Texas Hazing Law

Hazing is a criminal violation under Texas law. A person may be found guilty of criminal conduct for hazing, encouraging hazing, permitting hazing, or having knowledge of the planning of hazing incidents and failing to report in writing his/her knowledge to the Director of Student Rights and Responsibilities or campus police. Both failing to report hazing and hazing that does not result in serious bodily injury are Class B misdemeanors. Hazing that results in serious bodily injury is a Class A misdemeanor. Hazing resulting in a death is a state jail felony. An organization found guilty of hazing may be fined $5,000 to $10,000 or, for incidents causing personal injury or property damage, an amount double the loss or expenses incurred because of the hazing incident. It is not a defense to prosecution that the person hazed consented to the hazing activity. Any person reporting a specific hazing incident to the appropriate institutional official is immune from civil and criminal liability unless the report is in bad faith or malicious. This state law does not limit or affect an educational institution’s right to enforce its own penalties against hazing. The Education Code defines hazing as “any intentional, knowing, or reckless act occurring on or off the campus of an educational institution, by one person or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization.” The statute contains a list of conduct that constitutes hazing.

The following Hazing Law was passed by the Texas State Legislature relating to offenses related to hazing at or in connection with an educational institution.

1. "Educational institution" includes a public or private:
   1. High school; or
   2. College, university, or other postsecondary educational establishment.
2. "Pledge" means any person who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in any organization.
3. "Pledging" means any action or activity related to becoming a member of an organization.
4. "Student" means any person who:
   1. is registered in or in attendance at an educational institution;
   2. has been accepted for admission at the educational institution where the hazing incident occurs; or
   3. intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation.
5. "Organization: means a fraternity, sorority, association, corporation, order, society, corps, cooperative, club, or service, social, or a similar group, whose members are primarily students at an educational institution.
6. "Hazing" means any intentional knowing, or reckless act, occurring on or off the 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 for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at an educational institution. The term includes but is not limited to:
   1. any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;
   2. 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 or harm or that adversely affects the mental or physical health or safety of the student;
   3. any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk of harm or which adversely effects the mental or physical health or safety of the student;
   4. any activity that intimidates or threatens the student with ostracism that subjects the student to extreme mental stress, shame, or humiliation, or that adversely effects 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 or the institution rather than submit to acts described in this subsection;
   5. any activity that induces, causes, or requires the student to perform a duty or task which involves a violation of the Penal Code. Sec. 4.52.

 

1. A person commits an offense if the person:
   1. engages in hazing;
   2. solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing.
   3. intentionally, knowingly, or recklessly permits hazing to occur; or
   4. has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report said knowledge in writing to the Dean of Students or other appropriate officials of the instruction.
2. The offense of failing to report is a misdemeanor punishable by a fine not to exceed $1,000, confinement in county jail for not more than 180 days, or both such fine and confinement.
3. Any other offense under this section which does not cause serious bodily injury to another is a misdemeanor punishable by a fine of not less than $500 nor more than $1,000, confinement in county jail for not less than 90 days nor more than 180 days, or both such fine and confinement.
4. Any other offense under this section which causes serious bodily injury to another is a misdemeanor punishable by a fine of not less than $1,000 nor more than $5,000, confinement in county jail for not less than 180 days nor more than one year, or both such fine and confinement.
5. Any other offense under this section which causes the death of another is a misdemeanor punishable by a fine of not less than $5,000 nor more than $10,000, confinement in county jail for not less than one year nor more than two years, or both such fine and confinement.
6. Except when an offense causes the death of a student in sentencing a person convicted of an offense under this section, the court may require the person convicted of an offense under this section, the court may require the person to perform community service, subject to the same conditions imposed on community service probationers by Subdivision (1), Subsection (e), and subsections (c), (d), (g), (h) of section 10A. Article 42.12, Code of Criminal Procedure, for an appropriate period of time in lieu of confinement in county jail or in lieu or a part of the time the person is sentenced to confinement in county jail.

 

1. An organization commits an offense if the organization 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.
2. An offense under this section is a misdemeanor punishable by a fine of not less than $5,000 nor more than $10,000, or if a court finds that the offense caused personal injury, property damage, or other loss. The court may sentence the organization to pay a fine of not less than $5,000 nor more than double the amount loss or expenses incurred because of such injury, damage, or loss.

 

It is not a defense to prosecution for the offense under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.

 

In the prosecution of an offense under this subchapter, the court may grant immunity from prosecution for the offense to each person who is subpoenaed to testify for the prosecution and does testify for the prosecution. Any person reporting a specific hazing incident involving a student in an educational instruction to the Dean of Students or other appropriate official of the institution to the Dean of Students or other appropriate official of the institution is immune from liability, civil, or criminal, that might otherwise by incurred or imposed as a result of the report. Immunity extends to participation in any judicial proceeding resulting from the report. A person reporting in bad faith or with malice is not protected by this section.

 

This subchapter does not affect or repeal any peal law of this state. Nothing in this subchapter shall limit or affect the right of an educational institution to enforce its own penalties against hazing.

 

Treatment of a student who may have been subjected to hazing activities may be reported to police or other law enforcement officials. The doctor or medical practitioner so reporting shall be immune from civil suit 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.

 

1. Each postsecondary educational institution shall cause to be published or distributed to each student during the first three weeks of each semester a summary of the provisions of this subchapter.
2. The institution shall publish or distribute in the same manner a list of organizations that have been disciplined for hazing or convicted for hazing on or off the campus of the institution during the previous three years.
3. If the institution publishes a general catalog, student handbook, or similar publication, it shall publish a summary of the provisions of this subchapter in each edition of that catalog, handbook, or similar publication.

 

Education Code is repealed

 

If any provision of this Act or its application to any person, entity, or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.