Legislature(2013 - 2014)CAPITOL 106
03/31/2014 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| HB45 | |
| HB189 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 45 | TELECONFERENCED | |
| += | HB 189 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 189-HAZING
8:24:06 AM
CHAIR GATTIS announced that the final order of business would be
HOUSE BILL NO. 189, "An Act relating to hazing." [Before the
committee was Version O, adopted 4/10/13.]
8:26:45 AM
REPRESENTATIVE JONATHAN KREISS-TOMKINS, Alaska State
Legislature, as prime sponsor of HB 189, stated that the intent
of the bill is to address hazing, noting HB 189 would add hazing
to school district policies, not unlike the previous bill, but
would also define hazing in the penal code for cases resulting
in death or serious physical injury. He said the characteristic
of hazing that differentiates it from other crimes, such as
harassment or assault, is that hazing constitutes a crime even
if the victim consented to or acquiesced to the situation. This
makes hazing a unique and potentially troublesome action.
Hazing happens when someone in authority or power manipulates a
subordinate and takes advantage of him/her. He clarified that
Version O is before the committee.
8:28:43 AM
REPRESENTATIVE LEDOUX referred to how battery or assault occurs
in the current criminal code. First, she didn't understand how
a victim would agree to something that would result in serious
injury or death. Second, she suggested crimes that result in
serious injury or death are already covered in the penal code.
REPRESENTATIVE KREISS-TOMKINS answered that a victim could
easily consent to an initiation process, which means agreeing to
an unknown. For example, a person may consent to get on a van
that takes him/her to an initiation spot; however it is
difficult to pinpoint when consent does or does not occur.
REPRESENTATIVE LEDOUX asked whether any cases have occurred
where someone has been injured or killed during a hazing process
and the case wasn't prosecuted due to a defense that the victim
consented or agreed to the hazing.
REPRESENTATIVE KREISS-TOMKINS answered no; not to his knowledge.
No one has been killed in Alaska but serious injuries have
occurred, although he was unsure how those cases were resolved.
The concept for HB 189 was brought to him by a teacher and
Alaska would be the 45th of 50 states to adopt similar
legislation. He offered his belief that hazing should be
included in district policy manuals and also in the penal code
to address serious hazing.
8:32:02 AM
REPRESENTATIVE P. WILSON asked whether the previous bill, HB 45,
would cover hazing.
REPRESENTATIVE KREISS-TOMKINS answered no; it would not, since
the distinction is that hazing takes place when someone in power
manipulates someone who is not in power to become part of an
organization or team.
REPRESENTATIVE P. WILSON asked for further clarification on
whether schools are subject to mandatory reporting of hazing
incidents.
[CHAIR GATTIS left the meeting room momentarily.]
8:33:45 AM
REPRESENTATIVE KREISS-TOMKINS anticipated that 99 percent of the
instances would be handled internally and hazing would be added
to school district policy manuals to heighten awareness that
this type of activity is not allowed.
8:34:28 AM
REPRESENTATIVE P. WILSON asked for further clarification on the
reporting aspects of hazing.
REPRESENTATIVE KREISS-TOMKINS answered that students, coaches,
administrators or anyone witnessing it would report hazing
behavior. In further response to a question, he agreed that the
school wouldn't report it to the police.
REPRESENTATIVE P. WILSON asked how the crime of hazing becomes a
misdemeanor since the matter would need to come before the
police before the person is charged. She further asked whether
the school has an obligation to report hazing to the police.
REPRESENTATIVE KREISS-TOMKINS answered that the school would not
be required to report hazing to the police. He envisioned this
bill will create a tool for prosecutors to use in the one
percent of hazing instances that result in serious injury or
death. Further, this crime would be used in instances in which
it is difficult to determine whether consent occurred. He
characterized "consent" as an insidious aspect of hazing, which
creates a gray area. He surmised that students who were paddled
or razzed would report the hazing to the school authorities.
