of a bullshit.

2011-06-03T09:38:00.000-07:00

Dear Readers,

Let it be known, I have a tremendous amount of respect for the University of Florida administration. I view them as extremely capable and very adept at what they do. The latest impressively useless endeavor to be paraded through the upper education media is the University's Medical Amnesty Policy. In this post, I'll explain what an incredible load of shit this policy is.

But first, a procedural background. When good old President Bernie came to town, he cracked the fuck down on alcohol after a few students died due to alcohol abuse. In a classic case of mistaking correlation for causation, Bernie went to war on the city's bars and clubs. The heat turned up when we were named the #1 party school, and Jeanna Mastrodicasa (simultaneously the Assistant Vice President of Student Affairs and a Gainesville City Commissioner) turned up the heat. Finally, the most recent move in this tragically misguided crackdown was the underage drinking law that prohibited clubs and bars from having people under 21 in their establishments whatsoever once they reached a certain threshold of violations.

The reason I label the attempts as misguided is because these policies don't take into account the evidence that shows that most drinking underage kids do is outside of a bar or club. The UF Administration needs to realize that college-age adults between the ages of 18 and 20 are going to consume alcohol. Period. It doesn't matter what the law is, it doesn't matter how difficult you make it. It will happen. Until there is a cultural stigma against legal adults drinking, none of this will change. Without getting into why a drinking age of 21 is bad policy, dangerous, and unfair, the crackdown on bars and clubs simply doesn't make sense.

So, in a seemingly enlightened and surprising about face, the University started treating alcohol abuse as a medical issue rather than a criminal one (as it should), and enacted a Medical Amnesty Policy (MAP) that negates all Student Conduct penalties for alcohol or drug policy violations that arise from a genuine attempt to seek medical attention.

But wait, what's all this fine print? Shouldn't the policy just say, "If someone is in danger as a result of drug or alcohol consumption, no one will get in trouble when they report it." Instead, we have a very detailed and long statement of policy. (You can read the full policy here) What gives?

The answer is that this policy is a genius collaboration of PR specialists, educators, and legal experts, in that it does approximately nothing while sounding like it makes you totally safe.

First, let's look at what it applies to. Direct quote:

UF students who initiate and seek assistance and/or medical treatment on behalf of him- or herself, another student, or a friend experiencing an alcohol and/or other drug related emergency.
UF students' use of alcohol or drugs where medical attention is needed.
UF students who are a victim of sexual assault and have also engaged in underage alcohol consumption.

Oh ok, so you won't prosecute rape victims for being drunk while they were raped. How incredibly gracious of you, UF! I tried to find an article talking about how ridiculous it would be to punish an underage consumer of alcohol that has been sexually assaulted, but no one has even bothered to write one. But thanks, UF, it's good to know that you think rape is punishment enough without having to be put on the same level as dorm pot-smokers and people who stand on the bleachers are football games. Idiots.

Under #2, people who are so incapacitated by drugs or alcohol to the point where they need emergency medical attention would not get in trouble for reporting it themselves. Think about that one for a second. If you are so incapacitated. That you need. Medical attention. You would not get in trouble for reporting it. So if you're unconscious, vomiting, and turning blue, make sure you have the presence of mind to call 911!

The truth of this situation, though, is that UF knows that in the vast majority of cases, it will be some independent third party that will be calling 911. The true difference that this policy makes is under #1, that you will be given an immunity of sorts regarding your activities surrounding a report during "an alcohol and/or other drug related emergency." Now, those of us who know a little bit about legal processes know has easily immunity can be revoked. Most notably, there's no guarantee of amnesty here under a certain set of conditions. It's up to the Dean of Students office to evaluate that you qualify without giving you a set of requirements for qualifying. In short, it's bullshit.

Most notably though, the problem with this policy is who it DOESN'T apply to. It doesn't apply to people who might have been involved in some way in the party, whether it was by providing the alcohol, attending the party, or providing the house/apartment where it happened. None of these people are protected. A small sampling of scenarios that this policy doesn't cover.

* If your friend needs medical attention from drugs/alcohol and you're at a house party, the hosts/organizers of that party are not protected.

* If your friend gets drunk and injures themselves in some way, and seek medical attention for that injury, the medical amnesty policy doesn't technically apply.

* If you decide to try drugs with a friend, you provide it for them, and then they need medical attention, the UF policy specifically says that you're not covered by medical amnesty, and will get in trouble for providing the substance in the first place.

* Even if you do get medical amnesty under the Student Conduct code, the University can still report all of your activities for state prosecution, federal prosecution, or local ordinance violation. Under the policy they say, "The Medical Amnesty Policy only applies to the UF Student Code of Conduct, Housing & Residence Education Community Standards, and Greek Life policies. It does not prevent or preclude police or other legal actions." So, you can still be reported and prosecuted as a result of Statute 562.11 - Selling, giving, or serving alcoholic beverages to persons under age 21, Statute 562.111 - Possession of alcoholic beverages by persons under age 21 prohibited, Statute 768.125 - Liability for injury or damage resulting from intoxication, Statute 856.011 - Disorderly Intoxication, or Statute 856.015 - Open House Parties. But don't take my word for it, this is just a few of the violations that UF SAYS THEY WILL REPORT YOU FOR under their alcohol policy. This is the most telling evidence to me that shows that UF really doesn't give a fuck about student health. If they did, they would give full immunity to anyone involved in an incident that gets reported as a medical emergency with drugs or alcohol, and they would agree to not report any related criminal activity (with some limits). Instead, they are more interested in publishing a policy that looks good to the media and parents, but upon further investigation is really a whole lot of public relations dithering.

UF, you should be ashamed of yourselves.

*Finally, and perhaps the most obvious evidence that UF is just trying to trick kids into reporting each other, is their "Student Organization" section. This is a thinly veiled reference to Fraternities and Sororities, which face harsh organizational sanctions if they get convicted (read: accused=convicted) of alcohol policy violations. So, if you're at a frat party, don't worry about getting them in trouble if your friend is too drunk, doing an "act of responsibility might mitigate potential Student Conduct Code consequences!" Wow! Might mitigate? How stupid does the administration think that its students are? The University knows full well that it has a myriad of ways to screw you over with a violation of alcohol policy.

Using this policy, the University is hoping to avoid situations like the unfortunate one that happened to UF Student and Delta Delta Delta sister Molly Ammon. But, based on a careful examination of their sham of a Medical Amnesty Policy, it's obvious that UF is more disturbed by this situation because of the effect on its reputation than its revelation of a glaring threat to student safety. Until UF makes it clear that it's not interested in getting people in trouble and instead wants people to be healthier, it makes more sense on an individual level to hope that you don't get caught when something goes wrong while drinking, and stay quiet about it. Until UF starts caring more about its students than its reputation, I fear that we haven't seen the last student to die as a result.

Don't be stupid, if someone is in danger, get them the help they need. But if you feel that moment of hesitation in a friend's bathroom, behind a fraternity house, or the front lawn of Swamp, I don't blame you.

UF, you disgust me.

-CC

Criser Confidential

The UF Medical Amnesty Policy is a bunch of a bullshit.