Add Art 25 §§1300 - 1309, Ed L; rpld §§120.16 & 120.17, Pen L
Enacts hazing offenses and anti-hazing educational programs at educational institutions and requires educational institutions to maintain a public report on hazing violations.
STATE OF NEW YORK
________________________________________________________________________
963
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to enacting hazing
offenses and anti-hazing educational programs at educational insti-
tutions; and to repeal certain provisions of the penal law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 25 to
2 read as follows:
3 ARTICLE 25
4 HAZING
5 Section 1300. Definitions.
6 1301. Personal hazing offense.
7 1302. Organizational hazing offense.
8 1303. Prohibited defenses.
9 1304. Immunity from prosecution or civil liability.
10 1305. Failure to seek assistance.
11 1306. Hazing adjudication requirements for educational insti-
12 tutions.
13 1307. Educational programs at educational institutions.
14 1308. Institutional reports of certain violations.
15 1309. State anti-hazing fund.
16 § 1300. Definitions. For the purposes of this article, the following
17 terms shall have the following meanings:
18 1. The term "educational institution" means any secondary or post-sec-
19 ondary educational institution as defined in this section, including any
20 degree granting institution authorized to operate in this state.
21 2. The term "hazing" means any intentional, knowing, or reckless act
22 committed by a person, whether individually or in concert with other
23 persons, against a minor or student of an educational institution,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01240-01-3
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1 whether or not committed on the educational institution's campus or
2 property, for the purpose of recruiting, joining, pledging, initiating,
3 admitting, affiliating or for the purpose of continuing or enhancing
4 status in an organization which causes a minor or student to do any of
5 the following:
6 a. Be coerced to violate federal or state law.
7 b. Be coerced to consume any food, liquid, alcoholic liquid, drug or
8 other substance in any non-customary manner which subjects the minor or
9 student to a substantial risk of emotional or physical harm which
10 includes, but is not limited to, sickness, vomiting, intoxication or
11 unconsciousness.
12 c. Endure brutality of a physical nature, including, but not limited
13 to, whipping, beating, paddling, branding, dangerous physical activity
14 or exposure to elements or endure threats of such conduct that results
15 in verifiable mental or physical harm.
16 d. Endure brutality of a mental nature, including, but not limited to,
17 activity adversely affecting the mental health or dignity of the minor
18 or student, sleep deprivation, exclusion from social contact or conduct
19 that could result in extreme embarrassment or endure threats of such
20 conduct that results in verifiable mental or physical harm.
21 e. Endure any other forced activity which adversely affects the health
22 and safety of the minor or student.
23 3. The term "local organization" means an organization that is not
24 chartered nor recognized by a national organization.
25 4. The term "local affiliate organization" means an organization that
26 is chartered or recognized by a national organization and may include
27 students or non-students.
28 5. The term "national organization" means an organization, as defined
29 in this section, that is separate from a local affiliate organization,
30 and may charter or recognize local affiliate organizations at multiple
31 educational institutions.
32 6. The term "organization" means a club, association, corporation,
33 order, society, corps, private club, fraternity, sorority, varsity or
34 club athletic team, or service, social, or similar group, whose members
35 are primarily students or alumni of one or more educational insti-
36 tutions.
37 7. The term "post-secondary educational institution" means any public
38 or private institution within the state authorized to grant an associate
39 degree or higher academic degree.
40 8. The term "secondary educational institution" means any public or
41 private school within the state providing instruction in grades nine
42 through twelve or any combination of those grades.
43 9. The term "serious bodily injury" means a bodily injury that
44 involves any of the following:
45 a. Unconsciousness as a result of hazing of any kind.
46 b. Extreme physical pain.
47 c. Protracted or obvious disfigurement of a bodily member, protracted
48 loss or impairment of the function of a bodily member, organ or mental
49 faculty.
50 d. Death or a substantial risk of death.
51 e. Incapacitation as a result of consumption of alcohol that results
52 in a minor or student requiring emergency medical attention or having a
53 blood alcohol content of .25 or greater.
54 10. The term "student" means any person who is registered in or in
55 attendance at an educational institution or has been accepted for admis-
56 sion at the educational institution at which the hazing occurs.
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1 11. The term "alcoholic liquid" means any substance containing liquor,
2 spirit, wine, beer, malt or brewed beverage or any combination thereof.
3 12. The term "minor" means an individual younger than eighteen years
4 of age.
5 § 1301. Personal hazing offense. 1. Generally. A person commits a
6 personal hazing offense if the person requests, authorizes, commands,
7 encourages or participates in hazing, or knowingly aids, assists or
8 conspires with another person to commit a personal hazing offense
9 against a minor or student.
