senate Bill S1937

2011-2012 Legislative Session

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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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 16, 2012 referred to higher education
delivered to assembly
passed senate
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.673
Jan 04, 2012 referred to higher education
Mar 09, 2011 reported and committed to finance
Jan 14, 2011 referred to higher education

Votes

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May 1, 2012 - Higher Education committee Vote

S1937
17
0
committee
17
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Higher Education committee vote details

Higher Education Committee Vote: May 1, 2012

aye wr (1)

Mar 9, 2011 - Higher Education committee Vote

S1937
18
0
committee
18
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Higher Education committee vote details

Co-Sponsors

S1937 - Bill Details

See Assembly Version of this Bill:
A2132
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §§6430 & 6431, add §§6438 & 6439, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S2527, A4785

S1937 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S1937

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 hill 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, administrators 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:
2009-10: S.2527
2003-04: S.6353-A
2005-06: 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.

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

    S. 1937                                                  A. 2132

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 14, 2011
                               ___________

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

IN  ASSEMBLY -- Introduced by M. of A. MORELLE -- read once and referred
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05238-01-1

S. 1937                             2                            A. 2132

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.
  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

S. 1937                             3                            A. 2132

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,
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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