COMMITTEE SUBSTITUTE
FOR
H. B. 2269
(By Delegates Givens, Ennis, Given,
Love, Pettit and G. Martin)
(Originating in the House Committee on the Judiciary)
[March 2, 1995]
A BILL to amend chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article sixteen, relating to
education; higher education; creating the antihazing law;
providing definitions; prohibiting hazing; providing for
enforcement by institutions; providing civil and criminal
penalties; and applicability of other criminal penalties.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article sixteen, to read
as follows:
ARTICLE 16. ANTIHAZING LAW.
§18-16-1. Short title.
This article shall be known and may be cited as the "Antihazing Law."
§18-16-2. Definitions.
(a) "Hazing" means to cause any action or situation which
recklessly or intentionally endangers the mental or physical
health or safety of another person or persons, or causes another
person or persons to destroy or remove 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 education. The term
includes, but is not limited to, any brutality of a physical
nature, such as whipping, beating, branding, 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 or individuals, and includes
any activity which would subject the individual or individuals to
extreme mental stress, such as sleep deprivation, forced
exclusion from social contact, forced conduct which could result
in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the
individual or individuals, or any willful destruction or removal
of public or private property: Provided, That the implied or
expressed consent or willingness of a person or persons to hazing
shall not be a defense under this section.
(b) "Institution of higher education" or "institution" means
any public or private institution as defined in section two,
article one, chapter eighteen-b of this code.
§18-16-3. Hazing prohibited.
Any person or persons who causes hazing is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined no less
than one hundred dollars nor more than one thousand dollars, or
confined in a county or regional jail, not more than nine months,
or both fined and imprisoned: Provided, That if the act would
otherwise be deemed a felony as defined in this code, the person
committing such act may be found guilty of such felony and be
subject to penalties provided for such felony.
§18-16-4. Enforcement by institution.
(a) Antihazing policy. -- The university of West Virginia
board of trustees created pursuant to article two chapter eighteen-b of this code and the board of directors of the state
college system created pursuant to article three chapter
eighteen-b of this code shall by August 1, 1995 promulgate
guidelines for antihazing policies.
(b) 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.
(2) 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.
(3) All penalties imposed under the authority of this
section shall be in addition to any penalty imposed for violation
of section three of this article or of any of the criminal laws
of this state or for violation of any other institutional rule to which the violator may be subject.
(4) Rules adopted pursuant hereto apply to acts conducted on
or off campus whenever such acts are deemed to constitute hazing.
NOTE: This bill creates an antihazing law applicable to
institutions of higher education in this state.