Georgia Anti-Hazing Law

The Max Gruver Act

§ 16-5-61. Hazing

(a) As used in this Code section, the term:

(1) “Haze” or “hazing” means to subject a student to an activity which endangers or is likely to endanger the physical health of a student or coerces the student through the use of social or physical pressure to consume any food, liquid, alcohol, drug, or other substance which subjects the student to a likely risk of vomiting, intoxication, or unconsciousness regardless of a student’s willingness to participate in such activity.

(2) “School” means any unit of the University System of Georgia, any unit of the Technical College System of Georgia, or any private postsecondary school, college, or university in this state.

(3) “School organization” means any association, corporation, order, club, society, fraternity, sorority, athletic team, or a group living together which has students or alumni as its principal members, including local affiliate organizations.

(4) “Student” means any person enrolled or prospectively enrolled in a school in this state.

(b) It shall be unlawful for any person to haze any student in connection with or as a condition or precondition of gaining acceptance, membership, office, or other status in a school organization.

(c) Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

§ 20-1-30. Establishment of school policies on hazing; public disclosure of incidents; confidentiality of student information

(a) As used in this Code section, the term:

(1) “Hazing” shall have the same meaning as provided for under Code Section 16-5-61.
(2) “School” shall have the same meaning as provided for under Code Section 16-5-61.
(3) “School organization” shall have the same meaning as provided for under Code Section 16-5-61.
(4) “Student” shall have the same meaning as provided for under Code Section 16-5-61.

(b) Not later than July 1, 2021, each school shall establish policies to facilitate the:
(1) Reporting, investigation, provision of due process, and administrative adjudication of alleged incidents of hazing as related to students and student organizations; and
(2) Public disclosure of administrative adjudications of hazing or hazing-related convictions within 15 calendar days of final adjudication or public notice of criminal conviction.

(c) The public disclosure of each incident of hazing adjudicated pursuant to subsection (b) of this Code section, criminal convictions for hazing pursuant to Code Section 16-5-61, and other criminal convictions arising from any incident of hazing shall require the following minimum information be posted prominently on the school’s website for a period of not less than five years after final adjudication or conviction:
(1) The name of any school organization involved;
(2) The date or dates on which the hazing occurred; and
(3) A description of the specific hazing-related findings, sanctions, adjudications, and convictions for any person or school organization.(d) Public disclosure provided pursuant to subsection (c) of this Code section shall not include the personal identifying information of any individual student and shall be subject to the requirements of the Family Education Rights and Privacy Act (FERPA), 20 USC 1232g.

Code 1981, § 20-1-30, enacted by Ga. L. 2021, p. 206, § 3/SB 85.

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