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Act 175 of the
General Assembly makes hazing a criminal offense within the
Commonwealth of Pennsylvania. "Hazing" is defined in the law as:
Any action or situation which recklessly or intentionally
endangers the mental or physical health or safety of a student
for the purpose of initiation or admission into or affiliation
with any organization operating under the sanction of an
institution of higher education. The term shall include, but not
be limited to, any brutality of a physical nature, such as
whipping, beating, branding, forced calisthenics, exposure to
the elements, forced consumption of any food, liquor, drug or
other substance, or any other forced physical activity which
could adversely affect the physical health and safety of the
individual, and shall include any activity which would subject
the individual to extreme mental stress, such as sleep
deprivation, forced exclusion from social contact, forced
conduct which could result in extreme embarrassment, or any
other forced activity which could adversely affect the mental
health or dignity of the individual. For purposes of this
definition, any activity as described in this definition upon
which the initiation or admission into or affiliation with an
organization is directly or indirectly conditioned shall be
presumed to be "forced" activity, the willingness of an
individual to participate in such activity notwithstanding.
Hazing is deemed
criminal misconduct and is made a third degree misdemeanor,
punishable by a year's imprisonment. 24 P.S. 5353 (Purdon's Leg.
Service); 18 P.S. 1101. Colleges and universities are expressly
authorized to suspend, expel, or fine students who engage in
hazing, and to withhold grades and diplomas to compel payment of
fines. 24 P.S. 5354(3) (Purdon's Leg. Service).
The object of
the law is to ensure that no student at a Pennsylvania college
or university, public or private, is subjected to physical or
mental harm as a condition of joining, affiliating, or holding
membership in fraternities, sororities,
or other officially recognized student organization. An
organization and its members are engaged in hazing if it engages
in any activity, for purpose of initiation or continuing
membership, which recklessly or intentionally endangers the
physical or mental health of a student. This means any
potentially dangerous forced physical activity; any activity
which could cause a student to suffer extreme mental stress, as
well as any other form of forced activity potentially harmful to
the mental health or dignity of a student. Hazing activities
include, but are not limited to, the following: whipping,
beating, branding, forced calisthenics, exposure to the
elements; forced consumption of any food; liquor, drugs (legal
or illegal), or other substance; sleep deprivation, forced
exclusion from social contact; conduct which could result in
extreme embarrassment; and/or nudity, coerced sexual activity,
confinement, physical restraints, or mental harassment. An
organization and its student members are also engaged in hazing
if pledge, initiation, or continuing membership activities cause
the willful destruction or removal of public or private
property.
Act 175 provides
that no student can consent to being hazed. Any activity falling
within the definition of hazing activities is considered to be a
forced activity, subjecting the organization and its members to
the full range of penalties. In compliance with Act 175 and in
accordance with long-standing policy, Lock Haven University has
the following regulation: All activities of student groups and
organizations, including pledging and initiations, shall be
conducted in such a way as not to embarrass or injure
participants or in any way adversely reflect upon Lock Haven
University. Hazing and one-way initiation rides are prohibited.
Conducting pledging activities at strip mine sites are
prohibited.
In general, the
following acts would constitute violations of the university
regulation on hazing:
- Conducting
activities which are abusive and/or humiliating to
participants.
- Coercing
participation in disagreeable, objectionable, and/or
embarrassing activities, and
- Engaging
in activities defined by law as hazing.
Several factors
need to be understood relative to violations of the university
regulation. Firstly, the test for determining if an activity was
abusive or humiliating does not rest solely on the reactions of
the participants. If it is evident that such was the intent of
the activity or the result of the activity, it would be hazing
whether or not the participants believed the activity was
hazing. Secondly, if continuation of pledging, initiation, or
membership was contingent upon participation in an activity,
that participation in effect coerced. Should the activity be
disagreeable, objectionable, or embarrassing to a participant,
it would be hazing. Thirdly, the consent of the participant has
no effect upon the determination of the activity being
recognized as hazing.
Additional
guidelines for determining the hazing potential of an activity
are:
·
The activity is liable to be harmful because it
involves improper or
wrongful use of something.
·
The activity is liable to result in injury because
the intent is to create an
element of danger or fear.
·
The activity involves deliberate maltreatment of
participants.
·
The activity is liable to be harmful due to
negligence or lack of
knowledge on the part of those conducting it.
·
The activity would be degrading of participants
because it would subject
them to public shame, scorn, or ill-repute.
·
The activity involves something which the
participants would not freely
do because of its offensiveness or unpleasant elements.
It should be
remembered that university regulations are also violated by:
·
Activities which are dangerous, either by their
nature or the conditions
under which they are conducted, and
·
Activities in which the possibility of injury to
participants is evident.
Any
organization found to have engaged in hazing may have its
official recognition permanently revoked. Any student who
participates in hazing may be fined, suspended, or expelled from
the university. Hazing is also a criminal
offense. Any student who participates in hazing may be arrested
and prosecuted. Conviction may result in a jail term of one year
in addition of any other applicable penalty under the
Pennsylvania Crimes Code.
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