Kentucky Anti-Hazing Law
Lofton’s Law
SECTION 1. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO
READ AS FOLLOWS:
As used in Sections 1 to 4 of this Act, unless the context requires otherwise:
(1) “Hazing” means a direct action which substantially endangers the physical health of a minor or student for the purpose of recruitment, initiation into, affiliation with, or enhancing or maintaining membership or status within any organization, including but not limited to actions which coerce or force a minor or a student to:
(a) Violate federal or state criminal law;
(b) Consume any food, liquid, alcoholic liquid, drug, tobacco product, or other controlled substance which subjects the minor or student to a risk of serious physical injury;
(c) Endure brutality of a physical nature, including whipping, beating or paddling, branding, or exposure to the elements;
(d) Endure brutality of a sexual nature; or
(e) Endure any other activity that creates a reasonable likelihood of serious physical injury to the minor or student;
(2) “Organization”:
(a) Means a number of persons who are associated with a school or
postsecondary education institution and each other, including a student
organization, fraternity, sorority, association, corporation, order, society,
corps, club, or similar group; and
(b) Includes any student organization registered pursuant to the policies of the school or postsecondary education institution at any time during the previous five (5) years; and
(3) “Student” means an individual enrolled in a public or private school or
postsecondary program of study.
SECTION 2. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO
READ AS FOLLOWS:
(1) A person is guilty of hazing in the first degree when he or she intentionally or wantonly engages in an act of hazing that results in serious physical injury or death to a minor or student.
(2) It shall be a defense under this section that the act was part of reasonable and customary:
(a) Interscholastic or intercollegiate athletic practices, competitions, or events;
(b) Law enforcement training; or
(c) Military training.
(3) Hazing in the first degree is a Class D felony. Any sentence imposed on a
14 defendant under this section shall run concurrently with any sentence imposed under KRS 508.060 or 508.070 arising from the same act or occurrence.
SECTION 3. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO
READ AS FOLLOWS:
(1) A person is guilty of hazing in the second degree when he or she recklessly engages in an act of hazing.
(2) It shall be a defense under this section that the act was part of reasonable and customary:
(a) Interscholastic or intercollegiate athletic practices, competitions, or events;
(b) Law enforcement training; or
(c) Military training.
(3) Hazing in the second degree is a Class A misdemeanor. Any sentence imposed on a defendant under this section shall run concurrently with any sentence imposed under KRS 508.060 or 508.070 arising from the same act or occurrence.
SECTION 4. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO
READ AS FOLLOWS:
Nothing in Sections 1 to 4 of this Act shall be construed to create or imply a new cause of action against any educational institution.
Section 5. This Act may be cited as Lofton’s Law.
(1) The boards of trustees of the University of Kentucky and the University of Louisville and the boards of regents of those state colleges set out in KRS 164.290 shall, within ninety (90) days of July 15, 1986, adopt statements of campus policy which prohibit any action or situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization. Such policy statements shall govern the conduct of students, faculty and other staff as well as visitors and other licensees and invitees on such campuses and property. The penalties for violations of such policy statements shall be clearly set forth therein and shall include provisions for the ejection of a violator from such campus and property, in the case of a student or faculty violator his suspension, expulsion or other appropriate disciplinary action and, in the case of an organization which authorizes such conduct, rescission of permission for that organization to operate on campus property. Such penalties shall be in addition to any penalty pursuant to the penal law or any other chapter to which a violator or organization may be subject. A copy of such policy statements which prohibit reckless or intentional endangerment to health or forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization shall be given to all students enrolled in said college and shall be deemed to be part of the bylaws of all organizations operating on said campus.
(2) Nothing contained in this section is intended nor shall it be construed to limit or restrict the freedom of speech nor peaceful assembly.