8:36:40 AM
CHAIR GATTIS acknowledged that hazing could occur at the behest
of a coach so students should also be able to report hazing to
law enforcement.
8:37:54 AM
REPRESENTATIVE SADDLER directed attention to page 1, lines 5-6,
which read, " ... causes a situation that subjects a student to
a substantial risk of serious physical injury ..." and page 4,
line 1, which read, " ... to the risk of physical injury or
severe mental or emotional injury, ...." He asked for further
clarification since this appears to be two different
definitions.
REPRESENTATIVE KREISS-TOMKINS answered that page 1 involves
situations in which law enforcement is involved and page 4
refers to less egregious hazing that uses an internal process.
8:39:27 AM
REPRESENTATIVE SADDLER related his understanding that the
language on page 1, AS 11.61.115 (a), relates to the crime of
hazing whereas the language on page 4 line 1 relates to AS
14.33.250 (4). He asked how a situation would create a risk of
severe mental or emotional injury and further asked how that
would be assessed. He suggested that emotional injury might be
more difficult to assess.
REPRESENTATIVE KREISS-TOMKINS related a scenario that occurred
in Sitka in which students were left naked in a remote location
and had to walk back to town to illustrate the need to report.
8:40:38 AM
REPRESENTATIVE SADDLER suggested that such a walk and initiation
might be an easy task for some to endure, but it could be
emotionally challenging for others. He asked for further
clarification on the evaluation or assessment that would be
used.
REPRESENTATIVE KREISS-TOMKINS said that tough sports and
activities, such as football, are not affected by the bill;
however, anything that doesn't include day-to-day activities and
entails risk, injury, or mental anguish would fall under the
definition of hazing.
REPRESENTATIVE SADDLER asked whether any element of community-
based standards will be used or if a uniform standard would be
applied.
REPRESENTATIVE KREISS-TOMKINS indicated that school districts
would determine hazing policies, but he did not envision that
typical hazing activities would be in the penal code.
8:42:50 AM
REPRESENTATIVE LEDOUX noticed that this bill applies to K-12
grades and asked if hazing at the college level is more
prevalent.
REPRESENTATIVE KREISS-TOMKINS stated that Sections 2-10 relate
to school district policy manuals; however, for serious cases of
hazing Section 1 [relating to the criminal code under AS
11.61.115] would apply.
REPRESENTATIVE LEDOUX referring to the previous incident
mentioned, leaving someone at the end of a road. She asked
whether these are the types of activities encountered on
television survivor programs.
REPRESENTATIVE KREISS-TOMKINS answered yes; however, he doubted
people's clothing would be removed for survivor programs. In
further response, he acknowledged that despite no one getting
hurt, the potential for harm existed and frostbite could have
occurred.
8:44:51 AM
REPRESENTATIVE SADDLER referred to page 3 line 16 of Version O,
which read, "appropriate school official; failure to report
shall result in appropriate disciplinary action." He said he
did not see a definition for appropriate disciplinary action.
REPRESENTATIVE KREISS-TOMKINS offered his belief that
appropriate disciplinary action would be determined by school
districts. He assumed the disciplinary action would be similar
to actions related to harassment or bullying offenses.
8:46:14 AM
LES MORSE, Deputy Commissioner, Office of the Commissioner,
Department of Education and Early Development (EED), said that
HB 189 would add to existing school district policies for
harassment, intimidation, and bullying. This bill would define
hazing and require hazing to be incorporated in the policies.
The current statute requires parent and community engagement
when writing the policies. Ultimately, the policies would be
adopted by individual school boards using a public process.
Although school districts develop their own policy manuals, the
Alaska Association of School Boards (AASB) has established model
policies and many districts, but not all, adopt these model
policies.
MR. MORSE described the reporting aspect. Current law requires
students and adults in schools to report to the appropriate
authority; however, if the authority, such as a coach,
instigated the hazing, the next step will be to report to a
higher authority, typically the principal. Further, districts
report to the department annually on the number of incidents
that have resulted in suspension or expulsion from school.
