“HAZING”: NOT WHAT YOU MIGHT THINK! Prof. David G. Henry, JD © David G. Henry 2014.

“HAZING”:NOT WHAT YOU MIGHT

THINK!

Prof. David G. Henry, JD

© David G. Henry2014

FACT:

Talking about hazing is about as much fun as finals – I don’t like it either. © David G. Henry

2014

FACT:

Hazing is an entrenched tradition in many Greek organizations. © David G. Henry

2014

FACT:

“Hazing” can sometimes be fun, harmless, and provide bonding for all involved, but…

© David G. Henry2014

FACT:

…“hazing” is seriously illegal (even knowing about it and not reporting it), and is much easier to commit than most realize.

© David G. Henry2014

FACT:

“Hazing” is a Hot Topic with colleges and law enforcement these days (they are looking for cases to enforce).

© David G. Henry2014

FACT:

“Hazing” can end your academic and professional life, and kill this Chapter.

© David G. Henry2014

TEXAS LAW: “HAZING”?(Education Code, Sec. 4.51, et seq)

"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.

© David G. Henry2014

TEXAS LAW: “HAZING”?(Education Code, Sec. 4.51, et seq)

any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;

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

TEXAS LAW: “HAZING”?(Education Code, Sec. 4.51, et seq)

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;

BUT THERE’ MORE…(Education Code, Sec. 4.51, et seq)

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 in this subdivision

“SO WHAT?”

The LEAST serious hazing violation is a Class B misdemeanor.

….a fine not to exceed $2,000;(2)  confinement in JAIL for a term not to exceed SIX MONTHS; or(3)  both such fine and confinement.

It Gets Worse….

Hazing that causes “serious bodily injury” is a CLASS A MISDIMEANOR

a fine not to exceed $4,000;(2)  confinement in JAIL for a term not to exceed one year; or(3)  both such fine and confinement.

It Gets Worse….

Hazing that causes death is a a fine not to exceed $10,000;

(2)  confinement in JAIL for a term not to exceed two years; or(3)  both such fine and confinement.

It Gets Even Worse….

The law just described is IN ADDITION TO CIVIL LIABILITY AND OTHER PENAL STATUTES

“I [MEMBER, PLEDGE OR ADVISOR] JUST WATCHED, AND I’M NO SNITCH”

(Education Code, Sec. 4.51, et seq)

A person commits an offense if the person:Has firsthand knowledge of the planning of

a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution.

….a fine not to exceed $2,000;(2)  confinement in JAIL for a term not to exceed SIX MONTHS; or(3)  both such fine and confinement.

“HIGH POINTS”

If you do anything to anyone as a condition to pledging, that you would not let them do to you in every day life, it’s probably hazing – HAZING IS EASY!

If you get caught hazing, it can ruin your life and kill this Chapter.

You are not in “counts forever” zone – you’re not a kid any more.

This is REAL!

Top 10 Things That Do Not Get you Out of JAIL for Hazing

#1 “EVERYONE DOES IT!”#2 “It wasn’t me, I was just watching!”#3 “I did not know it was illegal.”#4 “No way that’s “hazing”!”#5 “Our pledges said that they did not mind.”#6 “My parents always get me out of trouble – I’m

special”#7 “I was hazed when I was pledging.”#8 “We never thought anyone would tell.”#9 “It’ been I I ’s tradition for 100 years!”#10 “We all thought that it was fun!”

© David G. Henry2014

Prof. David G. Henry JD

www.texess.com (or) www.davidghenry.com

david_henry@baylor.edu(254) 744-4724 (cell)

© David G. Henry2014