S T A T E O F N E W Y O R K ________________________________________________________________________ S. 1937 A. 2132 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 14, 2011 ___________ IN SENATE -- Introduced by Sens. LAVALLE, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education IN ASSEMBLY -- Introduced by M. of A. MORELLE -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to hazing, serving alco- hol to minors and illegal drug offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 6430 of the education law, as 2 amended by chapter 75 of the laws of 2004, is amended and a new subdivi- 3 sion 7 is added to read as follows: 4 1. The trustees or other governing board of every college chartered by 5 the regents or incorporated by special act of the legislature and which 6 maintains a campus, unless otherwise provided, shall adopt written rules 7 for implementing all policies required pursuant to this article and for 8 the maintenance of public order on college campuses and other college 9 property used for educational purposes and provide a program for the 10 enforcement thereof. Such rules shall prohibit, among other things, any 11 action or situation which recklessly or intentionally endangers THE 12 mental or physical health [or involves the forced consumption of liquor 13 or drugs for the purpose of initiation into or affiliation with any 14 organization] OF ANY INDIVIDUAL. Such rules shall govern the conduct of 15 students, faculty and other staff as well as visitors and other licen- 16 sees and invitees on such campuses and property. The penalties for 17 violations of such rules shall be clearly set forth therein and shall 18 include provisions for the ejection of a violator from such campus and 19 property, in the case of a student or faculty violator his or her 20 suspension, expulsion, or other appropriate disciplinary action, and in 21 the case of an organization which authorizes such conduct, recision of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05238-01-1 S. 1937 2 A. 2132 1 permission for that organization to operate on campus property. Such 2 penalties shall be in addition to any penalty pursuant to the penal law 3 or any other law to which a violator or organization may be subject. 4 7. FOR THE PURPOSES OF THIS ARTICLE, ORGANIZATIONS SHALL INCLUDE, BUT 5 NOT BE LIMITED TO, RECOGNIZED COLLEGE OR STUDENT GOVERNMENT ORGANIZA- 6 TIONS OR CLUBS, ALUMNI ORGANIZATIONS, ATHLETIC TEAMS AND CLUBS, FRATER- 7 NITIES AND SORORITIES OR ANY CAMPUS OR UNIVERSITY ORGANIZATION OR GROUP 8 THAT HAS ACCESS TO AND USE OF COLLEGE FACILITIES. 9 S 2. Paragraphs a and c of subdivision 3 of section 6431 of the educa- 10 tion law, as amended by chapter 13 of the laws of 2009, are amended to 11 read as follows: 12 a. educating the campus community, including security personnel and 13 those persons who advise or supervise students, about sexual assault, 14 domestic violence, BIAS RELATED CRIME, HAZING, UNDERAGE DRINKING, ILLE- 15 GAL DRUG USE, and stalking offenses pursuant to section sixty-four 16 hundred thirty-two, SECTION SIXTY-FOUR HUNDRED THIRTY-EIGHT, AND SECTION 17 SIXTY-FOUR HUNDRED THIRTY-NINE of this article; 18 c. reporting sexual assaults, domestic violence, HAZING, BIAS RELATED 19 CRIME, and stalking incidents and assisting victims during investi- 20 gations; 21 S 3. The education law is amended by adding two new sections 6438 and 22 6439 to read as follows: 23 S 6438. HAZING INFORMATION AND PREVENTION. 