Requires colleges to educate the campus community on bias-related crime, hazing, underage drinking and illegal drug use; expands authority of colleges to regulate conduct by college and student government organizations and clubs, athletic teams and clubs, alumni organizations, fraternities, sororities, and any other organization that has access to and use of the college facilities; requires colleges to adopt rules prohibiting hazing, underage drinking and illegal drug use; requires colleges to inform incoming students of and to train residence hall staff in the prohibitions against hazing, underage drinking and illegal drug use; requires colleges to establish penalties for hazing, underage drinking and illegal drug use.
STATE OF NEW YORK
________________________________________________________________________
4785
2009-2010 Regular Sessions
IN ASSEMBLY
February 6, 2009
___________
Introduced by M. of A. MORELLE, BARRA -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to hazing, serving alco-
hol to minors and illegal drug offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 6430 of the education law, as
2 amended by chapter 75 of the laws of 2004, is amended and a new subdivi-
3 sion 7 is added to read as follows:
4 1. The trustees or other governing board of every college chartered by
5 the regents or incorporated by special act of the legislature and which
6 maintains a campus, unless otherwise provided, shall adopt written rules
7 for implementing all policies required pursuant to this article and for
8 the maintenance of public order on college campuses and other college
9 property used for educational purposes and provide a program for the
10 enforcement thereof. Such rules shall prohibit, among other things, any
11 action or situation which recklessly or intentionally endangers the
12 mental or physical health [or involves the forced consumption of liquor
13 or drugs for the purpose of initiation into or affiliation with any
14 organization] of any individual. Such rules shall govern the conduct of
15 students, faculty and other staff as well as visitors and other licen-
16 sees and invitees on such campuses and property. The penalties for
17 violations of such rules shall be clearly set forth therein and shall
18 include provisions for the ejection of a violator from such campus and
19 property, in the case of a student or faculty violator his or her
20 suspension, expulsion, or other appropriate disciplinary action, and in
21 the case of an organization which authorizes such conduct, recision of
22 permission for that organization to operate on campus property. Such
23 penalties shall be in addition to any penalty pursuant to the penal law
24 or any other law to which a violator or organization may be subject.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08441-01-9
A. 4785 2
1 7. For the purposes of this article, organizations shall include, but
2 not be limited to, recognized college or student government organiza-
3 tions or clubs, alumni organizations, athletic teams and clubs, frater-
4 nities and sororities or any campus or university organization or group
5 that has access to and use of college facilities.
6 § 2. Paragraphs a and c of subdivision 3 of section 6431 of the educa-
7 tion law, as added by chapter 597 of the laws of 2003, are amended to
8 read as follows:
9 a. educating the campus community, including security personnel and
10 those persons who advise or supervise students, about sexual assault,
11 bias related crime, hazing, underage drinking and illegal drug use
12 pursuant to section sixty-four hundred thirty-two, section sixty-four
13 hundred thirty-eight and section sixty-four hundred thirty-nine of this
14 article;
15 c. reporting sexual assaults, hazing, and bias related crime incidents
16 and dealing with victims during investigations;
17 § 3. The education law is amended by adding two new sections 6438 and
18 6439 to read as follows:
19 § 6438. Hazing information and prevention. 1. Each college shall adopt
20 rules that prohibit conduct which intentionally or recklessly involves
21 the forced consumption of alcohol or drugs, or any other behavior that
22 may endanger the mental or physical health and safety of individuals.
23 2. Each college shall inform incoming students about prohibitions on
24 hazing through programs which may include workshops, seminars,
25 discussion groups and media presentations, in order to disseminate
26 information about hazing, promote discussion, encourage reporting of
27 incidents of hazing and facilitate prevention of such incidents. Such
28 information shall include, but not be limited to:
29 a. the applicable laws, ordinances and regulations regarding hazing,
30 including the penalties for violation under law;
31 b. the procedures and penalties in effect at the college for dealing
32 with hazing; and
33 c. the availability of counseling and other support services for the
34 victims of hazing.
35 3. Each college shall develop policies for the training of appropriate
36 staff, including, but not limited to, resident life staff, coaches and
37 other personnel regarding hazing and the procedures for enforcing and
38 reporting such incidents to the proper college officials.
39 4. Each college shall review disciplinary procedures pertaining to all
40 organizations as defined by subdivision seven of section sixty-four
41 hundred thirty of this article. Such penalties may include, but not be
42 limited to, the revocation of such organization's right to operate on
43 such campus, use campus facilities or be recognized by the college or
44 university. Where such organization is a fraternity or sorority,
45 commonly identified as a Greek letter organization, such penalties may
46 include, but not be limited to, the withdrawal of the recognition of
47 such organization from such campus.
48 5. College rules may include provisions for the disciplinary action of
49 students who fail to report known instances of hazing and immunity from
50 college disciplinary action for good faith reporting of hazing.
51 § 6439. Alcohol and drug abuse information and prevention. 1. Each
52 college shall inform incoming students about prohibitions on underage
53 drinking and substance abuse through programs which may include work-
54 shops, seminars, discussion groups and media presentations in order to
55 disseminate information about underage drinking and substance abuse,
A. 4785 3
1 promote discussion, and facilitate prevention of such incidents. Such
2 information shall include, but not be limited to:
3 a. the applicable laws, ordinances and regulations regarding underage
4 drinking and illegal drug use, including the penalties for violation
5 under law;
6 b. the procedures and penalties in effect at the college for dealing
7 with underage drinking and drug use; and
8 c. the availability of counseling and other support services for
9 substance abusers.
10 2. Each college shall develop policies for the training of appropriate
11 staff, including, but not limited to, resident life staff, coaches and
12 other personnel regarding underage drinking and drug and alcohol abuse
13 and the procedures for enforcing and reporting such incidents to the
14 proper college officials.
15 3. Each college shall review current disciplinary procedures pertain-
16 ing to all organizations as defined by subdivision seven of section
17 sixty-four hundred thirty of this article and may provide additional
18 penalties regarding illegal drug use and underage drinking.
19 § 4. This act shall take effect on the first of July next succeeding
20 the date on which it shall have become a law.
