Louisiana Anti-Hazing Law

The Max Gruver Act

§40.8. Criminal hazing

A.(1) Except as provided by Subsection D of this Section, it shall be unlawful for any person to commit an act of hazing.

(2)(a) Except as provided by Subparagraph (b) of this Paragraph, any person who commits an act of hazing shall be either fined up to one thousand dollars, imprisoned for up to six months, or both.

(b) If the hazing results in the serious bodily injury or death of the victim, or the hazing involves forced or coerced alcohol consumption that results in the victim having a blood alcohol concentration of at least 0.30 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood, any person who commits an act of hazing shall be fined up to ten thousand dollars and imprisoned, with or without hard labor, for up to five years.

B.(1)(a) If any person serving as a representative or officer of an organization, including any representative, director, trustee, or officer of any national or parent organization of which any of the underlying entities provided for in Paragraph (C)(3) of this Section is a sanctioned or recognized member at the time of the hazing, knew and failed to report, as soon as practicable under the circumstances, to law enforcement that one or more of the organization’s members were hazing another person, the organization may be subject to the following:

(i) Payment of a fine of up to ten thousand dollars.

(ii) Forfeiture of any public funds received by the organization.

(iii) Forfeiture of all rights and privileges of being an organization that is organized and operating at the education institution for a specific period of time as determined by the court. If the hazing results in the serious bodily injury or death of the victim, or results in the victim having a blood alcohol concentration of at least 0.30 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood, the period of time shall be for not less than four years.

(b) Information reported to law enforcement as provided in Subparagraph (a) of this Paragraph shall include all details received by the organization relative to the alleged incident, with no information being redacted, including the name of all individuals alleged to have committed the act or acts of hazing.

(2) An education institution that receives a report alleging the commission of an act or acts of hazing by one or more members of an organization that is organized and operating at the education institution shall report, as soon as practicable under the circumstances, the alleged act or acts to the law enforcement agency having jurisdiction in the place where the alleged act or acts of hazing occurred. The information reported to law enforcement as required by this Paragraph shall include all details received by the institution relative to the alleged incident, with no information being redacted, including the name of all individuals alleged to have committed the act or acts of hazing. Any education institution who fails to comply with the provisions of this Paragraph may be subject to a fine of up to ten thousand dollars.

C. For purposes of this Section:

(1) “Education institution” means any elementary or secondary school or any postsecondary education institution in this state.

(2)(a) “Hazing” is any intentional, knowing, or reckless act by a person acting alone or acting with others that is directed against another when both of the following apply:

(i) The person knew or should have known that the act endangers the physical health or safety of the other person or causes severe emotional distress.

(ii) The act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization.

(b) “Hazing” includes but is not limited to any of the following acts associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization:

(i) Physical brutality, such as whipping, beating, paddling, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.

(ii) Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects the other person to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual or causes severe emotional distress.

(iii) Activity involving consumption of food, liquid, or any other substance, including but not limited to an alcoholic beverage or drug, that subjects the individual to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual or causes severe emotional distress.

(iv) Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.

(c) A physical activity that is normal, customary, and necessary for a person’s training and participation in an athletic, physical education, military training, or similar program sanctioned by the education institution is not considered “hazing” for purposes of this Section.

(3) “Organization” means a fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group whose members are primarily students at, or former students of, an education institution.”Organization” includes the national or parent organization of which any of the underlying entities provided for in this Paragraph is a sanctioned or recognized member at the time of the hazing.

(4) “Pledging”, also known as “recruitment” or “rushing”, means any action or activity related to becoming a member of an organization.

D.(1) This Section does not apply to an individual who is the subject of the hazing, regardless of whether the individual voluntarily allowed himself to be hazed.

(2) It is not a defense to prosecution for a violation of this Section that the individual against whom the hazing was directed consented to or acquiesced in the hazing.

E.(1) The penalties provided in Subsection B of this Section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same incident or activity, and in addition to any penalty imposed by the organization or education institution pursuant to its by-laws, rules, or policies regarding hazing.

(2) Nothing in this Section precludes any civil remedy provided by law.

Acts 2018, No. 635, §1; Acts 2019, No. 382, §1.

