WEST virginia legislature
2021 regular session
Introduced
House Bill 2657
By Delegates Walker and Hansen
[Introduced February 23, 2021; 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,
acts of a physical nature, such as whipping, beating, branding, required
consumption of any food, liquor, drug, or other substance, or any other
required physical activity which could reasonably be deemed to adversely affect
the physical health and safety of the person or persons so treated, and
includes any activity which would subject the person or persons so treated to
extreme mental stress, such as sleep deprivation, forced exclusion from social
contact, required conduct which could result in extreme embarrassment, or any
other required activity which could reasonably be deemed to adversely affect
the mental health or dignity of the person or persons so treated, 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 may not be a defense under this section.
(2) “Institution of higher education” or “institution” means any public or private institution as defined in §18B-1-2 of this code.
(3) “Organization” means any fraternity, sorority, association, corporation, order, society, corps, club, or similar group, or a national or international affiliate thereof, the membership of which is primarily made up of students or alumni of an institution of higher education.
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.