Legislature(2013 - 2014)CAPITOL 106
04/10/2013 09:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| HB197 | |
| HB189 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 197 | TELECONFERENCED | |
| *+ | HB 189 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 189-HAZING
9:37:14 AM
CHAIR GATTIS announced that the final order of business would be
HOUSE BILL NO. 189, "An Act relating to hazing."
9:37:29 AM
REPRESENTATIVE JONATHAN KREISS-TOMKINS, Alaska State
Legislature, speaking as the sponsor of HB 189, stated that
HB 189 would define and add hazing to the criminal code, as well
as add hazing to school district policies across Alaska. This
bill has been modeled on legislation that exists in 44 other
states. He said that hazing is a problem in high schools and
school environments. He explained that it is considered hazing
when a group of students with power and seniority use it to
coerce other students in unpleasant activities. These actions
can harm the students emotionally and physically. He has
personally observed this in high school. In closing, this bill
would bring Alaska in line with 44 other states to identify
hazing as a problem. He has worked with a number of
organizations on the bill and Senator Fairclough has introduced
a companion bill in the Senate.
9:39:25 AM
REPRESENTATIVE REINBOLD moved the committee substitute for
HB 189, Version O, labeled 28-LS0672\O, Strasbaugh, 4/9/13.
There being no objection, Version O was before the committee.
9:40:03 AM
TULLY MCLOUGHLIN, Staff, Representative Jonathan Kreiss-Tomkins,
Alaska State Legislature, on behalf of the sponsor,
Representative Kreiss-Tomkins, explained the changes to the
original bill, in the proposed committee substitute (CS) for HB
189, Version O.
MR. MCLOUGHLIN referred to proposed Section 1 of HB 189, Version
O, would change "risk of physical injury" to "substantial risk
of serious physical injury" to better reflect the language for
reckless endangerment. Basically, reckless endangerment is a
class A misdemeanor, as is hazing as defined in the bill. In
addition, the felony provision was removed after holding
discussions with the attorney general since the level of crime
would be covered elsewhere in the criminal code.
MR. MCLOUGHLIN referred to proposed Section 1 (b), Version O,
which would delete the reference to "normal and customary" and
replace it with "conduct that is reasonably expected to occur
when participating in athletic physical education, military
training, or similar programs." He explained that if a military
exercise consisted of a five-mile run, the participants could
not claim the routine exercise as hazing.
MR. MCLOUGHLIN referred to proposed Section 7, Version O, which
would requires a school employee, or volunteer who has
witnessed, or has reliable information about an act of hazing to
report the hazing activity. Version O added language that a
failure to report "shall" result in appropriate disciplinary
action.
MR. MCLOUGHLIN explained that proposed Section 10 provides
definitions to AS 14. Version O will also change the
definitions in AS 14 to match the definitions in the criminal
code, AS 11, in proposed Section 1 of HB 189. He explained that
on page 3, line 21, [the burden of proof for hazing] was changed
from "intentional act" to "knowingly" to correspond [to the
proof required in Section 1 of HB 189, which states " ... the
person knowingly engages ..." and finally, on page 4, line 4,
the language is changed from the language in the original
version, which was "normal and customary" to "an act or
situation that is reasonably expected to occur." This is a
conforming change.
9:43:43 AM
REPRESENTATIVE REINBOLD requested specific examples of hazing
and whether the bill pertains to a specific age group in Alaska.
REPRESENTATIVE KREISS-TOMKINS cited a situation in Sitka in
which high school seniors tied a group of freshman to trees and
left them. He explained the bill was suggested by a Mount
Edgecombe teacher. Students at Mount Edgecombe were surveyed
and a number of them related hazing incidents. Additionally, in
Juneau, a wrestling team recently had untoward physical hazing
from upper classmen. He reported that nationwide nearly half,
or 47 percent of high school students, have undergone hazing.
9:45:50 AM
REPRESENTATIVE LEDOUX suggested that the activity of students
being tied to trees would fall under assault in the existing
criminal code.
