NY State Senate Bill 2019-S7002

Senate Bill S7002

2019-2020 Legislative Session

Enacts hazing offenses and anti-hazing educational programs at educational institutions; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education

2019-S7002 (ACTIVE) - Details

See Assembly Version of this Bill:: A9016
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 25 §§1300 - 1309, Ed L; rpld §§120.16 & 120.17, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S7002, A9016

2019-S7002 (ACTIVE) - Summary

Enacts hazing offenses and anti-hazing educational programs at educational institutions and requires educational institutions to maintain a public report on hazing violations.

2019-S7002 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7002

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the education law, in relation to enacting hazing
offenses and anti-hazing educational programs at educational insti-
tutions; and to repeal certain provisions of the penal law relating
thereto

 
PURPOSE:  To create comprehensive hazing reform legislation to protect
our students in New York.

 
SUMMARY OF PROVISIONS:

Section 1 creates Section 1300 which contains definitions included in
this legislation, importantly defining educational institution (second-
ary and post-secondary) and a comprehensive hazing definition.  Further
definitions include local organizations, local affiliate organizations,
organization, and national organization to ensure that all entities
responsible for hazing can be held accountable. Further definitions

include serious bodily injury to allow for an elevated level of crime
when this hazing occurs.

Section 1301 creates the crime of personal hazing offense when a person
requests, authorizes, commands, encourages or participates in hazing or
knowingly aids, assists or conspires with another person to commit a
hazing offense. There are two offenses created, Personal hazing with no
serious bodily injury and personal hazing serious bodily injury.

Section 1302 creates a fine for local organization or local affiliate
organization, national organizations, or post-secondary schools who
commit organizational hazing.

Section 1303 includes a list of prohibited defenses.

Section 1304 Provides for immunity from prosecution or civil liability
when those covered by this act, in good faith reports or participates in
reporting an allegation of hazing and meets certain appropriate crite-
ria.

Section 1305 creates penalties for failure to seek assistance when some-
one engaged in the act of hazing does not report when a person is
injured during an act of hazing.

Section 1306 creates hazing adjudication requirements for educational
institutions for instances not covered by this law.

Section 1307 Requires the creation of a statewide plan for preventing
hazing and requires students to take this program within 30 days of the
school year.

Section 1308 Requires starting in 2021 academic school year, educational
institutions maintain and publicly report actual findings of the insti-
tutions code of conduct, as well as any violations of federal or state
laws related to hazing.

Section 1309 creates the State anti-hazing fund.

Section 2 repeals penal law 120.16hazing in the first degree.

Section 3 repeals penal law 120.17hazing in the second degree.

Section 4 is the effective date.

 
JUSTIFICATION:

A parent's greatest fear is something happening to their child.  Unfor-
tunately, it is becoming too common to read news accounts of children
dying because of hazing. We must look at comprehensive in depth reform
that looks at every aspect possible in holding those who perform or
condone acts of hazing accountable. This in depth legislation attempts
to provide comprehensive and clear reforms to protect others and our own
children, who are students at our educational institutions.

 
LEGISLATIVE HISTORY:

None.

 
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.

