Introduced Version
HOUSE BILL No. 1403
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 21-49; IC 34-30-2-86.6; IC 35-42-2-2.5.
Synopsis: Hazing. Requires: (1) a postsecondary educational
institution; and (2) a national organization that sponsors or recognizes
a local affiliate organization that includes students of a postsecondary
educational institution; to develop and conduct an educational program
on hazing. Requires a postsecondary educational institution or local
affiliate organization to report an allegation of hazing involving: (1)
serious bodily injury; or (2) a significant risk of serious bodily injury;
not later than 72 hours after learning of the allegation. Requires,
beginning in the academic school year that begins in 2022: (1) a
postsecondary educational institution to report incidents of hazing on
the postsecondary educational institution's Internet web site; and (2) a
local affiliate organization that includes students of a postsecondary
educational institution to report incidents of hazing on the local affiliate
organization's Internet web site. Amends the elements and penalty
levels for the criminal offense of hazing. Provides that a person who
actively directs or engages in an act of hazing that results in bodily
injury to another person shall, to the extent that the person can do so
without danger or peril to self or others, provide reasonable assistance
to the injured person. Provides that a person who fails to provide
assistance commits contributory hazing, a: (1) Class B misdemeanor;
or (2) Level 6 felony if the failure to provide reasonable assistance
results in serious bodily injury to the injured person. Provides that
certain arguments are not a defense in a criminal prosecution for hazing
or contributory hazing.
Effective: July 1, 2022.
Austin
January 13, 2022, read first time and referred to Committee on Education.
2022 IN 1403—LS 6898/DI 143 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1403
A BILL FOR AN ACT to amend the Indiana Code concerning
higher education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 21-49 IS ADDED TO THE INDIANA CODE AS
2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2022]:
4 ARTICLE 49. HAZING
5 Chapter 1. Definitions
6 Sec. 1. The definitions in this chapter apply throughout this
7 article.
8 Sec. 2. "Campus security authority" means any of the following:
9 (1) A postsecondary educational institution's campus police or
10 security department.
11 (2) An individual not described in subdivision (1) who has
12 responsibility for security of a postsecondary educational
13 institution's campus, including an individual responsible for
14 monitoring entrance into property of the postsecondary
15 educational institution.
16 (3) An individual or entity specified in a postsecondary
17 educational institution's policies as an individual or entity to
2022 IN 1403—LS 6898/DI 143 2
1 which students and employees are directed to report criminal
2 offenses.
3 (4) An official of a postsecondary educational institution who
4 has significant responsibility for student and campus
5 activities, including student housing, student discipline, and
6 administrative proceedings of the postsecondary educational
7 institution.
8 Sec. 3. "Clery Act" refers to the Jeanne Clery Disclosure of
9 Campus Security Policy and Campus Crime Statistics Act (20
10 U.S.C. 1092(f)).
11 Sec. 4. "FERPA" refers to the Family Educational Rights and
12 Privacy Act of 1974 (20 U.S.C. 1232g).
13 Sec. 5. (a) "Hazing" means an intentional, knowing, or reckless
14 act that:
15 (1) is committed:
16 (A) by one (1) or more individuals against a minor or
17 against a student of a postsecondary educational
18 institution;
19 (B) on:
20 (i) the campus or property of a postsecondary
21 educational institution; or
22 (ii) the property of a local affiliate organization; and
23 (C) for the purpose of the minor's or student's:
24 (i) recruitment to;
25 (ii) pledging to;
26 (iii) initiation in;
27 (iv) admission to;
28 (v) affiliation with;
29 (vi) continuation in; or
30 (vii) status with;
31 an organization; and
32 (2) causes or coerces the minor or student to do any of the
33 following:
34 (A) Violate state or federal law.
35 (B) Consume any food, liquid, drug, or other substance in
36 a noncustomary manner that subjects the minor or student
37 to a substantial risk of physical harm, including sickness,
38 vomiting, intoxication, or unconsciousness.
39 (C) Endure:
40 (i) brutality of a physical nature that results in medically
41 verifiable physical harm, including whipping, beating,
42 paddling, branding, dangerous physical activity, or
2022 IN 1403—LS 6898/DI 143 3
1 exposure to the elements; or
2 (ii) a threat of conduct described in item (i).
