Hazing Law

1
Hazing Law

• M.G.L. Chapter 269
• Sections 17,18, and 19

2
Some Initial Inquiries

• Why did the legislature find it necessary to
  enact an anti-hazing law?
• Who can be charged with this crime?
• What are the potential penalties?

3
Who Can Be Charged?

• Principal organizer-Section 17
• Participant-Section 17
• Person at the scene who has knowledge of the
  hazing-Section 18

4
Criminal Penalties for Principal Organizer or
Participant

• Fine of not more than 3,000.00
• Jail term for not more than one year, or . . .
• Fine and incarceration

5
Penalty for Failure to Report

• Fine of not more than 3,000.00

6
Venue where law is applicable

• Public Property
• Private Property
• What are the implications?

7
How is hazing defined?

• The term hazing shall mean any conduct or
  method of initiation into any student
  organization which willfully or recklessly
  endangers the physical or mental health of any
  student or other person.

8
State of Mind Requirement

• Willful-a determined intention to do as one
  wants, regardless of the consequences or effect.
  It is the purpose of the actor.
• Recklessly-without thinking or caring about the
  consequences of an action
• Why are there two standards?

9
What specific conduct is prohibited by law?

• Whipping
• Beating
• Branding
• Forced calisthenics
• Exposure to weather
• Extended deprivation of sleep or rest
• Extended isolation
• Forced consumption of any food, liquor, beverage,
  drug or other substance

10
What nonspecific conduct is prohibited by law?

• Any other brutal treatment or forced physical
  activity which is likely to adversely affect the
  physical health or safety of any such student or
  other person . . .

11
Elements of Duty to ReportSection 18

• Knowledge of hazing
• On the scene
• Can act without causing danger to himself/herself
  or others
• Must report as soon as reasonably practicable
• Why has this duty been imposed?

12
Defenses to the Crime

• Consent of the victim shall not be
  available-Section 17
• Danger or peril to himself or others-Section 18
• Why is consent not a defense?

13
Requirements of Section 19

• Notice
• Communication
• Adoption of Disciplinary Policy
• See distributed materials!