JICFA-E:
HAZING
CH. 269, S.17. CRIME OF HAZING;
DEFINITION; PENALTY
Whoever is a principal organizer or
participant in the crime of hazing as defined herein shall be punished by a
fine of not more than three thousand dollars or by imprisonment in a house of
correction for not more than one year, or by both such fine and
imprisonment.
The term "hazing" as used in this
section and in sections eighteen and nineteen, shall mean any conduct or method
of initiation into any student organization, whether on public or private
property, which willfully or recklessly endangers the physical or mental health
of any student or other person. Such conduct shall include whipping, beating,
branding, forced calisthenics, exposure to the weather, forced consumption of
any food, liquor, beverage, drug or other substance, or any other brutal
treatment or forced physical activity which is likely to adversely affect the
physical health or safety of any such student or other person, or which subjects
such student or other person to extreme mental stress, including extended
deprivation of sleep or rest or extended isolation. Notwithstanding any other
provisions of this section to be contrary, consent shall not be available as a
defense to any prosecution under this action.
CH. 269, S.18. DUTY TO REPORT
HAZING
Whoever knows that another person is
the victim of hazing as defined in section seventeen and is at the scene of such
crime shall, to the extent that such person can do so without danger or peril to
himself or others, report such crime to an appropriate law enforcement official
as soon as reasonably practicable. Whoever fails to report such crime shall be
punished by a fine of not more than one thousand dollars.
CH. 269, S.19. HAZING STATUTES TO BE
PROVIDED; STATEMENT OF COMPLIANCE AND DISCIPLINE POLICY REQUIRED
Each secondary school and each
public and private school or college shall issue to every group or organization
under its authority or operating on or in conjunction with its campus or school,
and to every member, plebe, pledge or applicant for membership in such group or
organization, a copy of this section and sections seventeen and eighteen. An
officer of each such group or organization, and each individual receiving a copy
of said sections seventeen and eighteen shall sign an acknowledgment stating
that such group, organization or individual has received a copy of said
sections seventeen and eighteen.
Each secondary school and each
public or private school or college shall file, at least annually, a report with
the regents of higher education and in the case of secondary schools, the Board
of Education, certifying that such institution has complied with the provisions
of this section and also certifying that said school has adopted a disciplinary
policy with regards to the organizers and participants of hazing. The Board of
Regents and, in the case of secondary schools, the Board of Education shall
promulgate regulations governing the content and frequency of such reports, and
shall forthwith report to the attorney general any such institution which fails
to make such a report.
SOURCE: MASC
Adopted on: April 10,
2008