NM
New Mexico Senate Bill SB10

New Mexico 2025 Regular Session

New Mexico Senate Bill SB10 Compare Versions

Only one version of the bill is available at this time.
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2828 SENATE BILL 10
2929 57
3030 TH LEGISLATURE
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Harold Pope
4848 AN ACT
4949 RELATING TO HAZING; ENACTING THE ANTI-HAZING ACT; REQUIRING A
5050 CODE OF CONDUCT AND A HAZING PREVENTION COMMITTEE AT PUBLIC OR
5151 PRIVATE POST-SECONDARY EDUCATIONAL INSTITUTIONS; REQUIRING
5252 ANNUAL REPORTS; REQUIRING HAZING PREVENTION EDUCATION;
5353 PROVIDING PENALTIES.
5454 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5555 SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
5656 cited as the "Anti-Hazing Act".
5757 SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
5858 Anti-Hazing Act:
5959 A. "employee" means a person who is receiving wages
6060 from a public or private post-secondary educational institution
6161 and is in a position with direct ongoing contact with students
6262 in a supervisory role or position of authority. "Employee"
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9090 does not include a person employed as medical staff or with an
9191 affiliated organization, entity or extension of a post-
9292 secondary educational institution unless the employee has a
9393 supervisory role or position of authority over students; and
9494 B. "reasonable cause" means a person who witnesses
9595 hazing or receives a credible written or oral report alleging
9696 hazing or potential or planned hazing activity.
9797 SECTION 3. [NEW MATERIAL] HAZING PROHIBITED--FAILURE TO
9898 REPORT HAZING--PENALTIES.--
9999 A. Hazing consists of any act committed as part of
100100 a person's recruitment, initiation, pledging, admission into or
101101 affiliation with a student organization, athletic team or
102102 living group or any pastime or amusement engaged in with
103103 respect to such an organization, athletic team or living group
104104 that causes, or is likely to cause, bodily danger or physical
105105 harm or serious psychological or emotional harm to a student or
106106 other person attending a public or private school or a
107107 public or private post-secondary educational institution,
108108 including causing, directing, coercing or forcing a person to
109109 consume any food, liquid, alcohol, drug or other substance that
110110 subjects the person to risk of such harm, regardless of the
111111 person's willingness to participate. Hazing does not include
112112 customary athletic events or other similar contests or
113113 competitions, practice, training, conditioning and eligibility
114114 requirements for customary athletic events, including
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143143 intramural or club sports and national collegiate athletic
144144 association athletics or other similar contests or
145145 competitions. However, gratuitous hazing activities occurring
146146 as part of such customary athletic event or contest are
147147 prohibited.
148148 B. No student or other person in attendance at a
149149 public or private school or a public or private post-secondary
150150 educational institution may intentionally haze another.
151151 C. Whoever commits hazing is guilty of a
152152 misdemeanor.
153153 D. Any student organization, association or student
154154 living group that permits hazing is strictly liable for damages
155155 caused to a person or property resulting from hazing. If the
156156 student organization, association or student living group is a
157157 corporation, whether for-profit or nonprofit, the individual
158158 directors of the corporation may be held individually liable
159159 for damages.
160160 E. A person who participates in the hazing of
161161 another shall forfeit any entitlement to state-funded grants,
162162 scholarships or awards for a period of time determined by the
163163 public or private school or the public or private post-
164164 secondary educational institution.
165165 F. Any organization, association or student living
166166 group that knowingly permits hazing to be conducted by its
167167 members or by others subject to its direction or control shall
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196196 forfeit any official recognition or approval granted by a
197197 public or private school or a public or private post-secondary
198198 educational institution.
199199 G. Failure to report hazing consists of an
200200 administrator, a faculty member, a coach, an employee, an
201201 independent contractor performing or overseeing school
202202 functions or a volunteer of a student organization of a public
203203 or private school or a public or private post-secondary
204204 educational institution who knows or reasonably should know of
205205 hazing conduct or activity described in the Anti-Hazing Act and
206206 fails to report the incident to a law enforcement agency.
207207 H. Whoever commits failure to report hazing is
208208 guilty of a misdemeanor.
209209 I. The state department of justice and the district
210210 attorney in the county of jurisdiction have concurrent
211211 jurisdiction to enforce the provisions of the Anti-Hazing Act.
212212 SECTION 4. [NEW MATERIAL] REQUIREMENT FOR CODE OF CONDUCT
213213 AT A PUBLIC OR PRIVATE POST-SECONDARY EDUCATIONAL INSTITUTION--
214214 HAZING PREVENTION COMMITTEE.--
215215 A. A public or private post-secondary educational
216216 institution shall prohibit in its code of conduct hazing off-
217217 and on-campus.
218218 B. Beginning with the 2025 fall academic term, a
219219 public or private post-secondary educational institution shall
220220 provide students with an educational program on hazing and the
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249249 dangers of and prohibition on hazing that shall include
250250 information regarding hazing awareness, prevention,
251251 intervention and the institution's policy on hazing. The
252252 educational program may be offered in person or electronically.
253253 The institution shall incorporate the educational program as
254254 part of new student orientation sessions. The educational
255255 program shall be posted on the institution's public website for
256256 parents, legal guardians and volunteers to view.
257257 C. Institutional materials on student rights and
258258 responsibilities given to student organizations, athletic teams
259259 or living groups, either electronically or in hard copy form,
260260 shall include a statement on the institution's anti-hazing
261261 policy and on the dangers of hazing.
262262 D. A public or private post-secondary educational
263263 institution shall establish a hazing prevention committee to
264264 promote and address hazing prevention. The committee shall
265265 have a minimum of six members, including a designated chair
266266 appointed by the president of the institution. Fifty percent
267267 of the committee members shall include students currently
268268 attending the public or private post-secondary educational