§1801. Hazing prohibited; reporting; documentation

A. Hazing in any form, or the use of any method of initiation into organizations in any education institution supported wholly or in part by public funds, which is likely to cause bodily danger or physical punishment to any student or other person attending any such institution is prohibited.

B. Whoever violates the provisions of this Section shall be expelled, suspended, or dismissed from the education institution and not permitted to return for at least one semester, quarter, or comparable academic period. In addition, the person violating the provisions of this Section may also be subject to the provisions of R.S. 14:40.8 which provides penalties for certain hazing activities.

C.(1) If an organization has taken disciplinary action against one of its members for hazing or has reason to believe that any member of the organization has participated in an incident of hazing, the organization shall report the incident to the institution with which it is affiliated. If an organization or any of its members has been disciplined by a parent organization for hazing, the organization shall report the hazing for which the organization was disciplined to the institution with which it is affiliated.

(2) When the institution receives a report of an alleged incident of hazing pursuant to the provisions of Paragraph (1) of this Subsection, the institution shall do both of the following:

(a) Report to law enforcement as required by R.S. 14:40.8. The information reported to law enforcement shall include all information and details received by the institution relative to the alleged incident, with no information being redacted, including the name of all individuals alleged to have committed the act or acts of hazing identified in the report.

(b) Document in writing all actions taken with regard to the report including but not limited to the date the report was received, reports made to law enforcement as provided in R.S. 14:40.8, and any other information relative to the institution’s investigation, processing, and resolution of the incident.

(3) The Board of Regents, in consultation with the public postsecondary education management boards, shall develop the following:

(a) A standardized form that organizations shall use in making the reports required by Paragraph (1) of this Subsection.

(b) A standardized form that institutions shall use to document such reports, reports made to law enforcement as provided in R.S. 14:40.8, and the manner in which each hazing incident is handled and resolved at the institution level.

(c) A policy relative to making available to the public certain information relative to hazing that is documented pursuant to this Paragraph.

§1801.1. Hazing education; policies; new student orientation; organizations

A. Not later than August 1, 2018, the Board of Regents shall develop and adopt a uniform policy on hazing prevention. The policy shall define hazing as defined in R.S. 17:1801. Each postsecondary education institution shall adopt the uniform policy developed by the Board of Regents. An institution may expand the definition of hazing to prohibit additional behaviors it determines may be dangerous but shall not otherwise amend the definition.

B.(1) Each new student shall be provided educational information on the dangers of and prohibition on hazing during the new student orientation process in the form of a handbook.

(2) In addition to the requirement provided in Paragraph (1) of this Subsection, beginning in the fall semester of 2019, each new student shall be provided educational information on the dangers of and prohibition on hazing during the new student orientation process either in person or electronically.
(3) If the student receiving the information required by Paragraphs (1) and (2) of this Subsection is a minor, the information shall also be provided to his parent or legal guardian.

C. Each organization as defined in R.S. 17:1801 shall, as a condition of operating at an institution, adopt the hazing prevention policy that the institution has adopted pursuant to Subsection A of this Section, which shall include possible institutional sanctions against the organization in the event of a reported or confirmed hazing incident, and a policy that prohibits hazing. Each organization shall provide annually at least one hour of hazing prevention education that includes education relative to such policies to all members, and prospective members, and anyone who is employed by or volunteers with the organization. The education may be provided in person, electronically, or both. Each organization shall submit a report annually to the institution with which it is affiliated relative to the students, employees, and volunteers receiving such education evidenced by an attestation of such individuals receiving the education.

Acts 2018, No. 640, §1, eff. May 31, 2018.

D. For purposes of this Section and R.S. 17:1801.1:

(1)(a) “Hazing” means any intentional, knowing, or reckless act by a person acting alone or acting with others that is directed against another when both of the following apply:

(i) The person knew or should have known that such an act endangers the physical health or safety of the other person or causes severe emotional distress.

(ii) The act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization.

(i) Physical brutality, such as whipping, beating, paddling, striking, branding, electric shocking, placing of a harmful substance on the body, or similar activity.

(iv) Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.

(c) A physical activity that is normal, customary, and necessary for a person’s training and participation in an athletic, physical education, military training, or similar program sanctioned by the postsecondary education institution is not considered “hazing” for purposes of this Section.