2019-S7002 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7002
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the  education  law,  in  relation  to  enacting  hazing
   offenses  and  anti-hazing  educational programs at educational insti-
   tutions; and to repeal certain provisions of the  penal  law  relating
   thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new article 25  to
 read as follows:
                                ARTICLE 25
                                  HAZING
 SECTION 1300. DEFINITIONS.
         1301. PERSONAL HAZING OFFENSE.
         1302. ORGANIZATIONAL HAZING OFFENSE.
         1303. PROHIBITED DEFENSES.
         1304. IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY.
         1305. FAILURE TO SEEK ASSISTANCE.
         1306. HAZING  ADJUDICATION  REQUIREMENTS  FOR EDUCATIONAL INSTI-
                 TUTIONS.
         1307. EDUCATIONAL PROGRAMS AT EDUCATIONAL INSTITUTIONS.
         1308. INSTITUTIONAL REPORTS OF CERTAIN VIOLATIONS.
         1309. STATE ANTI-HAZING FUND.
   § 1300. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. THE TERM "EDUCATIONAL INSTITUTION" MEANS ANY SECONDARY OR POST-SEC-
 ONDARY EDUCATIONAL INSTITUTION AS DEFINED IN THIS SECTION, INCLUDING ANY
 DEGREE GRANTING INSTITUTION AUTHORIZED TO OPERATE IN THIS STATE.
   2.  THE  TERM "HAZING" MEANS ANY INTENTIONAL, KNOWING, OR RECKLESS ACT
 COMMITTED BY A PERSON, WHETHER INDIVIDUALLY OR  IN  CONCERT  WITH  OTHER
 PERSONS,  AGAINST  A  MINOR  OR  STUDENT  OF AN EDUCATIONAL INSTITUTION,
 WHETHER OR NOT COMMITTED ON  THE  EDUCATIONAL  INSTITUTION'S  CAMPUS  OR
 PROPERTY,  FOR THE PURPOSE OF RECRUITING, JOINING, PLEDGING, INITIATING,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14234-01-9

