PRINTER'S NO. 1126
No. 947 Session of 2001
INTRODUCED BY GREENLEAF, COSTA AND LOGAN, JUNE 8, 2001
REFERRED TO EDUCATION, JUNE 8, 2001
AN ACT
1 Amending the act of December 15, 1986 (P.L.1595, No.175),
2 entitled "An act prohibiting hazing; and providing
3 penalties," further prohibiting hazing.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 2 and 4 of the act of December 15, 1986
7 (P.L.1595, No.175), known as the Antihazing Law, are amended to
8 read:
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Hazing." Any action or situation which recklessly or
14 intentionally endangers the mental or physical health or safety
15 of a student or which willfully destroys or removes public or
16 private property for the purpose of initiation or admission into
17 or affiliation with, or as a condition for continued membership
18 in, any organization operating under the sanction of or
1 recognized as an organization by an institution of higher
2 education or a secondary school. The term shall include, but not
3 be limited to, any brutality of a physical nature, such as
4 whipping, beating, branding, forced calisthenics, exposure to
5 the elements, forced consumption of any food, liquor, drug or
6 other substance, or any other forced physical activity which
7 could adversely affect the physical health and safety of the
8 individual, and shall include any activity which would subject
9 the individual to extreme mental stress, such as sleep
10 deprivation, forced exclusion from social contact, forced
11 conduct which could result in extreme embarrassment, or any
12 other forced activity which could adversely affect the mental
13 health or dignity of the individual, or any willful destruction
14 or removal of public or private property. For purposes of this
15 definition, any activity as described in this definition upon
16 which the initiation or admission into or affiliation with or
17 continued membership in an organization or acceptance by other
18 members of the organization is directly or indirectly
19 conditioned shall be presumed to be "forced" activity, the
20 willingness of an individual to participate in such activity
21 notwithstanding.
22 "Institution of higher education" or "institution." Any
23 public or private institution within this Commonwealth
24 authorized to grant an associate degree or higher academic
25 degree.
26 "Secondary school" or "school." A day or residential school,
27 whether public or nonpublic, which provides secondary education
28 in this Commonwealth.
29 Section 4. Enforcement by institution or school.
30 (a) Antihazing policy.--Each institution or school shall
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1 adopt a written antihazing policy and, pursuant to that policy,
2 shall adopt rules prohibiting students or other persons
3 associated with any organization operating under the sanction of
4 or recognized as an organization by the institution or school
5 from engaging in any activity which can be described as hazing.
6 (b) Enforcement and penalties.--
7 (1) Each institution or school shall provide a program
8 for the enforcement of such rules and shall adopt appropriate
9 penalties for violations of such rules to be administered by
10 the person or agency at the institution or school responsible
11 for the sanctioning or recognition of such organizations.
12 (2) Such penalties may include the imposition of fines,
13 the withholding of diplomas or transcripts pending compliance
14 with the rules or pending payment of fines and the imposition
15 of probation, suspension or dismissal.
16 (3) In the case of an organization which authorizes
17 hazing in blatant disregard of such rules, penalties may also
18 include recision of permission for that organization to
19 operate on campus or school property or to otherwise operate
20 under the sanction or recognition of the institution or
21 school.
22 (4) All penalties imposed under the authority of this
23 section shall be in addition to any penalty imposed for
24 violation of section 3 or any of the criminal laws of this
25 State or for violation of any other institutional or school
26 rule to which the violator may be subject.
27 (5) Rules adopted pursuant hereto shall apply to acts
28 conducted on or off campus or school property whenever such
29 acts are deemed to constitute hazing.
30 Section 2. This act shall take effect in 60 days.
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