(2) “Organization” means a fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group whose members are primarily students at, or former students of, a postsecondary education institution. “Organization” includes the national or parent organization of which any of the underlying entities provided for in this Paragraph is a sanctioned or recognized member at the time of the hazing.

(3) “Pledging” means any action or activity related to becoming a member of an organization, including recruitment and rushing.

(4) “Postsecondary education institution”, “education institution”, and “institution” mean any postsecondary education institution in this state supported wholly or in part by public funds.

Acts 2018, No. 635, §2; Acts 2018, No. 640, §1, eff. May 31, 2018; Acts 2019, No. 382, §2.

The Caleb Wilson Hazing Prevention Act

Section 1. This Act shall be known and may be cited as “The Caleb Wilson Hazing Prevention Act.”

Section 2. R.S. 17:1801 is hereby amended and reenacted to read as follows:

§1801. Hazing prohibited; reporting; documentation; education; policies; new student orientation; organizations

A. Definitions. For purposes of this Section, the following terms have the following meanings, unless the context clearly indicates otherwise:

(1)(a) “Hazing” means any intentional, knowing, or reckless act committed by a person acting alone or with others that is directed against another individual, when both of the following apply:
(i) The actor knew or reasonably should have known that the act endangered the physical health or safety of the other individual or caused severe emotional distress.
(ii) The act was associated with pledging, initiation into, affiliation with, participation in, holding office in, or maintaining membership in any organization.

(b) “Hazing” includes but is not limited to any of the following acts associated with pledging, initiation, affiliation, participation, holding office, or maintaining membership in any organization:
(i) Physical brutality including but not limited to beating, branding, electric shocking, paddling, placing a harmful substance on the body, striking, or similar activity.
(ii) Physical activity that subjects an individual to an unreasonable risk of harm, adversely affects physical health or safety, or causes severe emotional distress including but not limited to calisthenics, confinement in a small space, exposure to the elements, and sleep deprivation.
(iii) Activity involving the consumption of food, liquid, or any other substance, including but not limited to alcohol or drugs, that subjects the individual to an unreasonable risk of harm, adversely affects physical health or safety, or causes severe emotional distress.
(iv) Activity that induces, causes, or requires an individual to commit a crime or engage in an act that constitutes hazing under this Section.

(c) A physical activity that is normal, customary, and necessary for training and participation in an athletic, physical education, military training, or similar program officially sanctioned by the postsecondary education institution shall not be considered hazing for purposes of this Section.

(2) “Hearing panel” means a body designated by a postsecondary education
institution pursuant to its student code of conduct to adjudicate alleged hazing violations, and to determine responsibility and recommend or impose sanctions when suspension or expulsion may be a possible outcome.

(3)(a) “Organization” means any group whose members are primarily students at, or former students of, a postsecondary education institution including but not limited to the following:

(i) An association.
(ii) An athletic team.
(iii) A band.
(iv) A club.
(v) A cooperative.
(vi) A corporation.
(vii) A corps.
(viii) A fraternity.
(ix) An order.
(x) A service group.
(xi) A social group.
(xii) A spirit group.
(xiii) A society.
(xiv) A sorority.
(xv) Any similar group.

(b) “Organization” includes any national, regional, or parent organization of which an entity listed in this Paragraph is a sanctioned, recognized, or affiliated member at the time an incident of hazing occurs.

(4) “Pledging” means any action or activity related to becoming a member of an organization, including recruitment, rushing, and initiation-related activities.

(5) “Postsecondary education institution”, “education institution”, and “institution” mean any postsecondary education institution in this state supported wholly or in part by public funds.

(6) “Student organizational advisor” means an individual who is a faculty or staff member at an institution, or other adult who is designated by an institution or by a student organization, to provide guidance, support, and advice to a student organization relative to conducting the organization’s activities, programs, and meetings.

B. Hazing prohibited; education; resources. (1) Hazing in any form of any person attending an education institution is prohibited.

(2) Whoever violates the provisions of this Section shall be expelled, suspended, or dismissed from the education institution and not permitted to return for at least one semester, quarter, or comparable academic period. In addition, the person violating the provisions of this Section may also be subject to the provisions of R.S. 14:40.8 which provides penalties for certain hazing activities.