1. EACH COLLEGE SHALL ADOPT 24 RULES THAT PROHIBIT CONDUCT WHICH INTENTIONALLY OR RECKLESSLY INVOLVES 25 THE FORCED CONSUMPTION OF ALCOHOL OR DRUGS, OR ANY OTHER BEHAVIOR THAT 26 MAY ENDANGER THE MENTAL OR PHYSICAL HEALTH AND SAFETY OF INDIVIDUALS. 27 2. EACH COLLEGE SHALL INFORM INCOMING STUDENTS ABOUT PROHIBITIONS ON 28 HAZING THROUGH PROGRAMS WHICH MAY INCLUDE WORKSHOPS, SEMINARS, 29 DISCUSSION GROUPS AND MEDIA PRESENTATIONS, IN ORDER TO DISSEMINATE 30 INFORMATION ABOUT HAZING, PROMOTE DISCUSSION, ENCOURAGE REPORTING OF 31 INCIDENTS OF HAZING AND FACILITATE PREVENTION OF SUCH INCIDENTS. SUCH 32 INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO: 33 A. THE APPLICABLE LAWS, ORDINANCES AND REGULATIONS REGARDING HAZING, 34 INCLUDING THE PENALTIES FOR VIOLATION UNDER LAW; 35 B. THE PROCEDURES AND PENALTIES IN EFFECT AT THE COLLEGE FOR DEALING 36 WITH HAZING; AND 37 C. THE AVAILABILITY OF COUNSELING AND OTHER SUPPORT SERVICES FOR THE 38 VICTIMS OF HAZING. 39 3. EACH COLLEGE SHALL DEVELOP POLICIES FOR THE TRAINING OF APPROPRIATE 40 STAFF, INCLUDING, BUT NOT LIMITED TO, RESIDENT LIFE STAFF, COACHES AND 41 OTHER PERSONNEL REGARDING HAZING AND THE PROCEDURES FOR ENFORCING AND 42 REPORTING SUCH INCIDENTS TO THE PROPER COLLEGE OFFICIALS. 43 4. EACH COLLEGE SHALL REVIEW DISCIPLINARY PROCEDURES PERTAINING TO ALL 44 ORGANIZATIONS AS DEFINED BY SUBDIVISION SEVEN OF SECTION SIXTY-FOUR 45 HUNDRED THIRTY OF THIS ARTICLE. SUCH PENALTIES MAY INCLUDE, BUT NOT BE 46 LIMITED TO, THE REVOCATION OF SUCH ORGANIZATION'S RIGHT TO OPERATE ON 47 SUCH CAMPUS, USE CAMPUS FACILITIES OR BE RECOGNIZED BY THE COLLEGE OR 48 UNIVERSITY. WHERE SUCH ORGANIZATION IS A FRATERNITY OR SORORITY, 49 COMMONLY IDENTIFIED AS A GREEK LETTER ORGANIZATION, SUCH PENALTIES MAY 50 INCLUDE, BUT NOT BE LIMITED TO, THE WITHDRAWAL OF THE RECOGNITION OF 51 SUCH ORGANIZATION FROM SUCH CAMPUS. 52 5. COLLEGE RULES MAY INCLUDE PROVISIONS FOR THE DISCIPLINARY ACTION OF 53 STUDENTS WHO FAIL TO REPORT KNOWN INSTANCES OF HAZING AND IMMUNITY FROM 54 COLLEGE DISCIPLINARY ACTION FOR GOOD FAITH REPORTING OF HAZING. 55 S 6439. ALCOHOL AND DRUG ABUSE INFORMATION AND PREVENTION. 1. EACH 56 COLLEGE SHALL INFORM INCOMING STUDENTS ABOUT PROHIBITIONS ON UNDERAGE S. 1937 3 A. 2132 1 DRINKING AND SUBSTANCE ABUSE THROUGH PROGRAMS WHICH MAY INCLUDE WORK- 2 SHOPS, SEMINARS, DISCUSSION GROUPS AND MEDIA PRESENTATIONS IN ORDER TO 3 DISSEMINATE INFORMATION ABOUT UNDERAGE DRINKING AND SUBSTANCE ABUSE, 4 PROMOTE DISCUSSION, AND FACILITATE PREVENTION OF SUCH INCIDENTS. SUCH 5 INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO: 6 A. THE APPLICABLE LAWS, ORDINANCES AND REGULATIONS REGARDING UNDERAGE 7 DRINKING AND ILLEGAL DRUG USE, INCLUDING THE PENALTIES FOR VIOLATION 8 UNDER LAW; 9 B. THE PROCEDURES AND PENALTIES IN EFFECT AT THE COLLEGE FOR DEALING 10 WITH UNDERAGE DRINKING AND DRUG USE; AND 11 C. THE AVAILABILITY OF COUNSELING AND OTHER SUPPORT SERVICES FOR 12 SUBSTANCE ABUSERS. 13 2. EACH COLLEGE SHALL DEVELOP POLICIES FOR THE TRAINING OF APPROPRIATE 14 STAFF, INCLUDING, BUT NOT LIMITED TO, RESIDENT LIFE STAFF, COACHES AND 15 OTHER PERSONNEL REGARDING UNDERAGE DRINKING AND DRUG AND ALCOHOL ABUSE 16 AND THE PROCEDURES FOR ENFORCING AND REPORTING SUCH INCIDENTS TO THE 17 PROPER COLLEGE OFFICIALS. 18 3. EACH COLLEGE SHALL REVIEW CURRENT DISCIPLINARY PROCEDURES PERTAIN- 19 ING TO ALL ORGANIZATIONS AS DEFINED BY SUBDIVISION SEVEN OF SECTION 20 SIXTY-FOUR HUNDRED THIRTY OF THIS ARTICLE AND MAY PROVIDE ADDITIONAL 21 PENALTIES REGARDING ILLEGAL DRUG USE AND UNDERAGE DRINKING. 22 S 4. This act shall take effect on the first of July next succeeding 23 the date on which it shall have become a law.