CHAPTER 400

FORMERLY

SENATE BILL NO. 370

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14, DELAWARE CODE, BY ADDING THERETO A NEW CHAPTER 93 TO PROHIBIT THE ACT OF HAZING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Title 14, Delaware Code, by adding thereto a new Part VII, Chapter 93, to read as follows:

"PART VII

CHAPTER 93. ANTI-HAZING LAW

§9301. Short Title

This Act shall be known and may be cited as the Anti-Hazing Law. §9302. Definitions

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' means any action or situation which recklessly or

intentionally endangers the mental or physical health or safety of a student or which wilfully 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 learning. 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 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 admission or initiation 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.

§9303. Hazing Prohibited

Any person who causes or participates in hazing commits a Class B Misdemeanor.

§9304. Enforcement by institution.

(4) Anti-hazing 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.

(1) 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.

(b) 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.

(c) In the case of an organization which authorizes hazing in blatant disregard of such rules, penalties may also include recision of permission for that organization to operate on campus property or to otherwise operate under the sanction or recognition of the institution.

(a) All penalties imposed under the authority of this section shall be in addition to any penalty imposed for violation of subsection (b)(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.

(a) Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing."

Approved July 16, 1992.