(3)(a) Beginning in the fall semester of 2027, and annually thereafter, each student shall be provided education information on the dangers of and prohibition on hazing either in-person or electronically.
(b) In addition to the requirement in Subparagraph (a) of this Paragraph, each
new student shall be provided educational information on the dangers of and
prohibition on hazing during the new student orientation process either in-person or
electronically.
(c) If a student is a minor, the information shall be provided to his parent or
legal guardian.

(4)(a) Each institution and organization shall make available and provide information about resources to a student who is an alleged victim of hazing, including information on how to access medical and reporting resources and counseling that the institution or community offers.
(b) Each institution shall incorporate the requirements of this Section into its hazing prevention policies as required by Subsection D of this Section.

C. Reporting; data publication. (1) If an organization has taken disciplinary action against one of its members, representatives, or officers for hazing or has reason to believe that any member of the organization has participated in an incident of hazing, the organization shall report the incident to law enforcement in accordance with R.S. 14:40.8 and the institution with which it is affiliated.
(2) If an organization or any of its members, representatives, or officers has been disciplined by a parent organization for hazing, the organization shall report the hazing for which the organization was disciplined to the institution with which it is affiliated.
(3) If an organization fails to report an incident of hazing as required by this Section, the institution shall impose a disciplinary action against the organization in accordance with institutional policies.
(4) When the institution receives a report of an alleged incident of hazing pursuant to the provisions of Paragraph (1) of this Subsection, the institution shall do both of the following:
(a) Report to law enforcement as required by R.S. 14:40.8. The information reported to law enforcement shall include all information and details received by the institution relative to the alleged incident, with no information being redacted, including the name of all individuals alleged to have committed the act or acts of hazing identified in the report.
(b) Document in writing all actions taken with regard to the report including but not limited to the date the report was received, reports made to law enforcement as provided in R.S. 14:40.8, and any other information relative to the institution’s investigation, processing, and resolution of the incident.

(5) The public postsecondary education management boards, in consultation with the Board of Regents, shall develop the following:
(a) A standardized form that organizations may use in making the reports required by Paragraph (1) of this Subsection.
(b) A standardized form that institutions may use to document such reports, reports made to law enforcement as provided in R.S. 14:40.8, and the manner in which each hazing incident is handled and resolved at the institution level. However, an institution may use third party reporting software in lieu of such form.
(6) Online publication. (a) Each institution shall maintain a publicly accessible website that discloses conduct findings and disciplinary sanctions imposed on organizations recognized or affiliated with the institution, provided that personally identifiable information of individuals shall be redacted pursuant to Subparagraph (e) of this Paragraph.
(b) At a minimum, for each organization that the institution found responsible for a policy or code violation, the website shall include the following:

(i) The name of the organization.
(ii) Each specific policy listed in the institutional student code of conduct
that the organization violated.
(iii) A brief description of the violation, presented in a manner that protects
individual privacy.
(iv) The date on or academic term in which the organization violated policy.
(v) The disciplinary sanctions the institution imposed on the organization.
(vi) The current disciplinary status of the organization.

(c) The institution shall update the information on the website required by this Section at least once per academic semester no later than April tenth and October tenth and additionally as new violations are adjudicated or sanctions are modified or imposed.
(d) Each institution shall determine a minimum period of time for which disciplinary records and status information shall remain publicly available. This period of time shall not be shorter than the duration of the sanction and any probationary period.
(e) Privacy Protections. The information that the institution posts on the publicly accessible website shall exclude the names and personally identifiable information of individual students and shall comply with all applicable state and federal privacy laws.
(f) Applicability. This Paragraph applies to all organizations as defined in this Section.
(g) The management boards shall send an annual systemwide summary report of the information contained in this Paragraph to the Board of Regents by January thirtieth.
(h) The Board of Regents shall submit a report of a summary of the information in Subparagraph (b) of this Paragraph to the House and Senate committees on education, the House Committee on the Administration of Criminal Justice, the House Committee on Civil Law and Procedure, and the House and Senate select committees on women and children by February twenty-eighth annually. The report shall also include any recommendations for legislation. The Board of Regents shall publish the report on its website.

