Hazing Act, MA General Laws

Hazing Act

The Hazing Act, Massachusetts General Laws, chapter 269, Sections 17 through 19

This is a true copy of sections 17, 18, and 19 of the Hazing Act to be provided to each PVCICS student in accordance with the law.

“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 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 wilfully 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 the contrary, consent shall not be available as a defense to any prosecution under this action.

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.

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 members, 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 board 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 communicating the institution’s policies to its students. The board of higher education 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.”

Disciplinary Policy with regard to the Organizers and Participants of Hazing

The Hazing Act requires the school to have a disciplinary policy for the organizers and participants of hazing, and to set it forth with appropriate emphasis in the student handbook or similar means of communicating the institution's policies to its students.

The school procedures concerning the initiation of conduct proceedings contained within the Student Conduct of Conduct state that:

The school reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community. Such action may include pursuing conduct action for any violation of state or federal law, on or off-campus, that affects the school’s educational interests.

Any student, faculty, or staff member may file a complaint of student misconduct to the Principal or designee. All reporters will fill out the “Incident Report” form and submit electronically to one of the designees listed above. Reports of alleged misconduct will be reviewed and adjudicated if necessary.

A student, who demonstrates unacceptable behavior, thereby failing to be a responsible member of the PVCICS community, may be subject to disciplinary action. Reports of alleged violations will be provided to the designee of Student Conduct system who will review the incident, call in members of the faculty, staff, and/or students and determine an appropriate outcome based on the preponderance of the evidence. Organizing or participating in hazing shall be deemed misconduct and charges will be filed in writing to the Principal or designee. Such charges will be considered "extraordinary circumstances" and the student(s) concerned may be interim suspended, effective immediately, pending further investigation of the case. Then it is determined in accordance with the Student Code of Conduct that a charged party was an organizer or participant in hazing under the meaning of the law the sanctions recommend by the hearing board shall be limited to restitution, suspension or expulsion.

PLEASE RETAIN FOR SCHOOL RECORDS

(Give to your Teacher or Director of Operations and Student Activities)

I do hereby attest and acknowledge that I have been given a copy and will comply in full with the provisions of the Hazing Act as set out by the above items stipulated in section 17- 19 of the Act, and that this form serves as the required attested acknowledgement.

DATE ______________________________________

STUDENT SIGNATURE______________________________________________________________

PRINT STUDENT NAME ____________________________________________________________

This completed form must be submitted to the Director of Operations and Student Activities no later than September 30th of each year

Or Submit the Electronic Version Below: