Bill Text: NH HB1657 | 2024 | Regular Session | Introduced
Bill Title: Relative to prohibiting hazing at educational institutions.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-02-08 - Refer for Interim Study: Motion Adopted Voice Vote 02/08/2024 House Journal 4 P. 8 [HB1657 Detail]
Download: New_Hampshire-2024-HB1657-Introduced.html
HB 1657-FN - AS INTRODUCED
2024 SESSION
24-2626
09/05
HOUSE BILL 1657-FN
AN ACT relative to prohibiting hazing at educational institutions.
SPONSORS: Rep. Kenney, Straf. 10; Rep. Selig, Straf. 10; Rep. Horrigan, Straf. 10; Rep. Toll, Ches. 15; Rep. H. Howard, Straf. 4; Rep. Read, Rock. 10; Rep. Grassie, Straf. 8
COMMITTEE: Education
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ANALYSIS
This bill establishes reporting and education requirements and criminal penalties for hazing violations. This bill also establishes an anti-hazing fund.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2626
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to prohibiting hazing at educational institutions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Hazing. Amend RSA by inserting after chapter 187-B the following new chapter:
CHAPTER 187-C
HAZING
187-C:1 Definitions. In this chapter:
I. "Alcoholic liquid" means any substance containing liquor, spirit, wine, beer, malt, or brewed beverage, or any combination thereof.
II. "Educational institution" means any secondary or post-secondary educational institution as defined in this section, including any degree-granting institution authorized to operate in this state.
III. "Hazing" means any intentional, knowing, or reckless act committed by a person, whether individually or in concert with other persons, against a minor or student of an educational institution, whether or not committed on the education institution's campus or property, for the purpose of recruiting, joining, pledging, initiating, admitting, affiliating with, or for the purpose of continuing or enhancing status in an organization which causes, coerces, or forces a minor or student to do any of the following:
(a) Violate federal or state law;
(b) Consume any food, liquid, alcoholic liquid, drug, or other substance in any non-customary manner which subjects the minor or student to a substantial risk of emotional or physical harm, including sickness, vomiting, intoxication, or unconsciousness;
(c) Endure brutality of a physical nature, including whipping, beating, paddling, branding, dangerous physical activity, or exposure to the elements, or to endure threats of such conduct, that results in medically verifiable mental or physical harm;
(d) Endure brutality of a mental nature, including activity adversely affecting the mental health or dignity of the individual, sleep deprivation, exclusion from social contact, conduct that could result in extreme embarrassment or to endure threats of such conduct that results in medically verifiable mental or physical harm; or
(e) Endure any other activity which adversely affects the health and safety of the individual.
IV. "Local organization" means an organization that is not chartered nor recognized by a national organization.
V. "Local affiliate organization" means an organization that is chartered or recognized by a national organization and may include students or non-students.
VI. "Minor" means an individual under 18 years of age.
VII. "National organization" means an organization, as defined in this section, that is separate from a local affiliate organization and may charter or recognize local affiliate organizations at multiple educational institutions.
VIII. "Organization" means a club, association, corporation, order, society, corps, private club, fraternity, sorority, varsity or club athletic team, or a social, service, or similar group, whose members are primarily students or alumni of one or more educational institutions.
IX. "Post-secondary educational institution" means any public or private institution within the state authorized to grant an associate degree or a higher academic degree.
X. "Secondary educational institution" means any public or private school within the state, providing instruction in grades 9 through 12 or any combination of those grades.
XI. "Serious bodily injury" means any harm to the body which causes severe, permanent, or protracted loss of or impairment to the health or of the function of any part of the body.
XII. "Student" means any person who is registered in or in attendance at an educational institution or who has been accepted for admission at the educational institution at which the hazing occurs.
187-C:2 Penalties for Hazing. Any person, organization, local organization, local affiliate organization, national organization, or post-secondary institution that knowingly participates in hazing may be subject to the criminal penalties set forth in RSA 631:7.
187-C:3 Requirements for Educational Institutions After Allegation of Hazing.
I. Upon learning of any allegation of an act of hazing that is not covered by RSA 631:7, XI, an educational institution shall use its standard campus disciplinary process to investigate individual students alleged to be involved in the hazing.
II. Each educational institution is required to report to local authorities within 72 hours any hazing allegation that involved a significant risk of serious bodily injury or serious bodily injury.
187-C:4 Educational Programs at Educational Institutions.
I. The department of education shall develop a statewide educational plan for preventing hazing at educational institutions.
(a) Secondary and post-secondary institutions shall provide students with an educational program on hazing, which shall include information on hazing awareness, prevention, intervention, and the institution's policies on hazing.
(b) The educational program may be conducted in-person or online. Secondary and post-secondary institutions shall be responsible for verifying attendance at the educational program.
II. Beginning with the 2025-2026 academic year, students at educational institutions shall participate in the educational program within 30 days of enrollment. Any student who does not complete the educational program within 30 days of enrollment shall not participate in any educational institution or organization sponsored activities or events until the program is completed.
III. Beginning with the 2025-2026 academic year, secondary and post-secondary educational institutions shall provide all staff and volunteers that advise or coach student organizations with a mandatory educational program on hazing, which shall include information on hazing awareness, hazing prevention, and the institution's policies on hazing.
IV. Beginning with the 2025-2026 academic year, national organizations shall provide separate and supplemental anti-hazing education for any local affiliate organization operating within the state.
187-C:5 Institutional Reports of Certain Violations.
I. Beginning with the 2025-2026 academic year, each educational institution shall maintain and publicly report annual findings of violations by any student organization of the educational institution's code of conduct or federal or state laws relating to hazing that were reported to campus authorities, local law enforcement, national organizations, or any organization formally affiliated with the educational institution.
