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SENATE BILL 10
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Harold Pope
AN ACT
RELATING TO HAZING; ENACTING THE ANTI-HAZING ACT; REQUIRING A
CODE OF CONDUCT AND A HAZING PREVENTION COMMITTEE AT PUBLIC OR
PRIVATE POST-SECONDARY EDUCATIONAL INSTITUTIONS; REQUIRING
ANNUAL REPORTS; REQUIRING HAZING PREVENTION EDUCATION;
PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Anti-Hazing Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Anti-Hazing Act:
A. "employee" means a person who is receiving wages
from a public or private post-secondary educational institution
and is in a position with direct ongoing contact with students
in a supervisory role or position of authority. "Employee"
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does not include a person employed as medical staff or with an
affiliated organization, entity or extension of a post-
secondary educational institution unless the employee has a
supervisory role or position of authority over students; and
B. "reasonable cause" means a person who witnesses
hazing or receives a credible written or oral report alleging
hazing or potential or planned hazing activity.
SECTION 3. [NEW MATERIAL] HAZING PROHIBITED--FAILURE TO
REPORT HAZING--PENALTIES.--
A. Hazing consists of any act committed as part of
a person's recruitment, initiation, pledging, admission into or
affiliation with a student organization, athletic team or
living group or any pastime or amusement engaged in with
respect to such an organization, athletic team or living group
that causes, or is likely to cause, bodily danger or physical
harm or serious psychological or emotional harm to a student or
other person attending a public or private school or a
public or private post-secondary educational institution,
including causing, directing, coercing or forcing a person to
consume any food, liquid, alcohol, drug or other substance that
subjects the person to risk of such harm, regardless of the
person's willingness to participate. Hazing does not include
customary athletic events or other similar contests or
competitions, practice, training, conditioning and eligibility
requirements for customary athletic events, including
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intramural or club sports and national collegiate athletic
association athletics or other similar contests or
competitions. However, gratuitous hazing activities occurring
as part of such customary athletic event or contest are
prohibited.
B. No student or other person in attendance at a
public or private school or a public or private post-secondary
educational institution may intentionally haze another.
C. Whoever commits hazing is guilty of a
misdemeanor.
D. Any student organization, association or student
living group that permits hazing is strictly liable for damages
caused to a person or property resulting from hazing. If the
student organization, association or student living group is a
corporation, whether for-profit or nonprofit, the individual
directors of the corporation may be held individually liable
for damages.
E. A person who participates in the hazing of
another shall forfeit any entitlement to state-funded grants,
scholarships or awards for a period of time determined by the
public or private school or the public or private post-
secondary educational institution.
F. Any organization, association or student living
group that knowingly permits hazing to be conducted by its
members or by others subject to its direction or control shall
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forfeit any official recognition or approval granted by a
public or private school or a public or private post-secondary
educational institution.
G. Failure to report hazing consists of an
administrator, a faculty member, a coach, an employee, an
independent contractor performing or overseeing school
functions or a volunteer of a student organization of a public
or private school or a public or private post-secondary
educational institution who knows or reasonably should know of
hazing conduct or activity described in the Anti-Hazing Act and
fails to report the incident to a law enforcement agency.
H. Whoever commits failure to report hazing is
guilty of a misdemeanor.
I. The state department of justice and the district
attorney in the county of jurisdiction have concurrent
jurisdiction to enforce the provisions of the Anti-Hazing Act.
SECTION 4. [NEW MATERIAL] REQUIREMENT FOR CODE OF CONDUCT
AT A PUBLIC OR PRIVATE POST-SECONDARY EDUCATIONAL INSTITUTION--
HAZING PREVENTION COMMITTEE.--
A. A public or private post-secondary educational
institution shall prohibit in its code of conduct hazing off-
and on-campus.
B. Beginning with the 2025 fall academic term, a
public or private post-secondary educational institution shall
provide students with an educational program on hazing and the
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dangers of and prohibition on hazing that shall include
information regarding hazing awareness, prevention,
intervention and the institution's policy on hazing. The
educational program may be offered in person or electronically.
The institution shall incorporate the educational program as
part of new student orientation sessions. The educational
program shall be posted on the institution's public website for
parents, legal guardians and volunteers to view.
C. Institutional materials on student rights and
responsibilities given to student organizations, athletic teams
or living groups, either electronically or in hard copy form,
shall include a statement on the institution's anti-hazing
policy and on the dangers of hazing.