 S. 7002                             2
 
 ADMITTING, AFFILIATING OR FOR THE PURPOSE  OF  CONTINUING  OR  ENHANCING
 STATUS  IN  AN ORGANIZATION WHICH CAUSES A MINOR OR STUDENT TO DO ANY OF
 THE FOLLOWING:
   A. BE COERCED TO VIOLATE FEDERAL OR STATE LAW.
   B.  BE  COERCED TO CONSUME ANY FOOD, LIQUID, ALCOHOLIC LIQUID, DRUG OR
 OTHER SUBSTANCE IN ANY NON-CUSTOMARY MANNER WHICH SUBJECTS THE MINOR  OR
 STUDENT  TO  A  SUBSTANTIAL  RISK  OF  EMOTIONAL  OR PHYSICAL HARM WHICH
 INCLUDES, BUT NOT LIMITED TO, SICKNESS, VOMITING, INTOXICATION OR UNCON-
 SCIOUSNESS.
   C. ENDURE BRUTALITY OF A PHYSICAL NATURE, INCLUDING, BUT  NOT  LIMITED
 TO,  WHIPPING,  BEATING, PADDLING, BRANDING, DANGEROUS PHYSICAL ACTIVITY
 OR EXPOSURE TO ELEMENTS OR ENDURE THREATS OF SUCH CONDUCT  THAT  RESULTS
 IN VERIFIABLE MENTAL OR PHYSICAL HARM.
   D. ENDURE BRUTALITY OF A MENTAL NATURE, INCLUDING, BUT NOT LIMITED TO,
 ACTIVITY  ADVERSELY  AFFECTING THE MENTAL HEALTH OR DIGNITY OF THE MINOR
 OR STUDENT, SLEEP DEPRIVATION, EXCLUSION FROM SOCIAL CONTACT OR  CONDUCT
 THAT  COULD  RESULT  IN  EXTREME EMBARRASSMENT OR ENDURE THREATS OF SUCH
 CONDUCT THAT RESULTS IN VERIFIABLE MENTAL OR PHYSICAL HARM.
   E. ENDURE ANY OTHER FORCED ACTIVITY WHICH ADVERSELY AFFECTS THE HEALTH
 AND SAFETY OF THE MINOR OR STUDENT.
   3. THE TERM "LOCAL ORGANIZATION" MEANS AN  ORGANIZATION  THAT  IS  NOT
 CHARTERED NOR RECOGNIZED BY A NATIONAL ORGANIZATION.
   4.  THE TERM "LOCAL AFFILIATE ORGANIZATION" MEANS AN ORGANIZATION THAT
 IS CHARTERED OR RECOGNIZED BY A NATIONAL ORGANIZATION  AND  MAY  INCLUDE
 STUDENTS OR NON-STUDENTS.
   5.  THE TERM "NATIONAL ORGANIZATION" MEANS AN ORGANIZATION, AS DEFINED
 IN THIS SECTION, THAT IS SEPARATE FROM A LOCAL  AFFILIATE  ORGANIZATION,
 AND  MAY  CHARTER OR RECOGNIZE LOCAL AFFILIATE ORGANIZATIONS AT MULTIPLE
 EDUCATIONAL INSTITUTIONS.
   6. THE TERM "ORGANIZATION" MEANS  A  CLUB,  ASSOCIATION,  CORPORATION,
 ORDER,  SOCIETY,  CORPS,  PRIVATE CLUB, FRATERNITY, SORORITY, VARSITY OR
 CLUB ATHLETIC TEAM, OR SERVICE, SOCIAL, OR SIMILAR GROUP, WHOSE  MEMBERS
 ARE  PRIMARILY  STUDENTS  OR  ALUMNI  OF  ONE OR MORE EDUCATIONAL INSTI-
 TUTIONS.
   7. THE TERM "POST-SECONDARY EDUCATIONAL INSTITUTION" MEANS ANY  PUBLIC
 OR PRIVATE INSTITUTION WITHIN THE STATE AUTHORIZED TO GRANT AN ASSOCIATE
 DEGREE OR HIGHER ACADEMIC DEGREE.
   8.  THE  TERM  "SECONDARY EDUCATIONAL INSTITUTION" MEANS ANY PUBLIC OR
 PRIVATE SCHOOL WITHIN THE STATE PROVIDING  INSTRUCTION  IN  GRADES  NINE
 THROUGH TWELVE OR ANY COMBINATION OF THOSE GRADES.
   9.  THE  TERM  "SERIOUS  BODILY  INJURY"  MEANS  A  BODILY INJURY THAT
 INVOLVES ANY OF THE FOLLOWING:
   A. UNCONSCIOUSNESS AS A RESULT OF HAZING OF ANY KIND.
   B. EXTREME PHYSICAL PAIN.
   C. PROTRACTED OR OBVIOUS DISFIGUREMENT OF A BODILY MEMBER,  PROTRACTED
 LOSS  OR  IMPAIRMENT OF THE FUNCTION OF A BODILY MEMBER, ORGAN OR MENTAL
 FACULTY.
   D. DEATH OR A SUBSTANTIAL RISK OF DEATH.
   E. INCAPACITATION AS A RESULT OF CONSUMPTION OF ALCOHOL  THAT  RESULTS
 IN  A MINOR OR STUDENT REQUIRING EMERGENCY MEDICAL ATTENTION OR HAVING A
 BLOOD ALCOHOL CONTENT OF .25 OR GREATER.
   10. THE TERM "STUDENT" MEANS ANY PERSON WHO IS  REGISTERED  IN  OR  IN
 ATTENDANCE AT AN EDUCATIONAL INSTITUTION OR HAS BEEN ACCEPTED FOR ADMIS-
 SION AT THE EDUCATIONAL INSTITUTION AT WHICH THE HAZING OCCURS.
   11. THE TERM "ALCOHOLIC LIQUID" MEANS ANY SUBSTANCE CONTAINING LIQUOR,
 SPIRIT, WINE, BEER, MALT OR BREWED BEVERAGE OR ANY COMBINATION THEREOF.

