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.