3 (b) The term does not include reasonable and customary
4 athletic, law enforcement, or military training, contests,
5 competitions, or events.
6 Sec. 6. "Local affiliate organization" means an organization that
7 is chartered or recognized by a national organization and that
8 includes students of a postsecondary educational institution.
9 Sec. 7. "National organization" means an organization that:
10 (1) is separate from a local affiliate organization; and
11 (2) charters or recognizes local affiliate organizations at one
12 (1) or more postsecondary educational institutions.
13 Sec. 8. "Organization" means:
14 (1) a club;
15 (2) an association;
16 (3) a corporation;
17 (4) an order;
18 (5) a society;
19 (6) a corps;
20 (7) a private club;
21 (8) a fraternity;
22 (9) a sorority;
23 (10) a varsity or club athletic team; or
24 (11) a service, social, or similar entity whose members are
25 primarily students or alumni of one (1) or more
26 postsecondary educational institutions.
27 Sec. 9. "Postsecondary educational institution" means a public
28 or private institution in Indiana that is authorized to grant an
29 associate degree or higher academic degree.
30 Chapter 2. Postsecondary Educational Institution Anti-Hazing
31 Programs
32 Sec. 1. (a) A postsecondary educational institution shall provide
33 all students of the postsecondary educational institution with an
34 educational program regarding hazing that:
35 (1) is based on research and best practices; and
36 (2) includes information on:
37 (A) hazing awareness;
38 (B) hazing prevention;
39 (C) the postsecondary educational institution's policies on
40 hazing;
41 (D) hazing intervention; and
42 (E) the legal and institutional consequences of hazing.
2022 IN 1403—LS 6898/DI 143 4
1 (b) A postsecondary educational institution shall develop a
2 process for ensuring that all students who are newly enrolled in the
3 postsecondary educational institution complete the educational
4 program under subsection (a).
5 (c) An educational program under subsection (a) may be
6 conducted in person or by electronic means.
7 Sec. 2. (a) A postsecondary educational institution shall provide
8 to staff members of the postsecondary educational institution who
9 advise or coach student organizations an educational program on
10 hazing that:
11 (1) is based on research and best practices; and
12 (2) includes information on:
13 (A) hazing awareness;
14 (B) hazing prevention;
15 (C) the postsecondary educational institution's policies on
16 hazing;
17 (D) hazing intervention; and
18 (E) the legal and institutional consequences of hazing.
19 (b) A postsecondary educational institution shall require all staff
20 members of the postsecondary educational institution who advise
21 or coach student organizations to complete the educational
22 program under subsection (a).
23 (c) An educational program under subsection (a) may be
24 conducted in person or by electronic means.
25 Sec. 3. A national organization shall provide for each local
26 affiliate organization chartered or recognized by the national
27 organization in Indiana anti-hazing education:
28 (1) separate from; and
29 (2) supplemental to;
30 the educational programs provided under section 1 of this chapter.
31 Sec. 4. A postsecondary educational institution may solicit and
32 accept assistance and resources from other entities in carrying out
33 the postsecondary educational institution's duties under this
34 chapter.
35 Chapter 3. Reporting and Investigation of Hazing
36 Sec. 1. (a) Not later than seventy-two (72) hours after a
37 postsecondary educational institution's campus security authority
38 receives a report that alleges hazing involving serious bodily injury
39 or a significant risk of serious bodily injury, the postsecondary
40 educational institution shall report the hazing allegation to a law
41 enforcement agency.
42 (b) Not later than seventy-two (72) hours after a local affiliate
2022 IN 1403—LS 6898/DI 143 5
1 organization learns of an allegation of hazing involving serious
2 bodily injury or a significant risk of serious bodily injury, the local
3 affiliate organization shall report the hazing allegation to a law
4 enforcement agency.
5 Sec. 2. A postsecondary educational institution shall use the
6 postsecondary educational institution's campus disciplinary
7 process to investigate any student alleged to be involved in an act
8 of hazing reported to the postsecondary educational institution's
9 campus security authority.
