senate Bill S4469

Amended

Provides increased penalties and education for hazing, underage drinking and drug use within athletic teams, fraternities and sororities at college campuses

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / Apr / 2013
    • REFERRED TO HIGHER EDUCATION
  • 23 / Apr / 2013
    • 1ST REPORT CAL.420
  • 24 / Apr / 2013
    • 2ND REPORT CAL.
  • 29 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION
  • 19 / Feb / 2014
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 19 / Feb / 2014
    • PRINT NUMBER 4469A
  • 06 / May / 2014
    • 1ST REPORT CAL.552
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • PASSED SENATE
  • 20 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2014
    • REFERRED TO CODES

Summary

Requires colleges to educate the campus community on bias-related crime, hazing, underage drinking and illegal drug use; expands authority of colleges to regulate conduct by college and student government organizations and clubs, athletic teams and clubs, alumni organizations, fraternities, sororities, and any other organization that has access to and use of the college facilities; requires colleges to adopt rules prohibiting hazing, underage drinking and illegal drug use; requires colleges to inform incoming students of and to train residence hall staff in the prohibitions against hazing, underage drinking and illegal drug use; requires colleges to establish penalties for hazing, underage drinking and illegal drug use.

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Bill Details

Versions:
S4469
S4469A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Education Law
Laws Affected:
Amd §§6430 & 6431, add §§6438 & 6439, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1937
2009-2010: S2527

Sponsor Memo

BILL NUMBER:S4469

TITLE OF BILL: An act to amend the education law, in relation to
hazing, serving alcohol to minors and illegal drug offenses

PURPOSE: The purpose of this bill is to address the issues of
underage drinking, hazing and illegal drug use on New York State
Campuses.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends section 6430 of the education law amends
subdivision 1 and adds a new subdivision 7 expanding rules regarding
the prohibition against hazing to include any individual and to define
"campus organizations or university group" or for purposes of this
article.

Section 2 of this bill amends section 6431 of the Education Law to
include hazing, underage drinking and illegal drug use within the
education requirements, and related subdivisions, provided for bias
related crime and sexual assault on campus.

Section 3 of this bill amends the Education Law and adds two new
sections 6438 and 6439, which deal with hazing, and alcohol abuse and
illegal drug use. It requires dissemination of information regarding
these issues as well as training requirements for appropriate campus
staff and other college rules relating thereto. New York State
colleges and universities are directed to establish additional policy
requirements regarding hazing, underage drinking and drug use on
campus and within school clubs, sports teams and social organizations.

Section 4 sets forth the effective date of this legislation.

Section 6439 requires the dissemination of information regarding
alcohol and drug abuse. It requires the establishment of policies for
training of resident life staff and development of procedures for
students who willfully fail to report abuse.

JUSTIFICATION: New York State currently has many laws in place to
prohibit underage drinking, drug use, and hazing. Under sections
120.16 and 120.17 of the Penal Law, hazing is an illegal activity
which currently carries a penalty of up to one year in prison and/or a
fine of up to $1000. Additionally, section 6430 of the Education Law
mandates that colleges and universities establish and implement their
own policies and procedures to deal with hazing. Through a variety of
other laws including the Penal Law, the New York General Obligations
Law and the New York Alcohol and Beverage Control Law, underage
drinking, serving alcohol to minors and possession/sale/use of certain
drugs are all illegal activities.

Despite such laws, underage drinking, hazing and illegal drug
possession/sale/use are three of the most prominent problems plaguing
New York State campuses today. In spite of good faith efforts on the
part of institutions of higher education to implement policies and
procedures to combat these issues, the problems continue and show no
signs of decreasing. As a result, parents, administrator's and


trustees have become increasingly concerned about the safety of their
children and students on campus.

Such concerns are justified as all too often we are faced with the
untimely death or serious injury of our State's young students. Most
recently, we suffered the loss of Walter Dean Jennings, a Plattsburgh
State student who died while pledging a fraternity last March. Under
this legislation, those who engage in the dangerous activities of
hazing and underage drinking would face more serious consequences and
disciplinary charges through the college.

Whether it be from dangerous hazing incidents, alcohol poisoning or
drug overdoses, something must be done to combat the problems causing
tragic deaths and injuries on New York State campuses. If implemented,
this legislation will bring necessary changes to help ensure safety on
campus and to help deter such harmful behavior in the future.

