House Bill 739

AN ACT TO REQUIRE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO DEVELOP AND ADOPT A UNIFORM HAZING POLICY FOR ALL POSTSECONDARY EDUCATION INSTITUTIONS; TO REQUIRE POSTSECONDARY EDUCATION INSTITUTIONS TO ADOPT SUCH POLICY; TO AUTHORIZE SUCH INSTITUTIONS TO AMEND SUCH POLICY WITH LIMITATIONS; TO REQUIRE INSTITUTIONS TO PROVIDE INFORMATION RELATIVE TO HAZING AT ORIENTATION; TO REQUIRE CAMPUS ORGANIZATIONS TO PROVIDE INFORMATION RELATIVE TO HAZING; TO DEFINE CERTAIN TERMS; TO AMEND SECTION 37-111-11, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO BRING FORWARD SECTION 97-3-105, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Hazing in any form, or the use of any method of initiation into organizations in any postsecondary education institution supported wholly or in part by public funds, which is likely to cause bodily danger or physical punishment to any student or other person attending any such institution is prohibited.

(2) Whoever violates the provisions of this section shall be expelled, suspended or dismissed from the postsecondary education institution and not permitted to return for at least one (1) semester, quarter, or comparable academic period. In addition, the person violating the provisions of this section, may also be subject to the provisions of Section 97-3-105, which provides penalties for certain hazing activities.

(3) If an organization has taken disciplinary action against one of its members for hazing or has reason to believe that any member of the organization has participated in an incident of hazing, the organization shall report the incident to the institution with which it is affiliated. If an organization or any of its members has been disciplined by a parent organization for hazing, the organization shall report the hazing for which the organization was disciplined to the institution with which it is affiliated.

(4) For purposes of this act, the following terms shall have the meaning ascribed herein, unless the context clearly requires otherwise:

(a) "Postsecondary education institution," "education institution" and "institution" mean any postsecondary education institution in this state supported wholly or in part by public funds.

(b) (i) "Hazing" means any intentional, knowing or reckless act by a person acting alone or acting with others that is directed against another when both of the following apply:

1. The person knew or should have known that such an act endangers the physical health or safety of the other person or causes severe emotional distress;

2. The act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization.

(ii) "Hazing" includes, but is not limited to, any of the following acts associated with pledging, being initiated into, affiliating with, participating in, holding office in or maintaining membership in any organization:

1. Physical brutality, such as whipping, beating, paddling, striking, branding, electric shocking, placing of a harmful substance on the body, or similar activity.

2. Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects the other person to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual or causes severe emotional distress.

3. Activity involving consumption of food, liquid, or any other substance, including but not limited to an alcoholic beverage or drug, that subjects the individual to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual or causes severe emotional distress.

4. Activity that induces, causes or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.

5. A physical activity that is normal, customary, and necessary for a person's training and participation in an athletic, physical education, military training, or similar program sanctioned by the postsecondary education institution is not considered "hazing" for purposes of this section.

(c) "Organization" means a fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team or similar group whose members are primarily students at, or former students of, a postsecondary education institution. The term "organization" includes the national or parent organization of which any of the underlying entities provided for in this paragraph is a sanctioned or recognized member at the time of the hazing.

(d) "Pledging" means any action or activity related to becoming a member of an organization, including recruitment and rushing.

SECTION 2. (1) Not later than August 1, 2019, the Board of Trustees of State Institutions of Higher Learning shall develop and adopt a uniform policy on hazing prevention. The policy shall define hazing as defined in Section 1 of this act. Each postsecondary education institution shall adopt the uniform policy developed by the Board of Trustees of State Institutions of Higher Learning. An institution may expand the definition of hazing to prohibit additional behaviors it determines may be dangerous but shall not otherwise amend the definition.

(2) (a) Each new student shall be provided educational information on the dangers of and prohibition on hazing during the new student orientation process in the form of a handbook.

(b) In addition to the requirement provided in paragraph (a) of this subsection, beginning in the fall semester of 2020, each new student shall be provided educational information on the dangers of and prohibition on hazing during the new student orientation process either in person or electronically.

(3) Each organization as defined in Section 1 of this act shall provide annually at least one (1) hour of hazing prevention education to all members and prospective members. The education may be provided in person, electronically, or both. Each organization shall submit a report annually to the institution with which it is affiliated relative to the students receiving such education evidenced by an attestation of the student receiving the education.

SECTION 3. Section 37-111-11, Mississippi Code of 1972, is amended as follows:

37-111-11. The members of organizations of the character designated in Section 37-111-1 and Section 1 of this act, shall be amenable to the same rules and regulations as any and all other students in the institution. In the event that the members of such an organization become guilty of continued violation of the rules and of infractions of discipline the Board of Trustees of State Institutions of Higher Learning shall have the authority to dissolve such society and prohibit further meetings or its continuation as an organization. A failure to comply with the requirements of the trustees shall be a cause for suspension or expulsion from the institution as the faculty of the same may elect.

SECTION 4. Section 97-3-105, Mississippi Code of 1972, is brought forward as follows:

97-3-105. (1) A person is guilty of hazing in the first degree when, in the course of another person's initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury.

(2) Any person violating the provisions of subsection (1) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00) or imprisonment in the county jail for not more than six (6) months, or both.

(3) A person is guilty of hazing in the second degree when, in the course of another person's initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person.

(4) Any person violating the provisions of subsection (3) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00).

(5) The provisions of this section shall be in addition to other criminal laws, and actions taken pursuant to this section shall not bar prosecutions for other violations of criminal law.

SECTION 5. This act shall take effect and be in force from and after July 1, 2019.