269269 institution, and at least one position shall be filled by a
270270 student from a student organization, athletic team or living
271271 group. The other fifty percent of the committee members shall
272272 include at least one faculty or staff member and one parent or
273273 legal guardian of a student currently enrolled at the
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302302 institution. Student input shall be considered for committee
303303 membership. A student who is a member of a student
304304 organization, athletic team or living group that was affiliated
305305 with a finding of a hazing violation within the last twelve
306306 months may not participate in or be a member of the hazing
307307 prevention committee.
308308 SECTION 5. [NEW MATERIAL] REQUIREMENT FOR ANNUAL
309309 REPORT.--
310310 A. Beginning with the 2025-2026 academic year, a
311311 public or private post-secondary educational institution shall
312312 maintain and annually publicly report actual findings of
313313 violations by any student organization, athletic team or living
314314 group of the public or private post-secondary educational
315315 institution's code of conduct, anti-hazing policies or state or
316316 federal laws relating to hazing or offenses related to alcohol,
317317 drugs, sexual assault or physical assault.
318318 B. The annual report shall include the following:
319319 (1) the name of the student organization,
320320 athletic team or living group;
321321 (2) the date the investigation was initiated;
322322 (3) the date on which the investigation ended
323323 with a finding that a violation occurred;
324324 (4) a description of the incident or
325325 incidents, including the date of the initial violation and the
326326 violations, findings and sanctions placed on the student
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355355 organization, athletic team or living group;
356356 (5) the details of the sanction or sanctions
357357 imposed, including the beginning and end dates of the sanction
358358 or sanctions; and
359359 (6) the date the student organization,
360360 athletic team or living group was charged with a violation.
361361 C. Investigations that do not result in a finding
362362 of formal violations of the student code of conduct or state or
363363 federal law shall not be included in the report. The report
364364 shall not include any personal or identifying information of
365365 individual student members, is not subject to inspection
366366 pursuant to the Inspection of Public Records Act and shall be
367367 subject to the requirements of the federal Family Educational
368368 Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g.
369369 D. A public or private post-secondary educational
370370 institution shall make reports maintained pursuant to this
371371 section available on the institution's website in a prominent
372372 location that is clearly labeled and easily accessible.
373373 E. A public or private post-secondary educational
374374 institution shall maintain reports as they are updated for five
375375 years and shall post them on the institution's website at least
376376 forty-five calendar days before the start of each fall academic
377377 term and at least ten days before the start of all other
378378 academic terms."
379379 SECTION 6. [NEW MATERIAL] REQUIREMENT TO PROVIDE HAZING
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408408 PREVENTION EDUCATION.--
409409 A. Beginning in the 2025 fall academic term, a
410410 public or private post-secondary educational institution shall
411411 provide hazing prevention education on the signs and dangers of
412412 hazing as well as the institution's prohibition on hazing to
413413 employees, including student employees, either in person or
414414 electronically. The prevention education shall be provided to
415415 employees at the beginning of each academic year and for new
416416 employees at the beginning of each academic term.
417417 B. If, as a result of observations or information
418418 received in the course of employment or volunteer service, any
419419 employee, including a student employee or volunteer at a public
420420 or private post-secondary educational institution, has
421421 reasonable cause to believe that hazing has occurred, the
422422 employee or volunteer shall report the incident, or cause a
423423 report to be made, to a designated authority at the
424424 institution. The employee or volunteer shall make the report
425425 at the first opportunity to do so.
426426 C. A person who witnesses hazing or has reasonable
427427 cause to believe hazing has occurred or will occur and makes a
428428 report in good faith may not be sanctioned or punished for the
429429 violation of hazing unless the person is directly engaged in
430430 the planning, directing or act of hazing reported.
431431 D. Nothing in this section shall preclude a person
432432 from independently reporting hazing or suspected hazing
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461461 activity to law enforcement.
462462 SECTION 7. [NEW MATERIAL] REQUIREMENTS FOR SOCIAL
463463 FRATERNITY AND SORORITY ORGANIZATIONS.--
464464 A. Social fraternity and sorority organizations
465465 shall notify a public or private post-secondary educational
466466 institution before chartering, rechartering, opening or
467467 reopening a local chapter or operating at the public or private
468468 post-secondary educational institution.
469469 B. Social fraternity and sorority organizations
470470 shall notify a public or private post-secondary educational
471471 institution when the organization instigates an investigation
472472 of a local chapter at the public or private post-secondary
473473 educational institution for hazing or other activity that
474474 includes an element of hazing, such as furnishing alcohol to
475475 minors. The organization shall provide the results of such an
476476 investigation and a copy of the full findings report to the
477477 public or private post-secondary educational institution's
478478 student conduct office.
479479 C. Beginning in the 2025 fall academic term, a
480480 local social fraternity or sorority chapter seeking to obtain
481481 or maintain registration with a public or private post-
482482 secondary educational institution in the state shall certify in
483483 writing and provide web links to the institution showing that
484484 the landing pages of all websites owned or maintained by the
485485 local chapter contain a full list for the previous five years
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514514 of all findings of violations of anti-hazing policies, state or
515515 federal laws relating to hazing, alcohol, drugs, sexual assault
516516 or physical assault or the institution's code of conduct
517517 against the local chapter.
518518 D. Failure of a social fraternity or sorority
519519 organization to comply with this section shall result in
520520 automatic loss of recognition until such time that the
521521 organization comes into compliance with this section.
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