2023 Louisiana Laws › Revised Statutes › Title 17 - Education › §17:1801. Hazing prohibited; reporting; documentation

RS 17:1801 - Hazing prohibited; reporting; documentation
A. Hazing in any form, or the use of any method of initiation into organizations in any education institution supported wholly or in part by public funds, which is likely to cause bodily danger or physical punishment to any student or other person attending any such institution is prohibited.
B. Whoever violates the provisions of this Section shall be expelled, suspended, or dismissed from the education institution and not permitted to return for at least one semester, quarter, or comparable academic period. In addition, the person violating the provisions of this Section may also be subject to the provisions of R.S. 14:40.8 which provides penalties for certain hazing activities.
C.(1) If an organization has taken disciplinary action against one of its members for hazing or has reason to believe that any member of the organization has participated in an incident of hazing, the organization shall report the incident to the institution with which it is affiliated. If an organization or any of its members has been disciplined by a parent organization for hazing, the organization shall report the hazing for which the organization was disciplined to the institution with which it is affiliated.
(2) When the institution receives a report of an alleged incident of hazing pursuant to the provisions of Paragraph (1) of this Subsection, the institution shall do both of the following:
(a) Report to law enforcement as required by R.S. 14:40.8. The information reported to law enforcement shall include all information and details received by the institution relative to the alleged incident, with no information being redacted, including the name of all individuals alleged to have committed the act or acts of hazing identified in the report.
(b) Document in writing all actions taken with regard to the report including but not limited to the date the report was received, reports made to law enforcement as provided in R.S. 14:40.8, and any other information relative to the institution's investigation, processing, and resolution of the incident.
(3) The Board of Regents, in consultation with the public postsecondary education management boards, shall develop the following:
(a) A standardized form that organizations shall use in making the reports required by Paragraph (1) of this Subsection.
(b) A standardized form that institutions shall use to document such reports, reports made to law enforcement as provided in R.S. 14:40.8, and the manner in which each hazing incident is handled and resolved at the institution level.
(c) A policy relative to making available to the public certain information relative to hazing that is documented pursuant to this Paragraph.
D. For purposes of this Section and R.S. 17:1801.1:
(1)(a) "Hazing" means any intentional, knowing, or reckless act by a person acting alone or acting with others that is directed against another when both of the following apply:
(i) The person knew or should have known that such an act endangers the physical health or safety of the other person or causes severe emotional distress.
(ii) The act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization.
(b) "Hazing" includes but is not limited to any of the following acts associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization:
(i) Physical brutality, such as whipping, beating, paddling, striking, branding, electric shocking, placing of a harmful substance on the body, or similar activity.
(ii) Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects the other person to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual or causes severe emotional distress.
(iii) Activity involving consumption of food, liquid, or any other substance, including but not limited to an alcoholic beverage or drug, that subjects the individual to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual or causes severe emotional distress.
(iv) Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.
(c) A physical activity that is normal, customary, and necessary for a person's training and participation in an athletic, physical education, military training, or similar program sanctioned by the postsecondary education institution is not considered "hazing" for purposes of this Section.
(2) "Organization" means a fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group whose members are primarily students at, or former students of, a postsecondary education institution. "Organization" includes the national or parent organization of which any of the underlying entities provided for in this Paragraph is a sanctioned or recognized member at the time of the hazing.
(3) "Pledging" means any action or activity related to becoming a member of an organization, including recruitment and rushing.
(4) "Postsecondary education institution", "education institution", and "institution" mean any postsecondary education institution in this state supported wholly or in part by public funds.
Acts 2018, No. 635, §2; Acts 2018, No. 640, §1, eff. May 31, 2018; Acts 2019, No. 382, §2.