HB 189: "An Act relating to hazing."
00 HOUSE BILL NO. 189 01 "An Act relating to hazing." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.61 is amended by adding a new section to read: 04 Sec. 11.61.115. Hazing. (a) A person commits the crime of hazing if the 05 person knowingly engages in an act or causes a situation that subjects a student to the 06 risk of physical injury for the purpose of initiation into or affiliation with an 07 organization operating in connection with an elementary, junior high, secondary, or 08 postsecondary school. 09 (b) This section does not apply to an act or situation that is normal and 10 customary in an athletic, physical education, military training, or similar program 11 sanctioned by a school. 12 (c) It is not a defense to a prosecution for a crime under this section that the 13 individual against whom the act or situation was directed consented to or acquiesced 14 in the act or situation. 15 (d) In this section, "organization" means a fraternity, sorority, association,
01 corporation, order, society, corps, cooperative, club, service group, social group, 02 athletic team, or similar group whose members are primarily students. 03 (e) Except as provided in (f) of this section, hazing is a class A misdemeanor. 04 (f) Hazing is a class B felony if the person causes death or serious physical 05 injury. 06 * Sec. 2. AS 14.33.200(a) is amended to read: 07 (a) Each [BY JULY 1, 2007, EACH] school district shall adopt a policy that 08 prohibits the hazing, harassment, intimidation, or bullying of any student. Each school 09 district shall share this policy with parents or guardians, students, volunteers, and 10 school employees. 11 * Sec. 3. AS 14.33.200(b) is amended to read: 12 (b) The policy must be adopted through the standard policy-making procedure 13 for each district that includes the opportunity for participation by parents or guardians, 14 school employees, volunteers, students, administrators, and community 15 representatives. The policy must emphasize positive character traits and values, 16 including the importance of civil and respectful speech and conduct, and the 17 responsibility of students to comply with the district's policy prohibiting hazing, 18 harassment, intimidation, or bullying. The policy must also include provisions for an 19 appropriate punishment schedule up to and including expulsion and reporting of 20 criminal activity to local law enforcement authorities. School employees, volunteers, 21 students, and administrators shall adhere to this policy. 22 * Sec. 4. AS 14.33.200(c) is amended to read: 23 (c) The [BY JANUARY 1, 2007, THE] department, in consultation with 24 representatives of parents or guardians, school personnel, and other interested parties, 25 may provide to school districts a model hazing, harassment, intimidation, and bullying 26 prevention policy and training materials on the components that should be included in 27 a district policy. Training materials may be disseminated in a variety of ways, 28 including workshops and other staff developmental activities, and through the Internet 29 website of the department. Materials included on the Internet website must include the 30 model policy and recommended training and instructional materials. The department 31 may provide a link to the school district's Internet website for further information.
01 * Sec. 5. AS 14.33.210 is amended to read: 02 Sec. 14.33.210. Reporting of incidents of hazing, harassment, intimidation, 03 or bullying. Each [BEGINNING WITH THE 2007 - 2008 SCHOOL YEAR, EACH] 04 school district shall report to the department by November 30 all incidents resulting in 05 suspension or expulsion for hazing, harassment, intimidation, or bullying on school 06 premises, [OR] on transportation systems used by schools, or at school sponsored or 07 school sanctioned activities in the school year preceding the report. The department 08 shall compile the data and report it to the appropriate committees of the Alaska House 09 of Representatives and the Senate. 10 * Sec. 6. AS 14.33.220(a) is amended to read: 11 (a) A school employee, student, or volunteer may not engage in reprisal, 12 retaliation, or false accusation against a victim, witness, or person with reliable 13 information about an act of hazing, harassment, intimidation, or bullying. 14 * Sec. 7. AS 14.33.220(b) is amended to read: 15 (b) A school employee, student, or volunteer who has witnessed, or has 16 reliable information that a student has been subjected to hazing, harassment, 17 intimidation, or bullying, whether verbal or physical, shall report the incident to an 18 appropriate school official. 19 * Sec. 8. AS 14.33.220(c) is amended to read: 20 (c) This section does not prohibit discipline or other adverse action taken in 21 compliance with school district policies against a person who falsely and in bad faith 22 accuses a person of engaging in hazing, harassment, intimidation, or bullying or who 23 intentionally provides false information in connection with an investigation of an 24 alleged incident of hazing, harassment, intimidation, or bullying. 25 * Sec. 9. AS 14.33.230 is amended to read: 26 Sec. 14.33.230. Immunity from suit. A school employee, student, or 27 volunteer who reports an incident of hazing, harassment, intimidation, or bullying to a 28 school official and who makes this report in good faith is immune from a cause of 29 action for damages arising from a failure to remedy the reported incident or for 30 making the report. 31 * Sec. 10. AS 14.33.250 is amended by adding new paragraphs to read:
01 (4) "hazing" means an intentional act that subjects a student to the risk 02 of physical injury or severe mental or emotional injury, or injures a student, or the 03 student's property, for the purpose of initiation into or affiliation with an organization 04 operating in connection with an elementary, junior high, or secondary school, but does 05 not include an act or situation that is normal and customary in an athletic, physical 06 education, military training, or similar program sponsored or sanctioned by an 07 elementary, junior high, or secondary school; 08 (5) "organization" means a fraternity, sorority, association, 09 corporation, order, society, corps, cooperative, club, service group, social group, 10 athletic team, musical group, or similar group connected with an elementary, junior 11 high, or secondary school whose members are primarily students.