HB0427

HOUSE BILL 427

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Monica Youngblood and Sheryl Williams Stapleton

AN ACT

RELATING TO EDUCATION; PROHIBITING HAZING AT PUBLIC SCHOOLS AND PUBLIC POST-SECONDARY SCHOOLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. A new section of Chapter 21 NMSA 1978 is enacted to read:

"[NEW MATERIAL] PROHIBITION OF HAZING.--

A. Every educational institution shall adopt, post and enforce a hazing prevention policy. The hazing prevention policy shall be printed in every student handbook for distribution to parents and students. Each hazing prevention policy shall include:

(1) a definition of hazing pursuant to Paragraph (2) of Subsection D of this section;

(2) a statement that hazing is a prohibited activity;

(3) a statement that any solicitation to engage in hazing is prohibited;

(4) a statement that aiding and abetting another person who is engaged in hazing is prohibited;

(5) a statement that it is not a defense to a violation of the hazing prevention policy if the hazing victim consented to or acquiesced in the hazing activity;

(6) a statement that all students, teachers and staff shall take reasonable measures within the scope of their individual authority to prevent violations of the hazing prevention policy;

(7) a description of the procedures for students, teachers and staff to report violations of the hazing prevention policy and the procedures to file a complaint for a violation of the hazing prevention policy;

(8) procedures to investigate reports of violations of the hazing prevention policy and to investigate complaints for a violation of the hazing prevention policy;

(9) a description of the circumstances under which a violation of the hazing prevention policy shall be reported to the appropriate law enforcement agency; and

(10) a description of appropriate penalties, sanctions and appeals mechanisms for persons and organizations that violate the hazing prevention policy. The sanctions shall include the revocation or suspension of an organization's permission to conduct operations at the educational institution if the organization knowingly permitted, authorized or condoned the hazing activity. Any teacher or staff member who knowingly permitted, authorized or condoned the hazing activity shall be subject to disciplinary action by the educational institution.

B. The hazing prevention policy of the educational institution where a person has been accepted for or promoted to enrollment, or where a person intends to enroll or be promoted to enrollment within the next twelve calendar months, shall be the effective hazing prevention policy for that person.

C. Violations of hazing prevention policies adopted pursuant to this section do not include:

(1) customary athletic events, contests or competitions that are sponsored by an educational institution; or

(2) an activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate extracurricular program or a legitimate military training program.

D. As used in this section:

(1) "educational institution" means any of the following:

(a) a public community college or a vocational education program that provides academic instruction or training not exceeding two years' duration in the arts, sciences and humanities beyond the twelfth grade of a public or private high school course of study; and

(b) a public college or university that provides academic instruction beyond the twelfth grade of a public or private high school course of study and that offers any combination of baccalaureate, master's or doctoral degrees to students that complete specified academic requirements;

(2) "hazing" means any intentional, knowing or reckless act committed by a student, whether individually or in concert with other persons, against another student and in which both of the following apply:

(a) the act was committed in connection with an initiation into, an affiliation with or the maintenance of membership in any organization that is affiliated with an educational institution; and

(b) the act contributes to a substantial risk of potential physical injury, mental harm or personal degradation or causes physical injury, mental harm or personal degradation;

(3) "organization" means an athletic team, association, order, society, corps, cooperative, club or other similar group that is affiliated with an educational institution and whose membership consists primarily of students enrolled at that educational institution; and

(4) "student" means a person who is enrolled at an educational institution, a person who has been promoted or accepted for enrollment at an educational institution or a person who intends to enroll at or be promoted to an educational institution within the next twelve calendar months. A person who meets the definition of a student pursuant to this paragraph shall continue to be defined as a student for purposes of this section until the person graduates, transfers, is promoted or withdraws from the educational institution."

SECTION 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] PROHIBITION OF HAZING.--

(1) a definition of hazing pursuant to Paragraph (1) of Subsection D of this section;