An Act To Expand and Clarify the Prohibition of Hazing at Elementary Schools, Secondary Schools and Postsecondary Institutions (AFTER DEADLINE)
Maine Legislature, Session 129, LD 1765
Committee: Education and Cultural Affairs
Sponsors: STEWART, POULIOT, SAMPSON, CARPENTER, DILL
Amends: 20-A MRSA §2902, 20-A MRSA §6553, 20-A MRSA §10004

Legislative Document
No. 1765
H.P. 1254
House of Representatives, May 21, 2019
An Act To Expand and Clarify the Prohibition of Hazing at 
Elementary Schools, Secondary Schools and Postsecondary 
Institutions
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative STEWART of Presque Isle.
Cosponsored by Senator POULIOT of Kennebec and
Representative: SAMPSON of Alfred, Senators: CARPENTER of Aroostook, DILL of 
Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §2902, sub-§9, as amended by PL 2001, c. 452, §6, is 
further amended to read:
9.  Medication.  Meet the requirements for administering medication under section 
254, subsection 5; and
Sec. 2.  20-A MRSA §2902, sub-§10, as enacted by PL 2001, c. 452, §7, is 
amended to read:
10.  Reintegration planning.  Meet the requirements for administering reintegration 
planning under section 254, subsection 12.; and
Sec. 3.  20-A MRSA §2902, sub-§11 is enacted to read:
11.  Prohibition of hazing.  Meet the requirements of section 6553 prohibiting 
hazing in elementary and secondary private schools.
Sec. 4.  20-A MRSA §6553, as amended by PL 1999, c. 351, §4, is further 
amended to read:
§6553.  Prohibition of hazing
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Injurious hazing" "Hazing" means any action or situation, including harassing 
behavior, that recklessly or intentionally endangers the mental or physical health of 
any school personnel or a student enrolled in a public school. or that, for the purpose 
of pledging to, initiating in, admitting to, affiliating with or continuing or enhancing 
status in an organization, humiliates, degrades, abuses or endangers a minor or a 
student or causes the minor or student to:
(1)  Violate state or federal law;
(2)  Consume food, liquid, alcohol, drugs or other substances in a noncustomary 
manner that subjects the minor or student to risk of emotional or physical harm; 
or
(3)  Endure activity that may adversely affect the health and safety of the minor 
or student.
"Hazing" does not include a customary athletic or other similar activity or 
competition or activity or conduct that furthers a legal and legitimate objective.
B.  "Violator" means any person or any organization which that engages in injurious 
hazing.
2.  Adoption of policy.  The school board or governing body for a private school 
shall adopt a policy which that establishes that "injurious hazing," hazing, either on or off 
school property, by any student, staff member, group or organization affiliated with the 
public school is prohibited.
3.  Penalties.  The school board or governing body for a private school shall establish 
penalties for violation of the rules policy established in subsection 2.  The penalties shall 
must include, but may not be limited to, provisions for:
A.  In the case of a person If the violator is not associated with the public school, the 
ejection of the violator from school property;
B.  In the case of If the violator is a student, school administrator or school staff 
violator member, the individual's violator's suspension, expulsion or other appropriate 
disciplinary action; and
C.  In the case of If the violator is an organization affiliated with the public school 
which that authorizes hazing, rescission of permission for that organization to operate 
on school property or receive any other benefit of affiliation with the public school.
These penalties shall be are in addition to any other civil or criminal penalty to which the 
violator or organization may be subject.
4.  Administrative responsibility.  The school board shall assign responsibility for 
administering the policy established in subsection 2 to the superintendent of schools and 
establish procedures for appealing the action or lack of action of the superintendent.  The 
governing body for a private school is responsible for administering the policy 
established in subsection 2.
5.  Dissemination.  The school board or governing body shall clearly set forth the 
policy adopted under subsection 2 and penalties adopted under subsection 3 and shall 
distribute copies of them the policy and penalties to all students enrolled in the public 
school.
6.  Criminal violation.  A violator commits a Class E crime.  A violation under this 
subsection does not preclude a charge and may be in addition to a penalty imposed for a 
violation of any other criminal law of the State resulting from the same underlying 
conduct.
7.  Disallowed defenses.  It is not a defense to a violation under subsection 3 or 
subsection 6 that:
A.  No injury or damage resulted from the hazing;
B.  The minor or student subject to the hazing consented to or willingly participated 
in the hazing; or
C.  The hazing was not part of an official organization event or a condition of 
membership in or otherwise sanctioned or approved by an organization.
