Utah Hazing Law

§ 76-5-107.5.  Prohibition of "hazing" -- Definitions -- Penalties


   (1) A person is guilty of hazing if that person intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:

   (a) (i) endangers the mental or physical health or safety of another; or

      (ii) involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements; or

      (iii) involves consumption of any food, liquor, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual; or

      (iv) involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation; or

      (v) involves cruelty to any animal as provided in Section 76-9-301; and

   (b) (i) is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization; or

      (ii) if the actor knew that the victim is a member of or candidate for membership with a school team or school organization to which the actor belongs or did belong within the preceding two years.

(2) It is not a defense to prosecution of hazing that a person under 21, against whom the hazing was directed, consented to or acquiesced in the hazing activity.

(3) An actor who hazes another is guilty of a:

   (a) class C misdemeanor if the conduct violates Section 76-9-301;

   (b) class B misdemeanor if there are no aggravating circumstances;

   (c) class A misdemeanor if the act involves the operation or other use of a motor vehicle;

   (d) third degree felony if the act involves the use of a dangerous weapon as defined in Section 76-1-601;

   (e) third degree felony if the hazing results in serious bodily injury to a person; or

   (f) second degree felony if hazing under Subsection (3)(e) involves the use of a dangerous weapon as defined in Section 76-1-601.

(4) A person who in good faith reports or participates in reporting of an alleged hazing is not subject to any civil or criminal liability regarding the reporting.

(5) (a) This section does not apply to military training or other official military activities.

   (b) Military conduct is governed by Title 39, Chapter 6, Utah Code of Military Justice.

(6) (a) A prosecution under this section does not bar a prosecution of the actor for:

      (i) any other offense for which the actor may be liable as a party for conduct committed by the person hazed; or

      (ii) any offense, caused in the course of the hazing, that the actor commits against the person who is hazed.

   (b) Under Subsection (6)(a)(i) a person may be separately punished, both for the hazing offense and the conduct committed by the person hazed.

   (c) Under Subsection (6)(a)(ii) a person may not be punished both for hazing and for the other offense, but shall be punished for the offense carrying the greater maximum penalty.

§ 53A-11-908.  Extracurricular activities -- Prohibited conduct -- Reporting of violations -- Limitation of liability


   (1) The Legislature recognizes that:

   (a) participation in student government and extracurricular activities may confer important educational and lifetime benefits upon students, and encourages school districts to provide a variety of opportunities for all students to participate in such activities in meaningful ways;

   (b) there is no constitutional right to participate in these types of activities, and does not through this section or any other provision of law create such a right;

   (c) students who participate in student government and extracurricular activities, particularly competitive athletics, and the adult coaches, advisors, and assistants who direct those activities, become role models for others in the school and community;

   (d) these individuals often play major roles in establishing standards of acceptable behavior in the school and community, and establishing and maintaining the reputation of the school and the level of community confidence and support afforded the school; and

   (e) it is of the utmost importance that those involved in student government, whether as officers or advisors, and those involved in competitive athletics and related activities, whether students or staff, comply with all applicable laws and rules of behavior and conduct themselves at all times in a manner befitting their positions and responsibilities.

(2) (a) The State Board of Education may, and local boards of education shall, adopt rules implementing this section that apply to both students and staff.

   (b) Those rules shall include prohibitions against:

      (i) use of foul, abusive, or profane language while engaged in school related activities;

      (ii) illicit use, possession, or distribution of controlled substances or drug paraphernalia, and the use, possession, or distribution of tobacco or alcoholic beverages contrary to law; and

      (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including behavior involving physical violence, restraint, improper touching, or inappropriate exposure of body parts not normally exposed in public settings, forced ingestion of any substance, or any act which would constitute a crime against a person or public order under Utah law.

(3) (a) School employees who reasonably believe that a violation of this section may have occurred shall immediately report that belief to the school principal or district superintendent.

   (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the alleged incident, and actions taken in response, to the district superintendent or the superintendent's designee within ten working days after receipt of the report.

   (c) Failure of a person holding a professional certificate to report as required under this Subsection (3) constitutes an unprofessional practice.

(4) Limitations of liability set forth under Section 53A-11-1004 apply to this section.