STUDENTS: HAZING [LAW]
1. Definitions
A. “Educational
institution” – includes a public or private high school.
B. “Pledge”
– means any person who has been accepted by, is considering an offer or
membership from, or is in the process of qualifying for membership in an
organization.
C. “Pledging”
– means any action or activity related to becoming a member of an organization.
D “Student”
– means any person who:
(1) Is registered in or in attendance at an
educational institution;
(2) Has been
accepted for admission at the educational institution where the hazing incident
occurs;
(3) Intends to
attend an educational institution during any of its regular sessions after a
period of scheduled vacation.
E. “Organization”
– means a fraternity, sorority, association, corporation, order, society,
corps, club, or service, social or similar group, whose members are primarily
students.
F. “Hazing” – means
any intentional, knowing, or reckless act, occurring on or off the campus of an
educational institution, by one person alone or acting with others, directed
against a student, that endangers the mental or physical health or safety of a
student for the purpose of pledging, being initiated into, affiliating with,
holding office in, or maintaining membership in an organization. The term includes:
(1) Any type of
physical brutality, such as whipping, beating, striking, branding, electronic
shocking, placing of a harmful substance on the body, or similar activity;
(2) Any type of
physical activity, such as sleep deprivation, exposure to the elements,
confinement in a small space, calisthenics, or other activity that subjects the
student to an unreasonable risk of harm or that adversely affects the mental or
physical health or safety of the student;
(3) Any activity
involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or
other substance that subjects the student to an unreasonable risk of harm or
that adversely affects the mental or physical health or safety of the student;
(4) Any activity
that intimidates or threatens the student with ostracism, that subjects the
student to extreme mental stress, shame, or humiliation, that adversely affects
the mental health or dignity of the student or discourages the student from
entering or remaining registered in an educational institution, or that
reasonably may be expected to cause a student to leave the organization or the
institution rather than submit to the acts described;
(5) Any activity
that induces, causes, or requires the student to perform a duty or task that
involves a violation of the Texas Penal Code.
2. Personal
Hazing Offense
A. A
person commits an offense if the person:
(1) Engages in hazing;
(2) Solicits,
encourages, directs, aids, or attempts to aid another in engaging in hazing;
(3) Recklessly
permits hazing to occur;
(4) Has firsthand knowledge of the planning of a specific hazing
incident involving a student in an educational institution, or has firsthand
knowledge that a specific hazing incident has occurred, and knowingly fails to
report the knowledge in writing to the principal or other appropriate officials
of the institution.
B. The
offense for failing to report is a Class B misdemeanor.
C. Any other
offense that does not cause serious bodily injury to another is a Class B
misdemeanor.
D. Any
other offense that causes serious bodily injury to another is a Class A
misdemeanor.
E. Any
other offense that causes the death of another is a state jail felony.
3. Organization
Hazing Offense
A. An organization commits an offense if
the organization condones or encourages hazing or if an officer or any
combination of members, pledges, or alumni of the organization commits or assists
in the commission of hazing.
B. An
organization offense is a misdemeanor punishable by:
(1) A fine
of not less than $5,000 nor more than $10,000; or
(2) If the court finds that the offense caused personal injury,
property damage, or other loss, a fine of not less than $5,000 nor more than
double the amount lost or expenses incurred because of the injury, damage, or
loss.
4. Consent
not a Defense
It is not a defense to prosecution of a hazing offense
that the person against whom the hazing was directed consented to or acquiesced
in the hazing activity.