MR. MCLOUGHLIN agreed that assault is in the criminal code as
one means to address the students left tied to trees. However,
the purpose of inserting hazing is to clearly define hazing as a
deviation from the social norm and highlight that hazing is
wrong. This bill would help ensure that hazing is identified as
a crime, specifically as it pertains to the initiation into or
affiliation with a student group. The sponsor emphasized it
merited its own definition in criminal law.
9:47:26 AM
REPRESENTATIVE LEDOUX asked for an example of hazing that is
covered in HB 189 that would not be considered a crime in the
current criminal code.
MR. MCLOUGHLIN answered that he couldn't think of anything
specific. The incidents of hazing could fall under any number
of crimes. The class A misdemeanor penalties are the same as
Assault in the Second Degree. However, the criminal definition
in proposed Section 1 is more restrictive than one offered in
the one in proposed Section 10. This bill would pertain to
school districts and schools to address hazing through
disciplinary actions. He maintained that 44 other states have
considered this type of legislation and found it important and
reasonable to consider as a criminal act.
REPRESENTATIVE LEDOUX understood adding hazing in terms of how
it pertains to school districts, but she expressed concern about
adding hazing to the criminal code since the activity is already
addressed in the code.
REPRESENTATIVE KREISS-TOMKINS emphasized that defining hazing in
the criminal code is important due to the power asymmetry
aspects. Lower classmen may submit to the upper classmen and
accept hazing as a coercive assent for participation in a group
activity. Adding hazing as a misdemeanor would specifically
address that activity. Granted, the criminal activity is
covered; however, the blanket charge of assault could be
confusing and students might not understand they have an avenue
to seek redress through the school district or the courts,
especially given the coercion aspects.
MR. MCLOUGHLIN directed attention to page 1, lines 12-14, to
subsection (c), which specifically addresses this, which read,
"It is not a defense to a prosecution for a crime under this
section that the individual against whom the act or situation
was directed consented to or acquiesced in the act or
situation."
9:50:43 AM
REPRESENTATIVE P. WILSON directed attention to page 1,
subsection (d), and compared to it page 4 lines 9-10 of HB 189,
which defines organization. She explained that AS 14 adds a
connection to schools and she was unsure why the definition
should be different in AS 11 than it is in AS 14. She again
referred to subsection (d), which read, "organization" means a
fraternity, sorority, association, corporation, order, society,
corps, cooperative, club, service group, social group, faith-
based group, athletic team, or similar group whose members are
primarily students."
REPRESENTATIVE KREISS-TOMKINS offered his belief that the
definition in Section 10, relates to elementary, middle, or
secondary schools is because it would apply to school district
policy.
REPRESENTATIVE P. WILSON referred to page 2, line 3, subsection
(e) of Version O. She asked for the penalty provisions for a
class A misdemeanor.
MR. MCLOUGHLIN answered that the maximum penalty for a class A
misdemeanor is up to one year in prison.
REPRESENTATIVE P. WILSON referred to page 3, line 16, proposed
Section 7, which read, " ... ; failure to report shall result in
appropriate disciplinary action." She asked what would
constitute appropriate disciplinary action under this language.
MR. MCLOUGHLIN answered that everything after proposed Section 1
of HB 189 pertains to school district policy. The disciplinary
action in proposed Section 7 would be taken by either the school
district or the school.
REPRESENTATIVE P. WILSON asked whether schools would be required
to have policies in place or if something happened the school
would decide what to do.
MR. MCLOUGHLIN referred to Section 2, which read, as follows
[original punctuation provided]:
(a) Each[BY JULY 1, 2007, EACH] school district shall
adopt a policy that prohibits the hazing, harassment,
intimidation, or bullying of any student. Each school
district shall share this policy with parents or
guardians, students, volunteers, and school employees.
MR. MCLOUGHLIN responded that each school district should adopt
a policy to address hazing and the appropriate disciplinary
action.
9:55:45 AM
JEFFREY MITTMAN, Executive Director, American Civil Liberties
Union of Alaska (ACLU-Alaska), offered his support for HB 189.
