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.