D. A public or private post-secondary educational
institution shall establish a hazing prevention committee to
promote and address hazing prevention. The committee shall
have a minimum of six members, including a designated chair
appointed by the president of the institution. Fifty percent
of the committee members shall include students currently
attending the public or private post-secondary educational
institution, and at least one position shall be filled by a
student from a student organization, athletic team or living
group. The other fifty percent of the committee members shall
include at least one faculty or staff member and one parent or
legal guardian of a student currently enrolled at the
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institution. Student input shall be considered for committee
membership. A student who is a member of a student
organization, athletic team or living group that was affiliated
with a finding of a hazing violation within the last twelve
months may not participate in or be a member of the hazing
prevention committee.
SECTION 5. [NEW MATERIAL] REQUIREMENT FOR ANNUAL
REPORT.--
A. Beginning with the 2025-2026 academic year, a
public or private post-secondary educational institution shall
maintain and annually publicly report actual findings of
violations by any student organization, athletic team or living
group of the public or private post-secondary educational
institution's code of conduct, anti-hazing policies or state or
federal laws relating to hazing or offenses related to alcohol,
drugs, sexual assault or physical assault.
B. The annual report shall include the following:
(1) the name of the student organization,
athletic team or living group;
(2) the date the investigation was initiated;
(3) the date on which the investigation ended
with a finding that a violation occurred;
(4) a description of the incident or
incidents, including the date of the initial violation and the
violations, findings and sanctions placed on the student
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organization, athletic team or living group;
(5) the details of the sanction or sanctions
imposed, including the beginning and end dates of the sanction
or sanctions; and
(6) the date the student organization,
athletic team or living group was charged with a violation.
C. Investigations that do not result in a finding
of formal violations of the student code of conduct or state or
federal law shall not be included in the report. The report
shall not include any personal or identifying information of
individual student members, is not subject to inspection
pursuant to the Inspection of Public Records Act and shall be
subject to the requirements of the federal Family Educational
Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g.
D. A public or private post-secondary educational
institution shall make reports maintained pursuant to this
section available on the institution's website in a prominent
location that is clearly labeled and easily accessible.
E. A public or private post-secondary educational
institution shall maintain reports as they are updated for five
years and shall post them on the institution's website at least
forty-five calendar days before the start of each fall academic
term and at least ten days before the start of all other
academic terms."
SECTION 6. [NEW MATERIAL] REQUIREMENT TO PROVIDE HAZING
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PREVENTION EDUCATION.--
A. Beginning in the 2025 fall academic term, a
public or private post-secondary educational institution shall
provide hazing prevention education on the signs and dangers of
hazing as well as the institution's prohibition on hazing to
employees, including student employees, either in person or
electronically. The prevention education shall be provided to
employees at the beginning of each academic year and for new
employees at the beginning of each academic term.
B. If, as a result of observations or information
received in the course of employment or volunteer service, any
employee, including a student employee or volunteer at a public
or private post-secondary educational institution, has
reasonable cause to believe that hazing has occurred, the
employee or volunteer shall report the incident, or cause a
report to be made, to a designated authority at the
institution. The employee or volunteer shall make the report
at the first opportunity to do so.
C. A person who witnesses hazing or has reasonable
cause to believe hazing has occurred or will occur and makes a
report in good faith may not be sanctioned or punished for the
violation of hazing unless the person is directly engaged in
the planning, directing or act of hazing reported.
D. Nothing in this section shall preclude a person
from independently reporting hazing or suspected hazing
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activity to law enforcement.
SECTION 7. [NEW MATERIAL] REQUIREMENTS FOR SOCIAL
FRATERNITY AND SORORITY ORGANIZATIONS.--
A. Social fraternity and sorority organizations
shall notify a public or private post-secondary educational
institution before chartering, rechartering, opening or
reopening a local chapter or operating at the public or private
post-secondary educational institution.
B. Social fraternity and sorority organizations
shall notify a public or private post-secondary educational
institution when the organization instigates an investigation
of a local chapter at the public or private post-secondary
educational institution for hazing or other activity that
includes an element of hazing, such as furnishing alcohol to
minors. The organization shall provide the results of such an
investigation and a copy of the full findings report to the
public or private post-secondary educational institution's
student conduct office.
C. Beginning in the 2025 fall academic term, a
local social fraternity or sorority chapter seeking to obtain
or maintain registration with a public or private post-
secondary educational institution in the state shall certify in
writing and provide web links to the institution showing that
the landing pages of all websites owned or maintained by the
local chapter contain a full list for the previous five years
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of all findings of violations of anti-hazing policies, state or
federal laws relating to hazing, alcohol, drugs, sexual assault
or physical assault or the institution's code of conduct
against the local chapter.
D. Failure of a social fraternity or sorority
organization to comply with this section shall result in
automatic loss of recognition until such time that the
organization comes into compliance with this section.
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