 S. 7002                             3
 
   12.  THE  TERM "MINOR" MEANS AN INDIVIDUAL YOUNGER THAN EIGHTEEN YEARS
 OF AGE.
   §  1301.  PERSONAL  HAZING  OFFENSE.  1. GENERALLY. A PERSON COMMITS A
 PERSONAL HAZING OFFENSE IF THE PERSON  REQUESTS,  AUTHORIZES,  COMMANDS,
 ENCOURAGES  OR  PARTICIPATES  IN  HAZING,  OR KNOWINGLY AIDS, ASSISTS OR
 CONSPIRES WITH ANOTHER  PERSON  TO  COMMIT  A  PERSONAL  HAZING  OFFENSE
 AGAINST A MINOR OR STUDENT.
   2.  PERSONAL  HAZING  OFFENSE;  NO SERIOUS BODILY INJURY. A PERSON WHO
 COMMITS A PERSONAL HAZING OFFENSE WHERE NO SERIOUS BODILY INJURY RESULTS
 SHALL BE GUILTY OF PERSONAL  HAZING.  A  PERSON  CONVICTED  OF  PERSONAL
 HAZING  PURSUANT  TO THIS SUBDIVISION SHALL BE SUBJECT TO A FINE OF FIVE
 THOUSAND DOLLARS, IMPRISONMENT FOR A TERM OF NOT MORE THAN ONE  YEAR  OR
 BY BOTH SUCH FINE AND IMPRISONMENT.
   3.  PERSONAL  HAZING  OFFENSE;  SERIOUS  BODILY  INJURY.  A PERSON WHO
 COMMITS A PERSONAL HAZING OFFENSE WHERE SERIOUS  BODILY  INJURY  RESULTS
 SHALL  BE  GUILTY  OF AGGRAVATED PERSONAL HAZING.  A PERSON CONVICTED OF
 AGGRAVATED PERSONAL HAZING PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT
 TO A FINE OF FIFTEEN THOUSAND DOLLARS, IMPRISONMENT FOR A  TERM  OF  NOT
 MORE THAN TEN YEARS OR BY BOTH SUCH FINE AND IMPRISONMENT.
   §  1302. ORGANIZATIONAL HAZING OFFENSE. 1. LOCAL ORGANIZATION. A LOCAL
 ORGANIZATION OR  LOCAL  AFFILIATE  ORGANIZATION  COMMITS  ORGANIZATIONAL
 HAZING  WHEN  THE  ELECTED LEADERSHIP OF THE LOCAL ORGANIZATION OR LOCAL
 AFFILIATE ORGANIZATION HAD SPECIFIC KNOWLEDGE ITS MEMBERS  WERE  PARTIC-
 IPATING,  AIDING,  OR  ASSISTING IN ANY ACT OF HAZING A MINOR OR STUDENT
 AND DID NOT ATTEMPT TO INTERVENE TO STOP THE HAZING OR REPORT IT TO  THE
 APPROPRIATE  LOCAL  AUTHORITIES. A LOCAL ORGANIZATION OR LOCAL AFFILIATE
 ORGANIZATION CONVICTED OF ORGANIZATIONAL HAZING PURSUANT TO THIS  SUBDI-
 VISION SHALL BE SUBJECT TO A FINE UP TO FIFTEEN THOUSAND DOLLARS.
