Committee Substitute February 3, 2025 in SEC:

The Senate Education Committee Substitute for Senate Bill 10 (SECcs/SB 10) establishes a new section of law titled the Anti-Hazing Act, which applies to public and private post-secondary educational institutions. The bill defines hazing as any intentional, knowing, or reckless act committed in connection with initiation, affiliation, or membership in an organization that results in physical injury, mental harm, or degradation of a student, regardless of the student’s willingness to participate.

SECcs/SB 10 makes hazing a misdemeanor offense and imposes criminal liability on individuals, student organizations, and their leadership if hazing results in harm. Organizations found responsible for hazing may face civil penalties and the forfeiture of official recognition. Students found guilty of hazing will lose eligibility for state-funded scholarships, grants, or financial aid for a period determined by their institution.

The bill requires post-secondary institutions to incorporate anti-hazing policies into their student codes of conduct. Institutions must establish a hazing prevention committee composed of students, faculty, and parents to oversee prevention efforts. Beginning in the fall 2025 academic term, institutions must provide hazing prevention education to students, faculty, and staff. The training must cover hazing awareness, prevention strategies, and institutional policies, and must be included in student orientation programs.

Post-secondary institutions must also publish an annual report detailing hazing violations by student organizations, athletic teams, and student living groups. Reports must include the names of organizations found responsible, descriptions of violations, disciplinary actions taken, and timelines of investigations. Institutions must maintain these reports for at least five years and make them publicly accessible online.

The bill imposes specific reporting requirements for fraternities and sororities, requiring them to notify institutions when investigating local chapters for hazing-related violations. National fraternity and sorority organizations must disclose findings of hazing violations and related disciplinary actions on their websites for at least five years. Organizations that fail to comply will lose institutional recognition until they meet reporting obligations.

SECcs/SB 10 also establishes penalties for failure to report hazing. Faculty members, coaches, and administrators who knowingly fail to report hazing incidents will face misdemeanor charges. The bill grants concurrent jurisdiction to the state attorney general and local district attorneys to prosecute hazing-related offenses.

Implications
SECcs/SB 10 significantly strengthens hazing prevention efforts by creating criminal penalties, institutional accountability measures, and mandatory reporting requirements. The bill establishes clear legal consequences for individuals, student organizations, and institutions that fail to prevent or report hazing. By requiring hazing prevention education for students, faculty, and staff, the bill aims to reduce the prevalence of hazing incidents at New Mexico’s colleges and universities.

Post-secondary institutions will face administrative costs associated with developing hazing prevention training programs, creating hazing prevention committees, and maintaining annual reports. Schools may need to hire additional staff or contract external experts to implement hazing education initiatives and compliance monitoring. Institutions that fail to enforce anti-hazing policies could face reputational harm and potential liability if hazing incidents occur on campus.

The mandatory public reporting requirement ensures transparency and accountability, but it may also create legal and privacy concerns regarding how student organization violations are disclosed. Institutions must carefully balance transparency with student privacy protections under federal and state law.

For fraternities, sororities, and student organizations, SECcs/SB 10 imposes strict compliance requirements. The public reporting mandate for hazing-related violations may deter national organizations from expanding their chapters in New Mexico. Some organizations may argue that the mandatory disclosure of violations creates an unfair public record, particularly for incidents where corrective actions have been taken.

The criminal penalties for hazing and failure to report hazing establish one of the strongest anti-hazing laws in the country. Institutions must ensure that faculty, staff, and student leaders understand their legal obligations under the bill. The loss of scholarships and state financial aid for students found guilty of hazing introduces an additional deterrent but may also disproportionately impact lower-income students who rely on state-funded financial assistance.

By requiring public and private institutions to comply, SECcs/SB 10 creates a uniform anti-hazing policy across all post-secondary institutions in New Mexico. Institutions will need guidance from the Higher Education Department to implement training programs, disciplinary policies, and reporting mechanisms in a way that meets legal and compliance requirements.

Summary of Key Changes and Potential Impact
The most significant change in SECcs/SB 10 is the narrowing of reporting requirements to focus exclusively on hazing, rather than including alcohol, drug, sexual assault, and physical assault violations. This change reduces institutional reporting burdens but may weaken transparency regarding other serious student conduct issues.

SECcs/SB 10 strengthens criminal enforcement by adding penalties for faculty, staff, and administrators who fail to report hazing and clarifying prosecution authority for district attorneys and the attorney general. The bill also removes rigid committee structure requirements, allowing institutions to design their own hazing prevention committees instead of following a prescribed six-member format.

The effective date is accelerated in SECcs/SB 10, requiring faster implementation of training programs and compliance measures. The bill retains financial aid penalties for students convicted of hazing but introduces a process for reinstatement if certain conditions are met.