8:49:09 AM
CHAIR GATTIS asked for further clarification on reporting when
an adult, teacher, or coach is involved and for the potential
consequences.
MR. MORSE answered that if an adult, teacher, or coach failed to
report or was part of the activity, it could result in
disciplinary action. In those instances the local district
would determine any disciplinary action, but egregious actions
would likely result in law enforcement or legal actions. He
stated that student and employee handbooks will outline the
district and school policies. In most cases personnel actions
will be taken if an adult is involved in the incident, he said.
8:51:01 AM
REPRESENTATIVE P. WILSON referred to page 3, line 16, to the
language, "failure to report shall result in appropriate
disciplinary action." She asked whether policies are in place
to cover disciplinary action.
MR. MORSE answered this language is nested in current law, but
"hazing" is added to subsection (b). He explained that current
law requires school districts to establish policies for
disciplinary action for those who fail to report [harassment,
intimidation, or bullying]. He acknowledged that actions for
"hazing" would also be handled in these policies.
8:51:43 AM
REPRESENTATIVE SADDLER asked whether most districts have such a
policy.
MR. MORSE answered yes; however, even though school districts
have policies regarding reporting, it is not specific to hazing.
8:52:03 AM
REPRESENTATIVE SADDLER asked whether the Association of Alaska
School Boards (AASB) model policies include sanctions for
failure to report [hazing, harassment, intimidation, or
bullying].
MR. MORSE answered he hasn't specifically reviewed the AASB's
model policies regarding reporting but he believes the
association's policies are current so he felt comfortable that
model language exists.
REPRESENTATIVE SADDLER asked how often reports on hazing and
bullying currently occur.
MR. MORSE, speaking from his experience as a principal, said
that many of these incidents are not reported to the department.
He suspected hazing incidents are more severe at the high school
level and generally are reported since the student handbook and
rules cover bullying behaviors. Typically, he envisioned that
someone will speak out and it would also be rare for an adult to
observe hazing and not report it. He recalled during his time
as principal of a middle school that reports occurred on a
monthly basis.
REPRESENTATIVE SADDLER asked what type of sanctions might be
imposed on school staff that fail to report such activity.
MR. MORSE responded that he never encountered any school staff
failure to report, but he was aware of an instance in which
school staff was put on leave pending an investigation. He
indicated possible sanctions could include loss of employment or
reporting the activity to legal authorities.
8:54:45 AM
REPRESENTATIVE SEATON wondered if most hazing would already be
reported as harassment, intimidation, or bullying. He asked
whether it is useful to include hazing to the current definition
to ensure this specific category is covered.
MR. MORSE offered his belief that it will be helpful to have
clarity in statute; however, he acknowledged this this is a
policy call for the committee and legislature to make.
8:55:46 AM
REPRESENTATIVE P. WILSON asked whether hazing could be dealt
with under the current statutes.
MR. MORSE answered that hazing would have been covered by
polices in the two school districts he worked in as principal
and teacher, although that was ten years ago.
8:56:41 AM
REPRESENTATIVE SADDLER noted the relationship in topics between
HB 189 and HB 45. He referred to page 3, lines 4-5, of Version
O, which read, " ... or at school sponsored or school sanctioned
activities ...." He noted this language explicitly extends the
reporting requirement to activities beyond the school and
whether this is practical.
MR. MORSE offered his belief that any school sponsored or school
sanctioned activities would already be covered since students
are required to follow the policies and adults supervising the
events must also follow the district's procedures.
REPRESENTATIVE SADDLER understood this language would further
clarify it to explicitly extend the reporting requirements to
school sanctioned events.
MR. MORSE answered that HB 189 will make the statute more
explicit and clear.
8:58:25 AM
REPRESENTATIVE LEDOUX expressed concern that a fine line exists
between "hazing" and an "initiation" into a sport. She related
a scenario to illustrate how participation in an Ironman
triathlon in a hot climate to join a running club might be
considered an extreme activity and raise concerns. She
suggested many people might think a person is "a little bit
nuts" [participating in such initiation events].