   2.  NATIONAL  ORGANIZATION.  A  NATIONAL ORGANIZATION COMMITS NATIONAL
 ORGANIZATIONAL HAZING IF AN EMPLOYEE OF  THE  NATIONAL  ORGANIZATION  OR
 MEMBER OF THE NATIONAL ORGANIZATION'S GOVERNING BOARD OF DIRECTORS KNOW-
 INGLY  DIRECTED,  SUPERVISED,  OR  ACTIVELY  PARTICIPATED  IN ANY ACT OF
 HAZING A MINOR OR STUDENT. A NATIONAL ORGANIZATION CONVICTED OF NATIONAL
 ORGANIZATIONAL HAZING PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO A
 FINE UP TO FIFTEEN THOUSAND DOLLARS.
   3. POST-SECONDARY EDUCATION. A POST-SECONDARY EDUCATIONAL  INSTITUTION
 COMMITS  POST-SECONDARY  EDUCATIONAL  HAZING IF AN EMPLOYEE OF THE POST-
 SECONDARY EDUCATIONAL INSTITUTION OR MEMBER OF  THE  EDUCATIONAL  INSTI-
 TUTION'S  GOVERNING BOARD OF TRUSTEES KNOWINGLY DIRECTED, SUPERVISED, OR
 ACTIVELY PARTICIPATED IN ANY ACT OF HAZING A MINOR OR STUDENT.  A  POST-
 SECONDARY  EDUCATIONAL  INSTITUTION  CONVICTED  OF POST-SECONDARY EDUCA-
 TIONAL HAZING PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO A FINE UP
 TO FIFTEEN THOUSAND DOLLARS.
   § 1303. PROHIBITED DEFENSES. 1. THE IMPLIED OR EXPRESSED CONSENT OF  A
 CONVICTED  INDIVIDUAL,  CONVICTED  ORGANIZATION  OR OF EITHER A MINOR OR
 STUDENT WHOM THE HAZING WAS DIRECTED AGAINST SHALL NOT BE A DEFENSE TO A
 CHARGE PURSUANT TO THIS ARTICLE.
   2. THE ARGUMENT THAT THE HAZING CONDUCT WAS APPROVED OR SANCTIONED  BY
 A  LOCAL  ORGANIZATION, LOCAL AFFILIATE ORGANIZATION, NATIONAL ORGANIZA-
 TION, OR EDUCATIONAL INSTITUTION, OR WAS TRADITIONAL OR CUSTOMARY  SHALL
 NOT BE A DEFENSE TO A CHARGE PURSUANT TO THIS ARTICLE.
   §  1304.  IMMUNITY  FROM PROSECUTION OR CIVIL LIABILITY. 1. A STUDENT,
 LOCAL ORGANIZATION, LOCAL AFFILIATE ORGANIZATION OR  NATIONAL  ORGANIZA-
 TION  WHO  IN GOOD FAITH REPORTS OR PARTICIPATES IN REPORTING AN ALLEGA-
 TION OF HAZING TO LOCAL LAW ENFORCEMENT OR  EDUCATIONAL  INSTITUTION  IN
 ADVANCE OF HAZING THAT CAUSES INJURY TO A MINOR OR STUDENT AND WHO TAKES

