Hazing

Hazing of any kind is prohibited. [Education Code, Chap. 37; Texas Penal Code] Hazing is a criminal offense in the State of Texas. Hazing means any intentional, knowing, or reckless act occurring on or off school property directed against a student, by one person alone or acting with others, that endangers the mental or physical health or the safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students. Student means any person who is registered in or in attendance at an educational institution, has been accepted for admission at the educational institution where the hazing incident occurs, or intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation. Hazing with or without the consent of a student; a violation of that prohibition renders both the person inflicting the hazing and the person submitting to the hazing subject to appropriate discipline. (See FLBC)

Initiations by organizations may include no feature that is dangerous, harmful, or degrading to the student; a violation of this prohibition renders the organization subject to appropriate discipline.

The term includes, but is not limited to:

1. Any type of physical brutality, such as whipping, beating, striking, branding, electric shocking, placing of a harmful substance on the body, or similar activity.
2. Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
4. Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, or that adversely affects the mental health or dignity of the student or discourages, the student from entering or remaining registered in an educational institution or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described above.
5. Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.

Personal Hazing Offense

1. A person commits an offense if the person commits any of the following:
   1. Engages in hazing.
   2. Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing.
   3. Recklessly permits hazing to occur.
   4. Has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or first-hand knowledge that a specific incident has occurred, and knowingly fails to report that knowledge in writing to the President or designee.
2. The offense of failing to report is a misdemeanor punishable by a fine not to exceed $1,000, confinement in county jail for not more than 180 days, or both such fine and confinement.
3. Any other offense under this section which does not cause serious bodily injury to another is a misdemeanor punishable by a fine of not less than $500 nor more than $1,000, confinement in county jail for not less than 90 days not more than 180 days or both such fine and confinement.
4. Any other offense under this section which causes serious bodily injury to another is a misdemeanor punishable by a fine of not less than $1,000 nor more than $5,000, confinement in county jail for not less than 180 days not more than one year, or both such fine and confinement.
5. Any other offense under this section, which causes the death of another, is a misdemeanor punishable by a fine of not less than $5,000 nor more than $10,000, confinement in county jail for not less than one year nor more than two years, or both such fine and confinement.

Organization Hazing Offense:

1. An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.
2. An offense under this section is a misdemeanor punishable by a fine of not less than $5,000 not more than $10,000 or if a court finds that the offense caused personal injury, property damage, or other loss, the court may sentence the organization to pay a fine of not less than $5,000 nor more than double the amount lost or expenses incurred because of such injury, damage, or loss.

Consent Not A Defense:

It is not a defense to prosecution of an offense under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.

Immunity from Prosecution:

Any person reporting a specific hazing incident involving a student in an educational institution to the Vice President of Student Services or other appropriate official of the institution is immune from liability, civil or criminal, that might otherwise be incurred or imposed as a result of the report. Immunity extends to participation in any judicial proceeding resulting from the report. This section does not protect a person reporting in bad faith or with malice.

Offenses in Addition to Other Penal Provisions:

This subchapter does not affect or repeal any law of this state. Nothing in this subchapter shall limit or affect the right of an educational institution to enforce its own penalties against hazing.