10 Sec. 3. (a) Except as provided in subsection (b), a person,
11 including an individual, a local affiliate organization, or a national
12 organization:
13 (1) that:
14 (A) makes a report of hazing in good faith; or
15 (B) participates in good faith in a judicial proceeding
16 resulting from a report of hazing; or
17 (2) that employs or supervises an individual described in
18 subdivision (1);
19 is not liable for civil damages or criminal penalties that might
20 otherwise be imposed due to the reporting or participation
21 described in subdivision (1) or employment of an individual under
22 subdivision (2).
23 (b) An individual who commits an act of hazing is not immune
24 under subsection (a) from civil damages or criminal penalties for
25 the individual's:
26 (1) reporting of; or
27 (2) participation in a judicial proceeding resulting from;
28 the act of hazing.
29 (c) A person:
30 (1) described in subsection (a)(1)(A) is presumed to have acted
31 under subsection (a)(1)(A) in good faith; and
32 (2) described in subsection (a)(1)(B) is presumed to have acted
33 under subsection (a)(1)(B) in good faith.
34 (d) A person described in subsection (a)(1)(A) or (a)(1)(B) may
35 not be considered as acting in bad faith solely because the person:
36 (1) made a report of hazing or participated in a judicial
37 proceeding resulting from a report of hazing; and
38 (2) did not have probable cause to believe that an individual
39 committed:
40 (A) an offense under this article; or
41 (B) a delinquent act that would be an offense under this
42 article if committed by an adult.
2022 IN 1403—LS 6898/DI 143 6
1 Chapter 4. Postsecondary Educational Institution Hazing
2 Reports
3 Sec. 1. (a) Beginning in the academic school year that begins in
4 2022, and subject to subsection (c), a postsecondary educational
5 institution and each local affiliate organization that includes
6 students of the postsecondary educational institution shall maintain
7 a report documenting all hazing related:
8 (1) violations of the postsecondary educational institution's
9 disciplinary rules; and
10 (2) violations of state or federal law;
11 that result in a finding of a formal violation of the student code of
12 conduct of the postsecondary educational institution.
13 (b) A report maintained under subsection (a) must include:
14 (1) the nature, date, time, and general location of each
15 incident; and
16 (2) the disposition of each complaint, if known;
17 related to a violation documented in the report.
18 (c) A report maintained under subsection (a):
19 (1) may not include any personally identifying information of
20 an individual student; and
21 (2) is subject to the requirements of FERPA.
22 Sec. 2. A postsecondary educational institution shall:
23 (1) post a copy of:
24 (A) the report maintained by the postsecondary
25 educational institution under section 1 of this chapter; and
26 (B) the report maintained under section 1 of this chapter
27 by each local affiliate organization that includes students
28 of the postsecondary educational institution;
29 in the location on the postsecondary educational institution's
30 Internet web site at which the postsecondary educational
31 institution's Clery Act reports are available;
32 (2) update the reports posted on the postsecondary
33 educational institution's Internet web site under this section:
34 (A) at least ten (10) calendar days before the start of the
35 postsecondary educational institution's fall academic
36 semester; and
37 (B) at least ten (10) calendar days before the start of the
38 postsecondary educational institution's spring academic
39 semester;
40 (3) provide the postsecondary educational institution's
41 students with printed notice of:
42 (A) the nature and availability of the reports posted on the
2022 IN 1403—LS 6898/DI 143 7
1 postsecondary educational institution's Internet web site
2 under this section; and
3 (B) the address of the Internet web site at which the
4 reports are posted; and
5 (4) retain each report created by the postsecondary
6 educational institution under section 1 of this chapter for not
7 less than three (3) calendar years.
8 Sec. 3. A local affiliate organization shall:
9 (1) post a copy of:
10 (A) the report maintained by the local affiliate
11 organization under section 1 of this chapter; and
12 (B) the report maintained under section 1 of this chapter
13 by any postsecondary educational institution whose
14 students are included in the local affiliate organization;
15 in a prominent location on the local affiliate organization's
16 Internet web site;
17 (2) update the reports posted on the local affiliate
18 organization's Internet web site under this section:
19 (A) at least ten (10) calendar days before the start of the
20 fall academic semester; and
21 (B) at least ten (10) calendar days before the start of the
22 spring academic semester;
23 of a postsecondary educational institution whose students are
24 included in the local affiliate organization;
25 (3) provide members of the local affiliate organization with
26 printed notice of:
27 (A) the nature and availability of the reports posted on the
28 local affiliate organization's Internet web site under this
29 section; and
30 (B) the address of the Internet web site at which the
31 reports are posted; and
32 (4) retain each report created by the local affiliate
33 organization under section 1 of this chapter for not less than
34 three (3) calendar years.
