SUBJECT: HAZING  

Policy:   The University of North Texas prohibits hazing by any student, student organization or employee.  No student, organization, or employee of the University of North Texas (“UNT”) shall engage in, encourage, aid, or assist any other person in what is commonly known and recognized as hazing.[1] Students and employees who have knowledge of conduct that might constitute hazing must report the conduct to the Center for Student Rights and Responsibilities, Dean of Students, UNT Police Department, or other appropriate University officials.  Any individual who receives a report of hazing must forward the report to the university police department. 

Definitions:  The following definitions apply for purposes of this policy:

"Student" means any person who is registered in or in attendance at the UNT; has been accepted for admission at the UNT; or intends to attend the UNT during any of its regular sessions after a period of scheduled vacation.

“Hazing” means any intentional, knowing, or reckless act, occurring on or off campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student of the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization.  The term includes:

A.                any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of harmful substance on the body, or similar activity; 

B.                 any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

C.                any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; 

D.                any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization of the institution rather than submit to acts described in this subdivision; and  

E.                 any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code. 

"Organization" means a fraternity, sorority, association, corporation, order, society, corps, club, or service, social, or similar group, whose members are primarily students. 

“Appropriate University Official” means the Center for Student Rights and Responsibilities, Dean of Students, UNT Police Department or any UNT employee who or department that reasonably is in a position to stop or remedy the conduct.

Prohibited Personal Conduct: 

A person violates this policy and state law if he or she engages in hazing; solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing; recklessly permits hazing to occur; or has firsthand knowledge of the planning of a specific hazing incident involving a student at the UNT, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the university judicial officer or other appropriate university official.

Prohibited Organizational Conduct: 

An organization violates this policy and state law if it condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.  

Sanctions: 

Students, employees and organizations found in violation of this policy, including failure to report hazing, are subject to disciplinary action, up to and including expulsion, termination, and permanent suspension, respectively.  Additionally, persons and organizations found in violation of state anti-hazing law are subject to civil and criminal sanctions. 

The offense of failing to report is a Class B misdemeanor. A violation that does not cause serious bodily injury to another is a Class B misdemeanor. Any other offense under this section that causes serious bodily injury to another is a Class A misdemeanor. Any offense that causes the death of another is a state jail felony. 

An organization that violates this policy commits a misdemeanor offense punishable by: a fine of not less than $5,000 nor more than $10,000; or if the court finds that the offense caused personal injury, property damage, or other loss, a fine of not less than $5,000 nor more than double the amount lost or expenses incurred because of the injury, damage, or loss. 

Consent Not A Defense:  It is not a defense to charges of violating this policy or state law that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.

Immunity for Good Faith Reporting:  The  university   may grant immunity from university-imposed sanctions for a violation of this policy to each person who  voluntarily  testifies against an individual who or organization that violates this policy.  Any person who in good faith reports a specific hazing incident involving a student, as defined by this policy, to the university judicial officer or other appropriate official of the university, is immune from university-imposed sanctions that might otherwise be incurred or imposed as a result of making a report that is not ultimately substantiated.  Immunity may extend to participation in any university enforcement or disciplinary proceeding resulting from the report.  A person who makes a report in bad faith or with malice is not entitled to immunity. 

In a criminal prosecution of an offense under Chapter 37 of the Texas Education Code (anti-hazing law), the court may grant immunity from prosecution for the offense to each person who is subpoenaed to testify for the prosecution and who does testify for the prosecution. Any person reporting a specific hazing incident involving a student to the appropriate university official is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the report. Immunity extends to participation in any judicial proceeding resulting from the report. A person who makes a report in bad faith or with malice is not entitled to immunity. 

Reporting By Health Care Professional:  A doctor or other medical practitioner who treats a student who may have been subjected to hazing activities may report the suspected hazing activities to police or other law enforcement officials, and is immune from civil or other liability that might otherwise be imposed or incurred as a result of the report, unless the report is made in bad faith or with malice.

 REFERENCES:

 [1]  Texas Education Code, Chapter 37, Subchapter F and §51.936.