WEST virginia legislature
2019 regular session
Introduced
House Bill 2520
By Delegate Walker, Fleischauer, Hansen, Estep-Burton, Longstreth, Pyles, Angelucci, Worrell, Sypolt, Azinger and Summers
[Introduced January 18, 2019; Referred
to the Committee on Education.]
A BILL to amend and reenact §18-16-2 of the Code of West Virginia, 1931, as amended, relating to the Antihazing Law; modifying the definition of hazing to address any type of organization whose members include students at any public or private institution of higher education.
Be it enacted by the Legislature of West Virginia:
ARTICLE 16. 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 whose members include students of 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 §18B-1-2 of this code.
NOTE: The purpose of this bill is to modify the definition of hazing to address any type of organization whose members include students at any public or private institution of higher education.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.