35 Sec. 4. An Internet web page on which a report is posted under
36 section 2 or 3 of this chapter must include a statement indicating
37 where a member of the public may obtain additional information
38 that is not included in the report under FERPA.
39 Sec. 5. This chapter may not be construed to prohibit a
40 postsecondary educational institution or local affiliate organization
41 from providing information under IC 5-14-3 in addition to the
42 information the postsecondary educational institution or local
2022 IN 1403—LS 6898/DI 143 8
1 affiliate organization is required to provide under this chapter.
2 SECTION 2. IC 34-30-2-86.6 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2022]: Sec. 86.6. IC 21-49-3-3 (Concerning
5 persons reporting or participating in proceedings concerning
6 hazing).
7 SECTION 3. IC 35-42-2-2.5, AS ADDED BY P.L.158-2013,
8 SECTION 424, IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. (a) As used in this section,
10 "hazing" means forcing or requiring another person:
11 (1) with or without the consent of the other person; and
12 (2) as a condition of association with a group or organization;
13 to perform an act that creates a substantial risk of bodily injury.
14 (b) A person who knowingly or intentionally performs hazing
15 commits a Class B Class A misdemeanor. However, the offense is a
16 Level 6 felony if it results in:
17 (1) serious bodily injury to another person; or
18 (2) another person having an alcohol concentration of at least
19 twenty-five hundredths (0.25) grams of alcohol per:
20 (A) one hundred (100) milliliters of the person's blood; or
21 (B) two hundred ten (210) liters of the person's breath; or
22 and
23 a Level 5 felony if it is committed by means of a deadly weapon.
24 (c) A person who actively directs or engages in an act of hazing
25 that results in bodily injury to another individual shall, to the
26 extent the person can do so without endangering the person or
27 another individual, provide reasonable assistance to the injured
28 individual, including immediately:
29 (1) seeking; or
30 (2) reporting the need for;
31 medical assistance for the injured individual.
32 (d) A person who fails to provide reasonable assistance as
33 required under subsection (c) commits contributory hazing, a Class
34 B misdemeanor. However, the offense is a Level 6 felony if the
35 failure to provide reasonable assistance results in serious bodily
36 injury to the victim.
37 (e) None of the following is defense in a prosecution for an
38 offense under this chapter:
39 (1) The express or implied consent of the person against whom
40 the act of hazing was committed.
41 (2) The express or implied sanctioning or approval of the act
42 of hazing by a postsecondary educational institution.
2022 IN 1403—LS 6898/DI 143 9
1 (3) Evidence that the act of hazing is traditional or customary.
2 (c) (f) A person, other than a person who has committed an offense
3 under this section or a delinquent act that would be an offense under
4 this section if the violator were an adult, who:
5 (1) makes a report of hazing in good faith;
6 (2) participates in good faith in a judicial proceeding resulting
7 from a report of hazing;
8 (3) employs a reporting or participating person described in
9 subdivision (1) or (2); or
10 (4) supervises a reporting or participating person described in
11 subdivision (1) or (2);
12 is not liable for civil damages or criminal penalties that might
13 otherwise be imposed because of the report or participation.
14 (d) (g) A person described in subsection (c)(1) (f)(1) or (c)(2) (f)(2)
15 is presumed to act in good faith.
16 (e) (h) A person described in subsection (c)(1) (f)(1) or (c)(2) (f)(2)
17 may not be treated as acting in bad faith solely because the person did
18 not have probable cause to believe that a person committed:
19 (1) an offense under this section; or
20 (2) a delinquent act that would be an offense under this section if
21 the offender were an adult.
2022 IN 1403—LS 6898/DI 143