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