NY State Senate Bill 2021-S194

Senate Bill S194

2021-2022 Legislative Session

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

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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 05, 2022	referred to education
Jan 06, 2021	referred to education

2021-S194 (ACTIVE) - Details

See Assembly Version of this Bill:: A3443
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 Other Legislative Sessions:: 2019-2020: S7002, A9016
2023-2024: A963

2021-S194 (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.

2021-S194 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S194

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. Unfortu-
nately, 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:

S. 7002/A. 9016 of 2019/20; Referred to Education Committee

 
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.

2021-S194 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    194
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00950-01-1

 S. 194                              2
 
 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,
 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.

 S. 194                              3

   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.
   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.

 S. 194                              4
 
   § 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
 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.

 S. 194                              5
 
   § 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
 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--TWO THOUSAND TWENTY-THREE 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
 EDUCATIONAL  INSTITUTION.  SUCH  REPORT  SHALL  BE  UPDATED AT LEAST TEN
 CALENDAR DAYS BEFORE THE START OF EACH FALL AND SPRING  ACADEMIC  SEMES-
 TERS.
   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

 S. 194                              6
 
 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
   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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