 S. 7002                             4
 
 REASONABLE STEPS TO PREVENT HAZING IN THE FUTURE SHALL NOT BE SUBJECT TO
 ANY CIVIL OR CRIMINAL LIABILITY ARISING FROM THE REPORTED HAZING.
   2.  A.  A  PERSON ACTING IN GOOD FAITH AND IN A TIMELY MANNER SHALL BE
 IMMUNE FROM PROSECUTION FOR THE CRIMINAL OFFENSES RELATED TO  HAZING  OR
 ALCOHOL POSSESSION, CONSUMPTION OR DISTRIBUTION IF:
   (I) A LAW ENFORCEMENT OFFICER HAS CONTACT WITH SUCH PERSON BECAUSE THE
 PERSON:
   (1)  REQUESTS  EMERGENCY  MEDICAL ASSISTANCE FOR HIMSELF OR HERSELF OR
 ANOTHER MINOR OR STUDENT;
   (2) ACTS IN CONCERT WITH ANOTHER PERSON WHO REQUESTS EMERGENCY MEDICAL
 ASSISTANCE; OR
   (3) APPEARS TO BE IN NEED OF EMERGENCY MEDICAL ASSISTANCE AND  IS  THE
 INDIVIDUAL FOR WHOM THE REQUEST IS MADE;
   (II) THE REQUEST IS MADE FOR A MINOR OR STUDENT WHO REASONABLY APPEARS
 TO NEED MEDICAL ASSISTANCE DUE TO ALCOHOL CONSUMPTION OR HAZING; AND
   (III)  THE  PERSON  DESCRIBED  IN  PARAGRAPH A OF THIS SUBDIVISION, IF
 PHYSICALLY CAPABLE:
   (1) PROVIDES HIS OR HER  OWN  FULL  NAME  IF  REQUESTED  BY  EMERGENCY
 MEDICAL ASSISTANCE PERSONNEL OR LAW ENFORCEMENT OFFICERS;
   (2)  PROVIDES  ANY  OTHER  RELEVANT  INFORMATION  REQUESTED BY THE LAW
 ENFORCEMENT OFFICER THAT IS KNOWN TO SUCH PERSON;
   (3) REMAINS WITH, OR IS, THE MINOR OR STUDENT WHO  REASONABLY  APPEARS
 TO  NEED  MEDICAL  ASSISTANCE DUE TO ALCOHOL CONSUMPTION OR HAZING UNTIL
 PROFESSIONAL EMERGENCY MEDICAL ASSISTANCE IS PROVIDED; AND
   (4) COOPERATES WITH EMERGENCY MEDICAL  ASSISTANCE  PERSONNEL  AND  LAW
 ENFORCEMENT OFFICERS.
   § 1305. FAILURE TO SEEK ASSISTANCE. 1. ANY PERSON WHO ACTIVELY DIRECTS
 OR ENGAGES IN AN ACT OF HAZING WHICH RESULTS IN THE INJURY OF A MINOR OR
 STUDENT,  SHALL,  TO THE EXTENT THAT THE PERSON CAN DO SO WITHOUT DANGER
 OR PERIL TO HIMSELF OR HERSELF OR OTHERS, GIVE REASONABLE ASSISTANCE  TO
 THE INJURED MINOR OR STUDENT. REASONABLE ASSISTANCE INCLUDES IMMEDIATELY
 SEEKING  OR REPORTING THE NEED FOR MEDICAL ASSISTANCE TO THE LOCAL EMER-
 GENCY MEDICAL SERVICE PROVIDER OR A 911 EMERGENCY SERVICES EQUIVALENT.
   2. A PERSON WHO FAILS TO SEEK  ASSISTANCE  FOR  AN  INJURED  MINOR  OR
 STUDENT,  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, WHERE NO SERIOUS
 BODILY INJURY OCCURS SHALL BE CONVICTED OF A MISDEMEANOR  AND  SHALL  BE
 SUBJECT  TO  A FINE OF ONE THOUSAND DOLLARS, IMPRISONMENT FOR A TERM NOT
 MORE THAN ONE YEAR OR BY BOTH SUCH FINE AND IMPRISONMENT.
   3. A PERSON WHO FAILS TO SEEK  ASSISTANCE  FOR  AN  INJURED  MINOR  OR
 STUDENT,  PURSUANT  TO  SUBDIVISION  ONE  OF THIS SECTION, WHERE SERIOUS
 BODILY INJURY OCCURS SHALL BE CONVICTED OF A FELONY AND SHALL BE SUBJECT
 TO A FINE OF TWO THOUSAND DOLLARS, IMPRISONMENT FOR A TERM NOT MORE THAN
 FIVE YEARS OR BY BOTH SUCH FINE AND IMPRISONMENT.
   § 1306. HAZING ADJUDICATION REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS.
 UPON LEARNING OF ANY ALLEGED ACT OF HAZING THAT  IS  NOT  COVERED  UNDER
 SECTION  THIRTEEN  HUNDRED FOUR OF THIS ARTICLE, AN EDUCATIONAL INSTITU-
 TION IS REQUIRED TO USE THEIR STANDARD CAMPUS  DISCIPLINARY  PROCESS  TO
 INVESTIGATE  INDIVIDUAL  STUDENTS ALLEGED TO BE INVOLVED IN SUCH ACTS OF
 HAZING.
   § 1307. EDUCATIONAL  PROGRAMS  AT  EDUCATIONAL  INSTITUTIONS.  1.  THE
 DEPARTMENT  SHALL  DEVELOP  A  STATEWIDE EDUCATIONAL PLAN FOR PREVENTING
 HAZING AT EDUCATIONAL INSTITUTIONS.
   2. EDUCATIONAL INSTITUTIONS SHALL PROVIDE STUDENTS WITH AN EDUCATIONAL
 PROGRAM ON HAZING WHICH SHALL INCLUDE INFORMATION ON  HAZING  AWARENESS,
 PREVENTION, INTERVENTION, AND SUCH EDUCATIONAL INSTITUTION'S POLICIES ON