He said hazing and bullying are serious concerns in Alaska's
schools and throughout the country. This bill goes a long way
towards addressing that issue in a very real and important way.
The ACLU-Alaska strongly supports proposed Sections 2-10. He
offered to continue work with the sponsor on the criminal
provisions. The ACLU has expressed some concern about the bill
criminalizing student behavior, but anticipates working with the
sponsor to address these issues.
9:56:51 AM
REPRESENTATIVE DRUMMOND assumed the letter in members' packets
referred to an earlier version of the bill.
MR. MITTMAN said that is correct.
9:57:14 AM
GARY MATTHEWS, Executive Director, Alaska School Activities
Association (ASAA), stated that he submitted a letter dated
April 2, 2013 in support of the bill. He said the ASAA does not
specifically have rules that prohibit hazing but it is a concern
to coaches, schools, families, students, and communities.
Additionally, students have the right to feel safe in school and
during school activities without threat of intimidation.
Granted, many school districts have anti-bullying policies in
place. However, it makes sense to expand those to include
prohibitions on hazing. He was unsure how many districts
specifically include hazing in their current policies. He
acknowledged that hazing happens in Alaska. In fact, during the
past few years there have been notorious cases involving
athletes in Alaska, some of which have been sexual in nature.
Fortunately, serious injuries have been avoided, but it does not
mean that Alaska should lower its vigilance. In conclusion, he
said the ASAA supports the bill, as amended.
9:58:53 AM
BRUCE JOHNSON, Executive Director, Alaska Council of School
Administrators (ACSA), offered his belief that this bill will
shine a bright light on hazing. It is appropriate that this
happen. Recent incidents have been reported to indicate youth
are subjected to hazing. The ACSA would like to be on record to
eliminate any hazing. Further the ACSA supports the proposed CS
for HB 189, [Version O.]
10:00:14 AM
REPRESENTATIVE LEDOUX said it appears there may be certain cases
of hazing that encompasses mental distress versus physical harm.
She asked whether First Amendment rights would be breeched by
this law if "mean teasing" is part of the bill.
MR. MITTMAN responded that the ACLU-Alaska will want to
carefully analyze the proposed CS to make a determination. The
ACLU has historically taken the viewpoint that it is important
to punish the actions not speech or thoughts. Therefore the
ACLU-Alaska has been working with the bill sponsor to ensure the
bill will punish behavior and actions and not speech or
thoughts. He expressed confidence that this can be addressed.
REPRESENTATIVE KREISS-TOMKINS commented he is working with the
attorney general on the ACLU's concerns. He said the language
in Section 1 has been refined. However, Section 10 has a more
expansive definition of hazing, but it is not defined as
criminal activity.
10:02:41 AM
REPRESENTATIVE P. WILSON referred to page 4, line 1, which read,
"to the risk of physical injury or severe mental or emotional
injury, ... " which she viewed as subjective. She related in
her own family, one of her five siblings found some things that
happened to them were "emotional" but the remaining siblings
view the experiences differently. Therefore, she surmised that
every student will experience similar events differently.
However, while bullies tend to focus in on perceived weaknesses
and some students can be traumatized, others are not affected.
She cautioned that it is subjective and can be difficult to
define.
REPRESENTATIVE KREISS-TOMKINS responded that the point is an
excellent point. First, the bill leaves it to the school
districts on harassment and intimidation. Secondly, it is
difficult to define emotional and mental injury. He relayed a
reported incident from a Chicago girls' soccer hazing that was
inappropriate, although the hazing did not result in physical
injury. Again, it's up to the school districts to decide, he
said.
CHAIR GATTIS, after first determining no one else wished to
testify, closed public testimony on HB 189.
10:06:08 AM
REPRESENTATIVE DRUMMOND commented there are enough instances of
hazing in Alaska perpetrated on students in Alaska to indicate
it's important to cover as many definitions as possible to
provide clarity and support to the school districts.
10:07:02 AM
CHAIR GATTIS thanked the sponsor for bringing the bill forward.
She said she thinks the bill helps elevate the conversation and
better identify that hazing exists.
[HB 189 was held over.]