D: Hazing
Hazing is a violation of state law and the University’s Code of Conduct. “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:
|
any type of physical brutality, such as whipping, beating, striking,
branding, electronic shocking, placing of a harmful substance on
the body, or similar activity; |
(b) |
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; |
(c) |
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; |
(d) |
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
may reasonably be expected to cause a student to leave the organization or
the institution rather than submit to acts described here; and |
(e) |
any activity that induces, causes, or requires the student to perform
a duty or task that involves a violation of the Penal Code. |
Hazing may result in arrest and prosecution by civil authorities as well
as disciplinary action by the University. According to state law, a person
commits a hazing offense if the person engages in hazing; solicits, encourages,
directs, aids, or attempts to aid another in engaging in hazing; recklessly
permits hazing to occur; or fails to report in writing to University officials
firsthand knowledge that a hazing incident is planned or has occurred.
The fact that a person consented to or acquiesced in a hazing activity
is not a defense to prosecution for hazing under the law.
In the prosecution of a hazing offense, the court may grant immunity from
prosecution for the offense to each person who is subpoenaed to testify
for the prosecution and who does testify for the prosecution. Any person
reporting a specific hazing incident to appropriate university officials
is immune from civil or criminal liability that might otherwise be incurred
or imposed as a result of the report. A person reporting in bad faith or
with malice is not protected from immunity. Incidents of hazing should
be reported to the Office of Student Affairs. |