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

                                  4785

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by  M. of A. MORELLE, BARRA -- 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.
                                                           LBD08441-01-9

              

A. 4785                             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  added by chapter 597 of the laws of 2003, 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,
BIAS RELATED CRIME, HAZING,  UNDERAGE  DRINKING  AND  ILLEGAL  DRUG  USE
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, HAZING, AND BIAS RELATED CRIME INCIDENTS
and dealing with victims during investigations;
  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,

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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.