8:59:52 AM
REPRESENTATIVE KREISS-TOMKINS remarked that he would love to
participate in an Ironman. He clarified that the language is
relevant because it is context specific. It's important to
consider what is reasonable to expect to occur in a program or
an activity. Certain things may be acceptable to someone on a
track team, but in other situations the same activity would be
considered hazing. He referred to his sponsor statement to the
aforementioned incident that resulted in frostbite, noting these
types of incidents will be handled internally by the district.
REPRESENTATIVE LEDOUX interjected that [hazing] seemed like it
would fit in assault and battery charges. She questioned how
the development of unique challenges would be allowed to occur
since something new wouldn't necessarily fall under the current
purview. In response to a question, she clarified that people
can't envision some new sport or challenge until it actually
transpires.
REPRESENTATIVE KREISS-TOMKINS surmised that most high school
sports in Alaska are routine, but if a new sport developed, it
would likely be considered as being normal and customary.
REPRESENTATIVE LEDOUX maintained her concern. She questioned
how this bill might affect new sports and whether a sport such
as boxing would ever have been allowed if HB 189 had been in
effect.
9:04:01 AM
REPRESENTATIVE KREISS-TOMKINS referred to Representative
Saddler's question on page 2, Section 3 of Version O. This
section outlines the community based guidelines for hazing,
which includes an opportunity for participation by parents or
guardians, school employees, students, administrators, and
community representatives. Again, this section outlines the
current community developed process in statute for developing
district policy manuals.
9:04:53 AM
TONY NEUMAN, Program Officer, Division of Juvenile Justice,
Department of Health and Social Services (DHSS), said that the
EED spoke well to the process in terms of any school staff or
adults committing hazing offenses. He described how a minor
would be handled, such that if law enforcement identified a
minor committing an offense, the officer would make a referral
to the division and to the local probation office, and staff
will collectively determine how to proceed ranging from
instituting court proceedings or a diversion. Typically, youth
would be deferred to youth court and staff may require an
apology to the victim or community work service, but not
necessarily petition the court to handle the case. In response
to a question, he clarified that he is speaking to proposed
Section 1 of Version O and not to the school policy.
9:07:10 AM
CHAIR GATTIS closed public testimony on HB 189.
9:07:16 AM
REPRESENTATIVE SEATON commented that HB 189 adds and improves
clarity in existing statute, noting this bill may prevent
hazing, thus, he offered his support for HB 189.
9:08:16 AM
REPRESENTATIVE SEATON moved to report the proposed committee
substitute (CS) for HB 189, Version O, labeled 28-LS0672,
Strasbaugh, 4/9/13, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, the CSHB 189(EDC) was reported from the House
Education Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB189 Ver O.PDF |
HEDC 3/31/2014 8:00:00 AM |
HB 189 |
| HB189 Ver O Sectional.PDF |
HEDC 3/31/2014 8:00:00 AM |
HB 189 |
| HB189 Ver O Explanation of Changes.PDF |
HEDC 3/31/2014 8:00:00 AM |
HB 189 |
| HB189 Sponsor Statement.PDF |
HEDC 3/31/2014 8:00:00 AM |
HB 189 |
| HB 189 fiscalNote DOA.pdf |
HEDC 3/31/2014 8:00:00 AM |
HB 189 |
| HB 189 fiscalNote DOA - Public Defender.pdf |
HEDC 3/31/2014 8:00:00 AM |
HB 189 |
| HB 189 fiscalNote - EED.pdf |
HEDC 3/31/2014 8:00:00 AM |
HB 189 |
| HB 189 fiscalNote - DOL.pdf |
HEDC 3/31/2014 8:00:00 AM |
HB 189 |
| HB 189 fiscalNote - DOC.pdf |
HEDC 3/31/2014 8:00:00 AM |
HB 189 |