 S. 7002                             5

 HAZING. SUCH EDUCATIONAL PROGRAM ON HAZING MAY BE CONDUCTED IN-PERSON OR
 ONLINE. AN EDUCATIONAL INSTITUTION IS INDIVIDUALLY RESPONSIBLE FOR:
   A.  VERIFYING ATTENDANCE AT AN IN-PERSON EDUCATIONAL PROGRAM ON HAZING
 OR PARTICIPATION ON AN ONLINE EDUCATIONAL PROGRAM ON HAZING; AND
   B. PROVIDING STAFF AND/OR VOLUNTEERS TO ADMINISTER AND ADVISE ON  SUCH
 EDUCATIONAL PROGRAM.
   3.  A  STUDENT SHALL COMPLETE THE EDUCATIONAL PROGRAM ON HAZING WITHIN
 THIRTY DAYS OF ENROLLMENT AT A POST-SECONDARY SCHOOL  OR  WITHIN  THIRTY
 DAYS  FROM  THE  START OF THE SECONDARY EDUCATIONAL INSTITUTION'S SCHOOL
 YEAR. A STUDENT WHO FAILS TO COMPLETE SUCH EDUCATIONAL PROGRAM ON HAZING
 SHALL NOT BE ABLE TO ATTEND SUCH EDUCATIONAL INSTITUTION OR  PARTICIPATE
 IN  LOCAL  ORGANIZATIONS,  AFFILIATED  LOCAL  ORGANIZATIONS  OR NATIONAL
 ORGANIZATIONS UNTIL SUCH EDUCATIONAL PROGRAM IS COMPLETE.
   4. NATIONAL ORGANIZATIONS  SHALL  PROVIDE  SEPARATE  AND  SUPPLEMENTAL
 EDUCATIONAL PROGRAM ON HAZING FOR THEIR LOCAL AFFILIATE CHAPTERS OPERAT-
 ING WITHIN THE STATE.
   §  1308.  INSTITUTIONAL REPORTS OF CERTAIN VIOLATIONS. 1. BEGINNING IN
 THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE  ACADEMIC  SCHOOL  YEAR
 EACH  EDUCATIONAL  INSTITUTION SHALL MAINTAIN AND PUBLICLY REPORT ACTUAL
 FINDINGS OF VIOLATIONS OF THE EDUCATIONAL INSTITUTION'S CODE OF  CONDUCT
 OR  FEDERAL  OR  STATE  LAWS RELATING TO HAZING THAT ARE REPORTED TO THE
 EDUCATIONAL INSTITUTION'S AUTHORITIES, LOCAL LAW  ENFORCEMENT,  NATIONAL
 ORGANIZATIONS  OR  ANY ORGANIZATION FORMALLY AFFILIATED WITH SUCH EDUCA-
 TIONAL INSTITUTION. SUCH REPORT SHALL BE UPDATED AT LEAST  TEN  CALENDAR
 DAYS BEFORE THE START OF EACH FALL AND SPRING ACADEMIC SEMESTERS.
   2. THE INSTITUTIONAL REPORT ON VIOLATIONS OF HAZING SHALL INCLUDE:
   A. THE NAME OF THE LOCAL ORGANIZATION OR AFFILIATE LOCAL ORGANIZATION;
   B.  WHEN  THE  LOCAL  ORGANIZATION OR AFFILIATE LOCAL ORGANIZATION WAS
 CHARGED WITH A VIOLATION INCLUDING IF APPLICABLE:
   (I) THE DATES ON WHICH THE CITATION FOR A VIOLATION WAS ISSUED;
   (II) THE EVENT THAT THE VIOLATION OCCURRED; AND
   (III) IF THE INVESTIGATION RESULTED IN A FINDING OF A  VIOLATION,  THE
 DATE  ON  WHICH  THE  INVESTIGATION ON SUCH VIOLATIONS WAS INITIATED AND
 CONCLUDED; AND
   C. A GENERAL DESCRIPTION OF THE INCIDENT INCLUDING:
   (I) THE VIOLATIONS CHARGED;
   (II) THE FINDINGS OF THE INVESTIGATION; AND
   (III) THE SANCTIONS PLACED ON  THE  LOCAL  ORGANIZATION  OR  AFFILIATE
 LOCAL ORGANIZATION.
   3.  NO  PERSONAL  IDENTIFYING  INFORMATION  OF  A  MINOR OR INDIVIDUAL
 STUDENT SHALL BE INCLUDED IN THE INSTITUTIONAL REPORT ON  VIOLATIONS  OF
 HAZING  AND  SHALL BE SUBJECT TO THE REQUIREMENTS PURSUANT TO THE FAMILY
 EDUCATION RIGHTS AND PRIVACY ACT, SECTION 1232-G  OF  TITLE  20  OF  THE
 UNITED STATES CODE.
   4.  THE  INSTITUTIONAL  REPORTS ON VIOLATIONS OF HAZING REQUIRED UNDER
 THIS SECTION SHALL BE MADE AVAILABLE ON  THE  EDUCATIONAL  INSTITUTION'S
 WEBSITE  IN  A  PROMINENT  LOCATION.  EACH EDUCATIONAL INSTITUTION SHALL
 MAINTAIN REPORTS AS THEY ARE UPDATED ON THE WEBSITE FOR FIVE YEARS.  THE
 WEBPAGE THAT CONTAINS SUCH REPORTS MUST INCLUDE  A  STATEMENT  NOTIFYING
 THE PUBLIC:
   A.  OF THE AVAILABILITY OF ADDITIONAL INFORMATION RELATED TO FINDINGS,
 SANCTIONS, AND ORGANIZATIONAL SANCTION COMPLETION;
   B. WHERE A MEMBER OF THE PUBLIC MAY OBTAIN THE ADDITIONAL  INFORMATION
 THAT IS NOT PROTECTED UNDER THE FAMILY EDUCATION RIGHTS AND PRIVACY ACT,
 SECTION 1232-G OF TITLE 20 OF THE UNITED STATES CODE; AND

