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269:17 HAZING; ORGANIZING OR
PARTICIPATING; HAZING DEFINED.
Section 17. 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, [sic] year,
or 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 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 the contrary,
consent
shall not be available as a defense to any prosecution under this
action.
269:18 FAILURE TO REPORT HAZING.
Section 18. 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.
269:19 Copy of secs. 17-19; issuance to students and student groups,
teams and
organizations; report
Section 19. Each institution of secondary
education and each public and private
institution of post secondary education shall issue to every student
group, student team or student organization which is part of such
institution or is recognized by the institution or permitted by
the institution to use its name or facilities or is known by the
institution to exist as an unaffiliated student group, student team,
or student organization, a copy of this section and sections seventeen
and eighteen; provided, however, that an institution's compliance
with this section's requirements that an institution issue copies
of this section and sections seventeen and eighteen to unaffiliated
student groups, teams, or organizations shall not constitute evidence
of the institution's recognition or endorsement of said unaffiliated
student groups, teams or organizations.
Each such group, team or organization shall distribute a copy of
this section and sections seventeen and eighteen to each of its
members, plebes, pledges or applicants for membership. It shall
be the duty of each such group, team or organization, acting through
its designated officer, to deliver annually, to the institution
an attested acknowledgement stating that such group, team or organization
has received a copy of this section and said sections seventeen
and eighteen, that each of its member, plebes, pledges, or applicants
has received a copy of sections seventeen and eighteen, and that
such group, team or organization understands and agrees to comply
with the provisions of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private
institution
of post secondary education shall, at least annually, before or
at the start of enrollment,
deliver to each person who enrolls as a full time student in such
institution a copy of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private
institution
of post secondary education shall file, at least annually, a report
with the regents of higher
education and in the case of secondary institutions, the board of
education, certifying that such institution has complied with its
responsibility to inform student groups, teams or organizations
and to notify each full time student enrolled by it of the provisions
of this section and sections seventeen and eighteen and also certifying
that said institution has adopted a disciplinary policy with regard
to the organizers and participants of hazing, and that such policy
has been set forth with appropriate emphasis in the student handbook
or similar means of communication the institution's policies to
its students. The board of regents and, in the case of secondary
institutions, 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 report.
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