The
following words and phrases when used in this act shall
have the meanings given to them in this section unless
the context clearly indicates otherwise:
"HAZING." Any action or situation which recklessly
or intentionally endangers the mental or physical health
or safety of a student or which willfully destroys or
removes public or private property for the purpose of
initiation or admission into or affiliation with, or
as a condition for continued membership in, any organization
operating under the sanction of or recognized as an
organization by an institution of higher education.
The term shall include, but not be limited to, any brutality
of a physical nature, such as whipping, beating, branding,
forced calisthenics, exposure to the elements, forced
consumption of any food, liquor, drug or other substance,
or any other forced physical activity which could adversely
affect the physical health and safety of the individual,
and shall include any activity which would subject the
individual to extreme mental stress, such as sleep deprivation,
forced exclusion from social contact, forced conduct
which could result in extreme embarrassment, or any
other forced activity which could adversely affect the
mental health or dignity of the individual, or any willful
destruction or removal of public or private property.
For purposes of this definition, any activity as described
in this definition upon which the initiation or admission
into or affiliation with or continued membership in
an organization is directly or indirectly conditioned
shall be presumed to be "forced" activity,
the willingness of an individual to participate in such
activity notwithstanding.
"INSTITUTION OF HIGHER EDUCATION" or "INSTITUTION."
Any public or private institution within this Commonwealth
authorized to grant an associate degree or higher academic
degree.
[P.S.]
§ 5353. Hazing prohibited
Any person who causes or participates in hazing commits
a misdemeanor of the third degree.
[P.S.]
§ 5354. Enforcement by institution
(A)
ANTIHAZING POLICY.-- Each institution shall adopt a
written anti-hazing policy and, pursuant to that policy,
shall adopt rules prohibiting students or other persons
associated with any organization operating under the
sanction of or recognized as an organization by the
institution from engaging in any activity which can
be described as hazing.
(B) ENFORCEMENT AND PENALTIES.--
(1) Each institution shall provide a program for the
enforcement of such rules and shall adopt appropriate
penalties for violations of such rules to be administered
by the person or agency at the institution responsible
for the sanctioning or recognition of such organizations.
(2) Such penalties may include the imposition of fines,
the withholding of diplomas or transcripts pending compliance
with the rules or pending payment of fines and the imposition
of probation, suspension or dismissal.
(3) In the case of an organization which authorizes
hazing in blatant disregard of such rules, penalties
may also include rescission of permission for that organization
to operate on campus property or to otherwise operate
under the sanction or recognition of the institution.
(4) All penalties imposed under the authority of this
section shall be in addition to any penalty imposed
for violation of section 3 or any of the criminal laws
of this State or for violation of any other institutional
rule to which the violator may be subject.
(5) Rules adopted pursuant hereto shall apply to acts
conducted on or off campus whenever such acts are deemed
to constitute hazing.