LEGISLATIVE HISTORY: 2011-12 S.1937; 2009-10 S.2527; 2003-04,
S.6353-A; 2005-2006, S.1721-B; 2007-08, S.2600.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of July next
succeeding the date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4469

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by Sens. LAVALLE, LARKIN, STAVISKY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Higher
  Education

AN  ACT to amend the education law, in relation to hazing, serving alco-
  hol to minors and illegal drug offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section 6430 of the education law, as
amended by chapter 75 of the laws of 2004, is amended and a new subdivi-
sion 7 is added to read as follows:
  1. The trustees or other governing board of every college chartered by
the regents or incorporated by special act of the legislature and  which
maintains a campus, unless otherwise provided, shall adopt written rules
for  implementing all policies required pursuant to this article and 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 shall prohibit, among other things,  any
action  or  situation  which  recklessly  or intentionally endangers THE
mental or physical health [or involves the forced consumption of  liquor
or  drugs  for  the  purpose  of initiation into or affiliation with any
organization] OF ANY INDIVIDUAL.  Such rules shall govern the conduct of
students, faculty and other staff as well as visitors and  other  licen-
sees  and  invitees  on  such campuses and property.   The penalties for
violations of such rules 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  or  her
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 law to which a violator or organization may be subject.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03784-01-3

S. 4469                             2

  7.  FOR THE PURPOSES OF THIS ARTICLE, ORGANIZATIONS SHALL INCLUDE, BUT
NOT BE LIMITED TO, RECOGNIZED COLLEGE OR  STUDENT  GOVERNMENT  ORGANIZA-
TIONS  OR CLUBS, ALUMNI ORGANIZATIONS, ATHLETIC TEAMS AND CLUBS, FRATER-
NITIES AND SORORITIES OR ANY CAMPUS OR UNIVERSITY ORGANIZATION OR  GROUP
THAT HAS ACCESS TO AND USE OF COLLEGE FACILITIES.
  S 2. Paragraphs a and c of subdivision 3 of section 6431 of the educa-
tion  law,  as amended by chapter 13 of the laws of 2009, are amended to
read as follows:
  a. educating the campus community, including  security  personnel  and
those  persons  who  advise or supervise students, about sexual assault,
domestic violence, BIAS RELATED CRIME, HAZING, UNDERAGE DRINKING,  ILLE-
GAL  DRUG  USE,  and  stalking  offenses  pursuant to section sixty-four
hundred thirty-two, SECTION SIXTY-FOUR HUNDRED THIRTY-EIGHT, AND SECTION
SIXTY-FOUR HUNDRED THIRTY-NINE of this article;
  c. reporting sexual assaults, domestic violence, HAZING, BIAS  RELATED
CRIME,  and  stalking  incidents  and  assisting victims during investi-
gations;
  S 3. The education law is amended by adding two new sections 6438  and
6439 to read as follows:
  S 6438. HAZING INFORMATION AND PREVENTION. 1. EACH COLLEGE SHALL ADOPT
RULES  THAT  PROHIBIT CONDUCT WHICH INTENTIONALLY OR RECKLESSLY INVOLVES
THE FORCED CONSUMPTION OF ALCOHOL OR DRUGS, OR ANY OTHER  BEHAVIOR  THAT
MAY ENDANGER THE MENTAL OR PHYSICAL HEALTH AND SAFETY OF INDIVIDUALS.
  2.  EACH  COLLEGE SHALL INFORM INCOMING STUDENTS ABOUT PROHIBITIONS ON
HAZING  THROUGH  PROGRAMS  WHICH  MAY   INCLUDE   WORKSHOPS,   SEMINARS,
DISCUSSION  GROUPS  AND  MEDIA  PRESENTATIONS,  IN  ORDER TO DISSEMINATE
INFORMATION ABOUT HAZING, PROMOTE  DISCUSSION,  ENCOURAGE  REPORTING  OF
INCIDENTS  OF  HAZING  AND FACILITATE PREVENTION OF SUCH INCIDENTS. SUCH
INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  A. THE APPLICABLE LAWS, ORDINANCES AND REGULATIONS  REGARDING  HAZING,
INCLUDING THE PENALTIES FOR VIOLATION UNDER LAW;
  B.  THE  PROCEDURES AND PENALTIES IN EFFECT AT THE COLLEGE FOR DEALING
WITH HAZING; AND
  C. THE AVAILABILITY OF COUNSELING AND OTHER SUPPORT SERVICES  FOR  THE
VICTIMS OF HAZING.
  3. EACH COLLEGE SHALL DEVELOP POLICIES FOR THE TRAINING OF APPROPRIATE
STAFF,  INCLUDING,  BUT NOT LIMITED TO, RESIDENT LIFE STAFF, COACHES AND
OTHER PERSONNEL REGARDING HAZING AND THE PROCEDURES  FOR  ENFORCING  AND
REPORTING SUCH INCIDENTS TO THE PROPER COLLEGE OFFICIALS.
  4. EACH COLLEGE SHALL REVIEW DISCIPLINARY PROCEDURES PERTAINING TO ALL
ORGANIZATIONS  AS  DEFINED  BY  SUBDIVISION  SEVEN OF SECTION SIXTY-FOUR
HUNDRED THIRTY OF THIS ARTICLE.  SUCH PENALTIES MAY INCLUDE, BUT NOT  BE
LIMITED  TO,  THE  REVOCATION OF SUCH ORGANIZATION'S RIGHT TO OPERATE ON
SUCH CAMPUS, USE CAMPUS FACILITIES OR BE RECOGNIZED BY  THE  COLLEGE  OR
UNIVERSITY.    WHERE  SUCH  ORGANIZATION  IS  A  FRATERNITY OR SORORITY,
COMMONLY IDENTIFIED AS A GREEK LETTER ORGANIZATION, SUCH  PENALTIES  MAY
INCLUDE,  BUT  NOT  BE  LIMITED TO, THE WITHDRAWAL OF THE RECOGNITION OF
SUCH ORGANIZATION FROM SUCH CAMPUS.
  5. COLLEGE RULES MAY INCLUDE PROVISIONS FOR THE DISCIPLINARY ACTION OF
STUDENTS WHO FAIL TO REPORT KNOWN INSTANCES OF HAZING AND IMMUNITY  FROM
COLLEGE DISCIPLINARY ACTION FOR GOOD FAITH REPORTING OF HAZING.
  S  6439.  ALCOHOL  AND  DRUG ABUSE INFORMATION AND PREVENTION. 1. EACH
COLLEGE SHALL INFORM INCOMING STUDENTS ABOUT  PROHIBITIONS  ON  UNDERAGE
DRINKING  AND  SUBSTANCE  ABUSE THROUGH PROGRAMS WHICH MAY INCLUDE WORK-
SHOPS, SEMINARS, DISCUSSION GROUPS AND MEDIA PRESENTATIONS IN  ORDER  TO
DISSEMINATE  INFORMATION  ABOUT  UNDERAGE  DRINKING AND SUBSTANCE ABUSE,

S. 4469                             3

PROMOTE DISCUSSION, AND FACILITATE PREVENTION OF  SUCH  INCIDENTS.  SUCH
INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  A.  THE APPLICABLE LAWS, ORDINANCES AND REGULATIONS REGARDING UNDERAGE
DRINKING AND ILLEGAL DRUG USE, INCLUDING  THE  PENALTIES  FOR  VIOLATION
UNDER LAW;
  B.  THE  PROCEDURES AND PENALTIES IN EFFECT AT THE COLLEGE FOR DEALING
WITH UNDERAGE DRINKING AND DRUG USE; AND
  C. THE AVAILABILITY OF  COUNSELING  AND  OTHER  SUPPORT  SERVICES  FOR
SUBSTANCE ABUSERS.
  2. EACH COLLEGE SHALL DEVELOP POLICIES FOR THE TRAINING OF APPROPRIATE
STAFF,  INCLUDING,  BUT NOT LIMITED TO, RESIDENT LIFE STAFF, COACHES AND
OTHER PERSONNEL REGARDING UNDERAGE DRINKING AND DRUG AND  ALCOHOL  ABUSE
AND  THE  PROCEDURES  FOR  ENFORCING AND REPORTING SUCH INCIDENTS TO THE
PROPER COLLEGE OFFICIALS.
  3. EACH COLLEGE SHALL REVIEW CURRENT DISCIPLINARY PROCEDURES  PERTAIN-
ING  TO  ALL  ORGANIZATIONS  AS  DEFINED BY SUBDIVISION SEVEN OF SECTION
SIXTY-FOUR HUNDRED THIRTY OF THIS ARTICLE  AND  MAY  PROVIDE  ADDITIONAL
PENALTIES REGARDING ILLEGAL DRUG USE AND UNDERAGE DRINKING.
  S  4.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

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