D. Hazing prevention policy. (1) The Board of Regents, in consultation with each postsecondary management board, shall establish uniform policies and best practices to implement measures to address the reporting of hazing on institutional campuses and the prevention of hazing.
(2) Each postsecondary education management board shall institute policies incorporating the policies and best practices prescribed by the Board of Regents regarding the prevention of and reporting of hazing committed by or against students of an institution. The policies, at a minimum, shall provide for the following:
(a) Online reporting. Each institution shall provide an online reporting system permitting third-party reporting, allowing any individual to submit a confidential or anonymous report of a witnessed or known incident of hazing, regardless of whether the reporting individual is the person directly impacted.
(b) Immunities. A person acting in good faith who reports or assists in the investigation of a report of an incident of hazing, or who testifies or otherwise participates in a disciplinary process or judicial proceeding arising from such a report, shall not be subjected to any disciplinary action by the institution in which the person is enrolled or employed for any violation of the institution’s code of conduct that is reasonably related to the incident, provided that suspension or expulsion from the institution is not a possible punishment for the violation. This Subparagraph shall not apply to a person who perpetrates or assists in the perpetration of a reported hazing incident.
(c) False reporting. An individual who is determined by the institution’s disciplinary procedures to have knowingly, with the intent to harm or deceive, made a report that is knowingly false shall be sanctioned in accordance with the institution’s code of conduct or any other applicable institutional policies.
(d) Amnesty policy. The institution shall provide amnesty to any student who reports hazing to the institution in good faith. Such student shall not be sanctioned by the institution for a nonviolent student conduct violation, such as underage drinking, that is revealed in the course of such a report.
(e) Training. (i) Each organization shall do the following:

(aa) Annually complete at least two hours of hazing prevention education
training, in person, electronically, or both, that includes education relative to such
policies to all members and anyone who is employed by or volunteers at the
organization.
(bb) Submit a training completion report annually to the institution with
which it is affiliated identifying the students, employees, and volunteers who
received the education, evidenced by an attestation of such individuals receiving the
education.
(cc) The institution shall deactivate the organization’s operation on campus
if it fails to comply with the provisions of this Subsection.

(ii)(aa) Student organizational advisors. Each individual designated by an institution or organization to serve as an advisor shall annually complete, at a minimum, one hour of hazing prevention education training prior to serving as an advisor or in an advisory capacity.

(bb) The training specific to organizational advisors shall include, at a minimum, an overview of applicable hazing laws and institutional policies, reporting obligations, and advisor responsibilities related to the prevention of hazing.
(cc) Organizational advisors shall submit a training completion report to the institution evidenced by an attestation of such individuals receiving the education.
(iii) Hearing Panel. (aa) Each individual serving on an institutional hearing panel or disciplinary body responsible for adjudicating alleged hazing violations shall annually complete hazing prevention education training prior to service on the
panel.
(bb) The training shall be a minimum of one hour in duration and shall include instruction on hazing definitions and indicators, applicable laws and policies, trauma-informed practices, due process considerations, and sanctioning standards.
(cc) Hearing panelists shall submit a training completion report to the institution evidenced by an attestation of such individuals receiving the education.

(3) Each institution shall adopt a hazing prevention policy and the policy shall be published on the institution’s website.
(4) Each organization shall, as a condition of operating at an institution, adopt the hazing prevention policy that the institution has adopted pursuant to Paragraph (3) of this Subsection and shall provide a copy of the policy, either electronically or in writing, to each member and prospective member prior to initiation, acceptance, or participation in organizational activities.
E. Penalties for noncompliance. (1) The penalties for noncompliance with the provisions of this Section are as follows:
(a) Institutions. An institution’s failure to comply with the provisions of this Section shall result in a prohibition, for a period of two years following notice of such noncompliance, on the State Bond Commission authorizing the institution to incur any debt subject to the commission’s approval.
(b) Organizations. (i) If an organization is in violation of this Section, it shall be subject to disciplinary action by the institution, which may include suspension, expulsion, deactivation, loss of recognition, or other sanctions deemed appropriate.

(ii) If a violation by an organization of this Section results in the death of a person, the institution shall banish the organization and prohibit re-chartering, re- establishing, or operating under any name, alias, or affiliated organization.

Section 3. R.S. 17:1801.1 is hereby repealed in its entirety.