 S. 7002                             6
 
   C.  THAT THE EDUCATIONAL INSTITUTION IS REQUIRED TO PROVIDE THIS ADDI-
 TIONAL INFORMATION PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   5.  EACH EDUCATIONAL INSTITUTION SHALL FURNISH A PRINTED NOTICE OF THE
 NATURE AND AVAILABILITY OF THIS REPORT AND THE WEBSITE ADDRESS WHERE  IT
 CAN BE FOUND TO ATTENDEES AT STUDENT ORIENTATION.
   6. EACH EDUCATIONAL INSTITUTION IS REQUIRED TO REPORT TO LOCAL AUTHOR-
 ITIES  WITHIN  SEVENTY-TWO  HOURS  ANY  HAZING  ALLEGATION THAT INVOLVED
 SIGNIFICANT RISK OF BODILY INJURY OR RESULTED IN A SERIOUS BODILY  INJU-
 RY.
   §  1309.  STATE  ANTI-HAZING FUND. 1. THE DEPARTMENT SHALL ESTABLISH A
 FUND TO BE KNOWN AS THE "STATE ANTI-HAZING FUND" AND SHALL DEPOSIT  INTO
 THE  FUND  ALL MONEYS RECEIVED PURSUANT TO SECTIONS THIRTEEN HUNDRED TWO
 AND THIRTEEN HUNDRED THREE OF THIS ARTICLE AND ANY OTHER  MONIES  APPRO-
 PRIATED BY LAW FOR DEPOSIT INTO THE FUND.
   2.  THE  DEPARTMENT SHALL ALLOCATE MONIES AVAILABLE IN THE STATE ANTI-
 HAZING FUND FOR THE PURPOSE OF MAKING GRANTS TO EDUCATIONAL INSTITUTIONS
 FOR THE ESTABLISHMENT AND ADMINISTRATION OF HAZING EDUCATION PROGRAMS AS
 DESCRIBED IN SECTION THIRTEEN HUNDRED SEVEN OF THIS ARTICLE.
   § 2. Section 120.16 of the penal law is REPEALED.
   § 3. Section 120.17 of the penal law is REPEALED.
   § 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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