S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5094
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- 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
 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.
                                                            LBD07976-01-7
              

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   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.
   § 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-A,  AND
 SECTION SIXTY-FOUR HUNDRED THIRTY-EIGHT-B of this article;
   c.  reporting sexual assaults, domestic violence, HAZING, BIAS RELATED
 CRIME, and stalking incidents  and  assisting  victims  during  investi-
 gations;
   §  3.  The  education law is amended by adding two new sections 6438-a
 and 6438-b to read as follows:
   § 6438-A.  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 BEHAV-
 IOR THAT MAY ENDANGER THE MENTAL OR PHYSICAL HEALTH AND SAFETY OF  INDI-
 VIDUALS.
   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.
   §  6438-B.  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

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 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.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.