IX. Massachusetts Anti-Hazing Statute

          

269:17. Hazing; organizing or participating; hazing defined

[Text as amended by 1987, 665 effective April 4, 1988. For text effective until April 4, 1988, see 1986 Edition.]

Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.

The term “hazing” as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug, or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.

Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.

269:18. Failure to report hazing

[Text as amended by 1987, 665 effective April 4, 1988. For text effective until April 4, 1988, see 1986 Edition.]

Whoever knows that another person is the victim of hazing as defined in Section 17 and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.

269:19. Copy of secs. 17–19; issuance to students and student groups, teams and organizations; report

[Text as amended by 1987, 665 effective April 4, 1988. For text effective until April 4, 1988, see 1986 Edition.]

Each institution of secondary education and each public and private institution of post-secondary education shall issue to every student group, student team, or student organization which is part of such institution, or is recognized by the institution, or permitted by the institution to use its name or facilities, or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution’s compliance with this section’s requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams, or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams, or organizations.

Each such group, team, or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges, or applicants for membership. It shall be the duty of each such group, team, or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgement stating that such group, team, or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of post-secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full-time student in such institution a copy of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of post-secondary education shall file, at least annually, a report with the board of higher education and, in the case of secondary institutions, the board of education, certifying that such institution has complied with its responsibility to inform student groups, teams, or organizations and to notify each full-time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution’s policies to its students. The board of higher education and, in the case of secondary institutions, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.

610 CMR 5.00: Hazing Reporting

5.01: Scope and Purpose

610 CMR 5.00 governs the content and frequency of reports that Massachusetts public and private institutions of post-secondary education must file with the Board of Higher Education regarding the distribution and acknowledgment of receipt of copies of the hazing laws and the adoption by public and private institutions of post-secondary education of a disciplinary policy with regard to the organizers and participants in hazing activities.

5.02: Definitions

As used in 610 CMR 5.00:

  • College or University
    A public or private institution of higher education chartered, located, offering courses, or otherwise doing business in the Commonwealth, leading to the award of a degree, or any educational institution chartered, incorporated, or organized in another state conducting courses within the Commonwealth available to residents of the Commonwealth leading to the award of a degree.
  • Board
    Board of Higher Education, a state agency established pursuant to applicable provisions of M.G.L. c. 15A.
  • Hazing
    As defined in M.G.L. c. 269, s 17.
  • Public or Private Institutions of Post-Secondary Education or Institution
    An institution located within Massachusetts which provides formal instructional programs with a curriculum designed primarily for students who have completed the requirements of a high school diploma or equivalent. This includes programs of an academic, vocational or continuing professional education, degree-granting colleges and universities, and non-degree-granting institutions.
  • Unaffiliated Student Group, Team or Organization
    Any group, team or organization that operates on or in conjunction with the campus of a college or university, but is not under the authority of the college or university.

5.03: Reporting Requirements

Content of Report:

  • Reports required by M.G.L. c. 269, s 19 shall include the following certifications:
  1. That the institution has complied with the responsibility to inform student groups, teams, or organizations of the provisions of M.G.L. c. 269, ss 17 and 18;
  2. That the institution has notified each full-time student enrolled by the post-secondary educational institution of the provisions of M.G.L. c. 269, ss 17 and 18;
  3. That the institution has adopted a disciplinary policy with regard to the organizers and participants of hazing;
  4. That the institution’s disciplinary policy with regard to the organizers and participants of hazing has been set forth with appropriate emphasis in the student handbook or that a similar means of communicating the institution’s policies to its students has taken place.
  • Said report shall be signed by the president or chief executive officer of the public or private institution of post-secondary education or his or her designee.
  • The Board may, upon request, furnish a reporting form to the public or private institution of post-secondary education, or authorize alternative reporting formats, including facsimile transfer, electronic mail or other formats capable of transmitting the report to the Board’s designated recipient.

Frequency of Reports

Each public or private institution of post-secondary education shall annually file its compliance report with the Chancellor of the Board of Higher Education or his designee on or before July 31 of each year. Said report shall cover the period July through June 30 inclusive. Any public or private institution of post secondary education that requires an extension of the July 31 reporting deadline shall forward a written request for an extension to the Chancellor or his designee at least 30 days before July 31 which shall include justification for the extension and specify the date by which the public or private institution of post secondary education’s report will be filed. No extension shall be granted beyond September 1 of the year which the report is due.

Notification to the Attorney General

The Board shall report to the Attorney General any public or private institution of post-secondary education that fails to submit report by July 31 of each year or by any date of extension granted by the Board.

Regulatory Authority

610 CMR 5.00: M.G.L. c. 269, s. 19.

Last modified: August 18, 2013

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