8.  Immunity from prosecution.  A person who in good faith reports or participates 
in the reporting of an allegation of hazing to a school, school administrative unit or law 
enforcement agency or takes reasonable steps to prevent hazing is not subject to any civil 
or criminal liability arising from the reported hazing or any associated activity, including 
the possession, consumption or furnishing of alcohol or illegal substances.
Sec. 5.  20-A MRSA §10004, as enacted by PL 1983, c. 159, is amended to read:
§10004.  Prohibition of hazing
1.  Definitions. As used in this section, unless the context indicates otherwise, the 
following terms have the following meanings. 
A.  "Injurious hazing" "Hazing" means any action or situation which that recklessly 
or intentionally endangers the mental or physical health of a student enrolled at an 
institution in this State. or that, for the purpose of pledging to, initiating in, admitting 
to, affiliating with or continuing or enhancing status in an organization, humiliates, 
degrades, abuses or endangers a minor or a student or causes the minor or student to:
(1)  Violate state or federal law;
(2)  Consume food, liquid, alcohol, drugs or other substances in a noncustomary 
manner that subjects the minor or student to risk of emotional or physical harm; 
or
(3)  Endure activity that may adversely affect the health and safety of the minor 
or student.
"Hazing" does not include a customary athletic or other similar activity or 
competition or activity or conduct that furthers a legal and legitimate objective.
B.  "Institution" means any post-secondary public or private postsecondary institution 
incorporated or chartered under the laws of this State.
C.  "Trustees" means trustees or the governing board of every post-secondary a 
postsecondary institution incorporated or chartered under the laws of this State.
D.  "Violator" means any person or any organization which that engages in hazing.
2.  Adoption of rules. The trustees shall adopt rules: 
A.  For the maintenance of public order; and
B.  Prohibiting injurious hazing by any student, faculty member, group or 
organization affiliated with the institution, either on or off campus.
3.  Administrative penalties. The trustees shall establish penalties for violation of 
the rules established in subsection 2. The penalties shall must include, but may not be 
limited to, provisions for: 
A.  In the case of a person If the violator is not associated with the institution, the 
ejection of the violator from the campus or institution property;
B.  In the case of If the violator is a student, administrator or faculty violator member, 
the individual's violator's suspension, expulsion or other appropriate disciplinary 
action; and
C.  In the case of If the violator is an organization affiliated with the institution which 
that authorizes hazing, recision rescission of permission for that organization to 
operate on campus property or receive any other benefit of affiliation with the 
institution.
These penalties shall be are in addition to any other civil or criminal penalty to which the 
violator or organization may be subject.
4.  Administrative responsibility. The trustees shall assign responsibility for 
administering the rules under subsection 2 to an administrative officer of the institution 
and establish procedures for appealing the action or lack of action of the officer.
5.  Dissemination. The trustees shall clearly set forth the rules under subsection 2 
and penalties under subsection 3 and shall give a copy of them the rules and penalties to 
all students enrolled in the institution.
6.  Bylaws of organizations. The rules shall under subsection 2 must be part of the 
bylaws of all organizations affiliated with the institution.
7.  Criminal violation.  A violator commits a Class E crime.  A violation under this 
subsection does not preclude a charge and may be in addition to a penalty imposed for a 
violation of any other criminal law of the State resulting from the same underlying 
conduct.
8.  Disallowed defenses.  It is not a defense to a violation under subsection 3 or 
subsection 7 that:
A.  No injury or damage resulted from the hazing;
B.  The minor or student subject to the hazing consented to or willingly participated 
in the hazing; or
C.  The hazing was not part of an official organization event or a condition of 
membership in or otherwise sanctioned or approved by an organization.
9.  Immunity from prosecution.  A person who in good faith reports or participates 
in the reporting of an allegation of hazing to an institution or law enforcement agency or 
takes reasonable steps to prevent hazing is not subject to any civil or criminal liability 
arising from the reported hazing or any associated activity, including the possession, 
consumption or furnishing of alcohol or illegal substances.
SUMMARY
This bill updates the prohibition of hazing in elementary, secondary and 
postsecondary schools and institutions by:
1.  Expanding and clarifying the activity that constitutes hazing;
2.  Making it explicit that the prohibition applies to public and private elementary, 
secondary and postsecondary schools;
3.  Making hazing a Class E crime;
4.  Disallowing defenses such as consent or willing participation of the subject of the 
hazing, that no injury or damage resulted from the hazing or that the hazing was not 
sanctioned by or part of an organization's membership requirements; and
5.  Providing immunity from civil or criminal liability for reporting or attempting to 
prevent hazing.