Hazing

“The trustees or other governing board of every college chartered by the regents or incorporated by special act of the legislature shall adopt rules and regulations for the maintenance of public order on college campuses and other college property used for educational purposes and provide a program for the enforcement thereof. Such rules and regulations shall prohibit, among other things, any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization. Such rules and regulations shall govern the conduct of students, faculty, and other staff as well as visitors and other licensees and invitees on such campuses and property. The penalties for violations of such rules and regulations shall be clearly set forth therein and shall include provisions for the ejection of a violator from such campus and property, in the case of a student or faculty violator, his suspension, expulsion or other appropriate disciplinary action and, in the case of an organization which authorizes such conduct, recision of permission for that organization to operate on campus property. Such penalties shall be in addition to any penalty pursuant to the penal law or any other chapter to which a violator organization may be subject. . .” 

A person can be found guilty of hazing in the first degree (Class A Misdemeanor) if, in the course of a person’s “initiation into or affiliation with any organization,” that person “intentionally or recklessly engages in conduct which creates a substantial risk or physical injury to such person or a third person and thereby causes such injury” (Penal Law, paragraph 120.16). A conviction of this offense now carries a potential penalty of a fine up to $1,000, one year in jail, or both. A new offense designated as hazing in the second degree (a violation) incorporates a nearly identical definition except that no actual injury to any person need be proven (Penal Law, paragraph 120.17). 

"This act requires institutions of higher education (IHEs) that participate in federal student aid programs to report hazing incidents. It also renames the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act as the Jeanne Clery Campus Safety Act.

Specifically, the act requires each IHE to disclose hazing incidents that were reported to campus security authorities or local police agencies in its annual security report. The act defines the term hazing to mean any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that (1) is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization (e.g., a club, athletic team, fraternity, or sorority); and (2) causes or creates a risk, above the reasonable risk encountered in the course of participation in the IHE or the organization, of physical or psychological injury.

Additionally, each IHE must include in its annual security report (1) a statement of current policies relating to hazing, how to report hazing incidents, the process used to investigate hazing incidents, and information on applicable laws on hazing; and (2) a statement of policy regarding prevention and awareness programs relating to hazing that includes a description of prevention programs.

Further, an IHE must develop a campus hazing transparency report that summarizes findings concerning any student organization found to be in violation of the IHE's standards of conduct relating to hazing. An IHE is not required to develop or update this report unless the IHE has a finding of a hazing violation.

The act does not apply to foreign IHEs."