ANTI-HAZING STATUTES
The following
is a compilation of current state statutes that outlaw
hazing. Typically, statutes prohibit any willful action that
recklessly or intentionally endangers the physical health
of a student; some statutes include the mental health of
a student as well. Many statutes enumerate certain acts which
constitute hazing, i.e. sleep deprivations, forced calisthenics
and drug and alcohol use. Although a particular state may
not have enacted a specific hazing statute, often actions
that constitute hazing may be prosecuted under other criminal
statutes, such as assault or reckless endangerment statues.
In the vast majority of states, consent by the pledge or new member
is not a defense to hazing. Alabama
- § 16-1-23
Class C misdemeanor - prohibits "[a]ny willful act . which recklessly or intentionally
endangers the mental or physical health of any student." It includes any willful
act in striking, beating or maiming, as well as attempting or threatening to
do the same, and prohibits encouraging, aiding and assisting in hazing. An additional
punishment for knowing participation or knowing permission by students or institutions
is the forfeiture of and ineligibility to receive public funds and scholarships. Arkansas
- §§ 6-5-201 to 204
Class B misdemeanor - prohibits committing hazing and aiding or assisting.
This statute contains a very broad definition of hazing. Additional
punishment is the required expulsion from the educational institution
the perpetrator attends. California
- Ed. Code §§ 32050 to 32051
Hazing is defined as an initiation process likely to cause physical
harm or personal degradation. The punishment for committing or conspiring
to haze is a misdemeanor with a fine between $100 to $5,000 and/or
up to one-year imprisonment. Connecticut
- § 53-23a
Prohibits the endangerment of the health and safety of a person for
the purpose of initiation. Student organizations, in addition to
forfeiting rights at an educational institution, may be punished
by a fine not greater than $1,500 while individuals may be fined
up to $1,000. Colorado
- § 18-9-124
Class 3 misdemeanor - prohibits reckless endangerment of the health
or safety of others for the purposes of initiation. Statute became
law on July 1, 1999. Delaware
- Title 14, §§ 9301 to 9304
Class B misdemeanor. For the purposes of initiation it shall be presumed
to be a forced activity. Requires all institutions to adopt and enforce
a written anti-hazing policy. Florida
- §§ 340.262, 340.326 and 240.1325
Three separate statutes governing state universities, community colleges
and public and private colleges whose students receive state financial
aid. All institutions must adopt a written anti-hazing policy complete
with penalties. Those penalties shall be in addition to any penalty
imposed for a violation of the criminal laws of Florida. Georgia
- § 16-5-61
Misdemeanor of a high and aggravated nature - prohibits any possible
activity which endangers the physical health of a student, regardless
of a student's willing participation, in connection with initiation. Idaho
- § 18-917
Misdemeanor - prohibits members of student organizations, on or near
campuses, from engaging or conspiring to intentionally haze. Hazing
is defined as physical harm or danger, as well as the likelihood
of the same. Illinois - §§ 720
ILCS 120/5 and 720 ILCS 120/10 Class A misdemeanor unless the hazing results
in the death or great bodily harm, then Class 4 felony - prohibits the knowing
performance of an act by a person at an educational institution that is not sanctioned
by that institution, or the act results in bodily harm to any person. Indiana
- § 35-42-2-2
Misdemeanor and felony penalties depending on severity. Offers
immunity for the good faith reporting of hazing or participation
in a judicial proceeding. Hazing is defined as an act required
for membership that encompasses a substantial risk of bodily
harm. Iowa
- § 708.10
Simple misdemeanor, or if serious bodily injury results, a serious
misdemeanor. Hazing defined as forced activity that endangers the
physical health of a student for the sake of initiation. Kansas
- § 21-3434
Class B misdemeanor - prohibits intentionally encouraging another
person to perform an act, which could reasonably be expected to result
in great bodily harm, for initiation purposes. Kentucky
- § 164.375
Places the burden on universities and colleges to enact anti-hazing
policies. Penalties to be included are expulsion or suspension. Organizations,
if sponsors of hazing, may be expelled from operating on campus. Louisiana
- Title 17, § 1801
Prohibits any method of initiation that is likely to cause bodily
danger or physical punishment. Statute applies at educational institutions "supported wholly or
in part by public funds." Punishment includes fines from $10 to no more than
$100 and/or imprisonment of 10 days to no more than 30 days, in addition to expulsion
from the educational institution. Maine
- Title 20-A, § 10004 and § 6553
Applies to post-secondary, secondary and elementary levels. The penalties
and rules are to be determined by the school board or the board of
trustees, which shall disseminate the information to the students.
The secondary and elementary definition has been expanded from the
reckless endangerment standard to include harassing behavior and
the risk to school personnel.
Maryland - Article 27, § 268H
Misdemeanor with a fine not to exceed $500 or imprisonment for
not more than 6 months - prohibits reckless or intentional subjection
of students to the risk of serious bodily injury for the purpose
of initiation.
Massachusetts - Title
1, Chapter 269, §§ 17 to 19
An organizer or participant of hazing shall be fined not more
than $3,000 and/or imprisoned not more than one year. Failure
to report an incident of hazing shall be punished by a maximum
fine organizations are responsible to acknowledge annually the
receipt of notification of state hazing law.
Michigan - Anti-Hazing Act
(MCL
750.411t)
Establishes Anti-hazing Act prohibiting hazing at an educational
institution. The Act defines hazing as: an intentional,
knowing, or reckless act by a person acting alone or with
others that is directed against an individual and that
endangers the physical health or safety of the individual,
done for the purpose of pledging, being initiated into,
affiliating with, participating in, holding office in, or
maintaining membership in any organization.
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