SB 55/a ANTI-HAZING ACT

Sen Harold James Pope

Actions: [1] SCC/SEC/SJC/SFC-SCC [2]germane-SEC [3] DP/a-SJC

Scheduled: Not Scheduled

 Senate Bill 55 (SB 55) creates the anti-hazing act; requires a code of conduct; and a hazing prevention committee at post-secondary educational institutions. SB 55 requires an annual report. It requires hazing prevention education. SB 55  provides penalties.
 

 Senate Bill 55 (SB 55) creates the anti-hazing act; requires a code of conduct; and a hazing prevention committee at post-secondary educational institutions. SB 55 requires an annual report. It requires hazing prevention education. SB 55 provides penalties.

SECTION 1creates the Anti-Hazing Act (Act).

SECTION 2 provides definitions as used in the Act.

SECTION 3 prohibits hazing and provides penalties.
Hazing consists of any act committed as part of a person's recruitment, initiation, pledging or admission to a student organization, athletic team or living group (Group) or any pastime or amusement engaged in that causes bodily danger or physical, psychological or emotional harm to a student or other person attending a post-secondary educational institution.

Hazing does not include customary athletic events or other similar contests or competitions, practice, training, conditioning and eligibility requirements for customary athletic events. However, gratuitous hazing activities occurring as part of such customary athletic events or contests are prohibited.

B. No student or other person may intentionally haze another.

C. Whoever commits hazing is guilty of a misdemeanor.

D. Whoever commits hazing that results in substantial bodily harm to another is guilty of a fourth degree felony.

E. Any Group that permits hazing is strictly liable for damages caused to a person or property resulting from hazing. If the Group is a corporation the individual directors of the corporation may be held individually liable for damages.

F. A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships or awards for a period of time determined by the post-secondary educational institution. 

G. Any Group that knowingly permits hazing to be conducted by its members or by others subject to control shall forfeit any official recognition or approval granted by a post-secondary educational institution. 

SECTION 4 requires a code of conduct to prohibit hazing and the establishment of a hazing prevention committee. Institutional materials on student rights and responsibilities shall include a statement on the institution's anti-hazing policy.

SECTION 5 requires an annual report.
A. Beginning with the 2024-25 academic year, a public or private post-secondary educational institution shall maintain and publicly report actual findings of violations by any Group of the post-secondary educational institution's code of conduct, anti-hazing policies or state or federal laws relating to hazing or offenses related to alcohol, drugs, sexual assault or physical assault.

B. The report shall include:
(1) the name of the student organization, athletic team or living group;
(2) the date the investigation was initiated;
(3) the date on which the investigation ended with a finding that a violation occurred;
(4) a description of the incident or incidents with information specified in this subsection;
(5) the details of the sanction or sanctions imposed; and (6) the date the student Group was charged with a violation.

C. Investigations that do not result in a finding of formal violations of the student code of conduct or state or federal law shall not be included in the report. The report shall not include any personal or identifying information of individual student members and shall be subject to the requirements of the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g.

D. A post-secondary educational institution shall make reports maintained pursuant to this section available on the institution's website.

E. A post-secondary educational institution shall maintain reports as they are updated for five years and shall post them on the institution's website at least 45 calendar days before the start of each fall academic term and at least ten days before the start of all other academic terms. 

SECTION 6 requires a post-secondary educational institution shall provide hazing prevention education.
A. Beginning in the 2024 fall academic term, a post-secondary educational institution shall provide hazing prevention education to employees, including student employees, at the beginning of each academic year and for new employees at the beginning of each academic term.

B. If, as a result of observations or information received in the course of employment or volunteer service, any employee or volunteer has reasonable cause to believe that hazing has occurred, the person shall report the incident to a designated authority at the institution.

C. A person who witnesses hazing or has reasonable cause to believe hazing has occurred or will occur and makes a report in good faith may not be sanctioned or punished for the violation of hazing unless the person is directly engaged in the planning, directing or act of hazing reported. 

D. Nothing in this section shall preclude a person from independently reporting hazing or suspected hazing activity to law enforcement. 

SECTION 7 specifies requirements for social fraternity and sorority organizations. 
A. Social fraternity and sorority organizations (Organizations) shall notify a post-secondary educational institution before chartering, rechartering, opening or reopening a local chapter or operating at the post-secondary educational institution.

B. Organizations shall notify a post-secondary educational institution when the organization instigates an investigation of a local chapter for hazing or other activity that includes an element of hazing. The organization shall provide the results of such an investigation and a copy of the full findings report to the educational institution's student conduct office.

C. Beginning in the 2024 fall academic term, a local social fraternity or sorority chapter seeking to obtain or maintain registration with a post-secondary educational institution must certify in writing and provide web links to the institution showing that the landing pages of all websites owned or maintained by the local chapter contain a full list for the previous five years of all findings of violations of anti-hazing policies, state or federal laws relating to hazing, alcohol, drugs, sexual assault or physical assault or the institution's code of conduct against the local chapter.

D. Failure of a social fraternity or sorority organization to comply with this section shall result in automatic loss of recognition until such time that the organization comes into compliance with this section. 

 Senate Bill 55 (SB 55) is labeled Do Pass with the  amendments recommended by the Senate Eduction Committee as follows:

In the title of the bill and the title of section 3, “PENALTIES” is replaced with “PENALTY”. In Section 3, on page 3, Subsection D, which provides a penalty for hazing is deleted.
On page 6, Section 5 of Requirement for Annual Report, Subsection C has text inserted to provide that the report shall not be subject to the Inspection of Public Records Act, as follows:

C. Investigations that do not result in a finding of formal violations of the student code of conduct or state or federal law shall not be included in the report. The report shall not include any personal or identifying information of individual student members, is not subject to the Inspection of Public Records Act, and shall be subject to the requirements of the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g.