WEST virginia legislature
2019 regular session
Introduced
House Bill 2520
By Delegate Walker, Hansen, Estep-Burton, Pyles, Angelucci, Azinger and C. Thompson
[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.