10 2. Personal hazing offense; no serious bodily injury. A person who
11 commits a personal hazing offense where no serious bodily injury results
12 shall be guilty of personal hazing. A person convicted of personal
13 hazing pursuant to this subdivision shall be subject to a fine of five
14 thousand dollars, imprisonment for a term of not more than one year or
15 by both such fine and imprisonment.
16 3. Personal hazing offense; serious bodily injury. A person who
17 commits a personal hazing offense where serious bodily injury results
18 shall be guilty of aggravated personal hazing. A person convicted of
19 aggravated personal hazing pursuant to this subdivision shall be subject
20 to a fine of fifteen thousand dollars, imprisonment for a term of not
21 more than ten years or by both such fine and imprisonment.
22 § 1302. Organizational hazing offense. 1. Local organization. A local
23 organization or local affiliate organization commits organizational
24 hazing when the elected leadership of the local organization or local
25 affiliate organization had specific knowledge its members were partic-
26 ipating, aiding, or assisting in any act of hazing a minor or student
27 and did not attempt to intervene to stop the hazing or report it to the
28 appropriate local authorities. A local organization or local affiliate
29 organization convicted of organizational hazing pursuant to this subdi-
30 vision shall be subject to a fine up to fifteen thousand dollars.
31 2. National organization. A national organization commits national
32 organizational hazing if an employee of the national organization or
33 member of the national organization's governing board of directors know-
34 ingly directed, supervised, or actively participated in any act of
35 hazing a minor or student. A national organization convicted of national
36 organizational hazing pursuant to this subdivision shall be subject to a
37 fine up to fifteen thousand dollars.
38 3. Post-secondary education. A post-secondary educational institution
39 commits post-secondary educational hazing if an employee of the post-
40 secondary educational institution or member of the educational insti-
41 tution's governing board of trustees knowingly directed, supervised, or
42 actively participated in any act of hazing a minor or student. A post-
43 secondary educational institution convicted of post-secondary educa-
44 tional hazing pursuant to this subdivision shall be subject to a fine up
45 to fifteen thousand dollars.
46 § 1303. Prohibited defenses. 1. The implied or expressed consent of a
47 convicted individual, convicted organization or of either a minor or
48 student whom the hazing was directed against shall not be a defense to a
49 charge pursuant to this article.
50 2. The argument that the hazing conduct was approved or sanctioned by
51 a local organization, local affiliate organization, national organiza-
52 tion, or educational institution, or was traditional or customary shall
53 not be a defense to a charge pursuant to this article.
54 § 1304. Immunity from prosecution or civil liability. 1. A student,
55 local organization, local affiliate organization or national organiza-
56 tion who in good faith reports or participates in reporting an allega-
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1 tion of hazing to local law enforcement or an educational institution in
2 advance of hazing that causes injury to a minor or student and who takes
3 reasonable steps to prevent hazing in the future shall not be subject to
4 any civil or criminal liability arising from the reported hazing.
5 2. a. A person acting in good faith and in a timely manner shall be
6 immune from prosecution for the criminal offenses related to hazing or
7 alcohol possession, consumption or distribution if:
8 (i) A law enforcement officer has contact with such person because the
9 person:
10 (1) requests emergency medical assistance for himself or herself or
11 another minor or student;
12 (2) acts in concert with another person who requests emergency medical
13 assistance; or
14 (3) appears to be in need of emergency medical assistance and is the
15 individual for whom the request is made;
16 (ii) The request is made for a minor or student who reasonably appears
17 to need medical assistance due to alcohol consumption or hazing; and
18 (iii) The person described in paragraph a of this subdivision, if
19 physically capable:
20 (1) provides his or her own full name if requested by emergency
21 medical assistance personnel or law enforcement officers;
22 (2) provides any other relevant information requested by the law
23 enforcement officer that is known to such person;
24 (3) remains with, or is, the minor or student who reasonably appears
25 to need medical assistance due to alcohol consumption or hazing until
26 professional emergency medical assistance is provided; and
27 (4) cooperates with emergency medical assistance personnel and law
28 enforcement officers.
29 § 1305. Failure to seek assistance. 1. Any person who actively directs
30 or engages in an act of hazing which results in the injury of a minor or
31 student, shall, to the extent that the person can do so without danger
32 or peril to himself or herself or others, give reasonable assistance to
33 the injured minor or student. Reasonable assistance includes immediately
34 seeking or reporting the need for medical assistance to the local emer-
35 gency medical service provider or a 911 emergency services equivalent.
36 2. A person who fails to seek assistance for an injured minor or
37 student, pursuant to subdivision one of this section, where no serious
38 bodily injury occurs shall be convicted of a misdemeanor and shall be
39 subject to a fine of one thousand dollars, imprisonment for a term not
40 more than one year or by both such fine and imprisonment.
41 3. A person who fails to seek assistance for an injured minor or
42 student, pursuant to subdivision one of this section, where serious
43 bodily injury occurs shall be convicted of a felony and shall be subject
44 to a fine of two thousand dollars, imprisonment for a term not more than
45 five years or by both such fine and imprisonment.
46 § 1306. Hazing adjudication requirements for educational institutions.
47 Upon learning of any alleged act of hazing that is not covered under
48 section thirteen hundred four of this article, an educational institu-
49 tion is required to use their standard campus disciplinary process to
50 investigate individual students alleged to be involved in such acts of
51 hazing.
52 § 1307. Educational programs at educational institutions. 1. The
53 department shall develop a statewide educational plan for preventing
54 hazing at educational institutions.
55 2. Educational institutions shall provide students with an educational
56 program on hazing which shall include information on hazing awareness,
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1 prevention, intervention, and such educational institution's policies on
2 hazing. Such educational program on hazing may be conducted in-person or
3 online. An educational institution is individually responsible for:
4 a. Verifying attendance at an in-person educational program on hazing
5 or participation on an online educational program on hazing; and
6 b. Providing staff and/or volunteers to administer and advise on such
7 educational program.
8 3. A student shall complete the educational program on hazing within
9 thirty days of enrollment at a post-secondary school or within thirty
10 days from the start of the secondary educational institution's school
11 year. A student who fails to complete such educational program on hazing
12 shall not be able to attend such educational institution or participate
13 in local organizations, affiliated local organizations or national
14 organizations until such educational program is complete.
15 4. National organizations shall provide a separate and supplemental
16 educational program on hazing for their local affiliate chapters operat-
17 ing within the state.
18 § 1308. Institutional reports of certain violations. 1. Beginning in
19 the two thousand twenty-four--two thousand twenty-five academic school
20 year each educational institution shall maintain and publicly report
21 actual findings of violations of the educational institution's code of
22 conduct or federal or state laws relating to hazing that are reported to
23 the educational institution's authorities, local law enforcement,
24 national organizations or any organization formally affiliated with such
25 educational institution. Such report shall be updated at least ten
26 calendar days before the start of each fall and spring academic semes-
27 ters.
28 2. The institutional report on violations of hazing shall include:
29 a. The name of the local organization or affiliate local organization;
30 b. When the local organization or affiliate local organization was
31 charged with a violation including if applicable:
32 (i) the dates on which the citation for a violation was issued;
33 (ii) the event that the violation occurred; and
34 (iii) if the investigation resulted in a finding of a violation, the
35 date on which the investigation on such violations was initiated and
36 concluded; and
37 c. A general description of the incident including:
38 (i) the violations charged;
39 (ii) the findings of the investigation; and
40 (iii) the sanctions placed on the local organization or affiliate
41 local organization.
42 3. No personal identifying information of a minor or individual
43 student shall be included in the institutional report on violations of
44 hazing and shall be subject to the requirements pursuant to the Family
45 Educational Rights and Privacy Act, section 1232-g of title 20 of the
46 United States code.
47 4. The institutional reports on violations of hazing required under
48 this section shall be made available on the educational institution's
49 website in a prominent location. Each educational institution shall
50 maintain reports as they are updated on the website for five years. The
51 webpage that contains such reports must include a statement notifying
52 the public:
53 a. Of the availability of additional information related to findings,
54 sanctions, and organizational sanction completion;
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1 b. Where a member of the public may obtain the additional information
2 that is not protected under the Family Educational Rights and Privacy
3 Act, section 1232-g of title 20 of the United States code; and
4 c. That the educational institution is required to provide this addi-
5 tional information pursuant to article six of the public officers law.
6 5. Each educational institution shall furnish a printed notice of the
7 nature and availability of this report and the website address where it
8 can be found to attendees at student orientation.
9 6. Each educational institution is required to report to local author-
10 ities within seventy-two hours any hazing allegation that involved
11 significant risk of bodily injury or resulted in a serious bodily inju-
12 ry.
13 § 1309. State anti-hazing fund. 1. The department shall establish a
14 fund to be known as the "state anti-hazing fund" and shall deposit into
15 the fund all moneys received pursuant to sections thirteen hundred two
16 and thirteen hundred three of this article and any other monies appro-
17 priated by law for deposit into the fund.
18 2. The department shall allocate monies available in the state anti-
19 hazing fund for the purpose of making grants to educational institutions
20 for the establishment and administration of hazing education programs as
21 described in section thirteen hundred seven of this article.
22 § 2. Section 120.16 of the penal law is REPEALED.
23 § 3. Section 120.17 of the penal law is REPEALED.
24 § 4. This act shall take effect on the first of July next succeeding
25 the date on which it shall have become a law.