II. The required report shall include:
(a) The name of the organization;
(b) When the organization was charged with misconduct;
(c) The dates on which the citation was issued or the event occurred;
(d) The date the investigation was initiated;
(e) A general description of the incident, the charges, the findings, and the sanctions placed on the organization; and
(f) The date on which the investigation ended with a finding that a violation occurred.
III. Investigations that do not result in a formal finding of a violation of the student code of conduct shall not be included in the report.
IV. The report shall not include any personally identifying information of any individual student, and the report shall be subject to the requirements of the Family Educational Rights and Privacy Act, 20 U.S.C. section 1232g.
V. Each educational institution shall update this report at least 10 calendar days before the start of the fall and spring academic semesters.
VI. Each educational institution must make reports required under this section available on its internet website in a prominent location. The website that contains the report shall include a statement notifying the public:
(a) Of the availability of additional information related to findings, sanctions, and organizational sanction compliance;
(b) Where a member of the public may obtain the additional information that is not protected under the Family Educational Rights and Privacy Act, 20 U.S.C. section 1232g; and
(c) That the educational institution is required to provide this information pursuant to RSA 91-A, where applicable.
VII. Each educational institution shall furnish a printed notice of the nature and the availability of the report and the website address where it can be found to attendees at student orientation.
VIII. Each educational institution shall preserve and maintain each version of an updated report for a period of 5 years.
187-C:6 Anti-Hazing Fund Established.
I. There is hereby established in the state treasury a separate fund to be known as the "anti-hazing fund". The fund shall be nonlapsing and continually appropriated to the department of education. The department of education shall deposit into the fund all moneys received pursuant to RSA 631:7 and any other moneys appropriated by law for deposit into the fund.
II. The department of education shall allocate moneys available in the anti-hazing fund for the purpose of making grants to secondary and post-secondary educational institutions for the establishment and administration of hazing education programs as required by RSA 187-C:4.
2 New Subparagraph; Application of Receipts; Anti-Hazing Fund. Amend RSA 6:12, I(b) by inserting after subparagraph 394 the following new subparagraph:
(395) Moneys deposited into the anti-hazing fund as established in RSA 187-C:6.
3 Assault and Related Offenses; Hazing. RSA 631:7 is repealed and reenacted to read as follows:
631:7 Hazing.
I. In this section:
(a) "Alcoholic liquid" means any substance containing liquor, spirit, wine, beer, malt, or brewed beverage, or any combination thereof.
(b) "Educational institution" means any secondary or post-secondary educational institution as defined in this section, including any degree-granting institution authorized to operate in this state.
(c) "Hazing" means any intentional, knowing, or reckless act committed by a person, whether individually or in concert with other persons, against a minor or student of an educational institution, whether or not committed on the education institution's campus or property, for the purpose of recruiting, joining, pledging, initiating, admitting, affiliating with, or for the purpose of continuing or enhancing status in an organization which causes, coerces, or forces a minor or student to do any of the following:
(1) Violate federal or state law;
(2) Consume any food, liquid, alcoholic liquid, drug, or other substance in any non-customary manner which subjects the minor or student to a substantial risk of emotional or physical harm, including sickness, vomiting, intoxication, or unconsciousness;
(3) Endure brutality of a physical nature, including whipping, beating, paddling, branding, dangerous physical activity, or exposure to the elements, or to endure threats of such conduct, that results in medically verifiable mental or physical harm;
(4) Endure brutality of a mental nature, including activity adversely affecting the mental health or dignity of the individual, sleep deprivation, exclusion from social contact, conduct that could result in extreme embarrassment or to endure threats of such conduct that results in medically verifiable mental or physical harm; or
(5) Endure any other activity which adversely affects the health and safety of the individual.
(d) "Local organization" means an organization that is not chartered nor recognized by a national organization.
(e) "Local affiliate organization" means an organization that is chartered or recognized by a national organization and may include students or non-students.
(f) "Minor" means an individual under 18 years of age.
(g) "National organization" means an organization, as defined in this section, that is separate from a local affiliate organization and may charter or recognize local affiliate organizations at multiple educational institutions.
(h) "Organization" means a club, association, corporation, order, society, corps, private club, fraternity, sorority, varsity or club athletic team, or a social, service, or similar group, whose members are primarily students or alumni of one or more educational institutions.
(i) "Post-secondary educational institution" means any public or private institution within the state authorized to grant an associate degree or a higher academic degree.
(j) "Secondary educational institution" means any public or private school within the state, providing instruction in grades 9 through 12 or any combination of those grades.
(k) "Serious bodily injury" means:
(1) As it is defined in RSA 625:11, VI; or
(2) Incapacitation caused by the consumption of an alcoholic liquid that results in the victim requiring emergency medical attention; or
(3) Incapacitation caused by the consumption of an alcoholic liquid that results in the victim having an alcohol concentration, as defined in RSA 259:3-b, of 0.25 or greater.
(l) "Student" means any person who is registered in or in attendance at an educational institution or who has been accepted for admission at the educational institution at which the hazing occurs.
II. A person is guilty of hazing if the person knowingly participates in hazing.
III. A person is guilty of aggravated hazing if the person knowingly participates in hazing and serious bodily injury or death results.
IV. A local organization or local affiliate organization is guilty of hazing if the elected leadership of the local organization or local affiliate organization had any specific knowledge that its members were participating, aiding, or assisting in any act of hazing, and knowingly did not attempt to intervene to stop the hazing or to report it to the local law enforcement.
V. A national organization is guilty of a hazing if an employee of the national organization or a member of the national organization's governing board of directors knowingly directs, supervises, or participates in any act of hazing.
VI. A post-secondary educational institution is guilty of hazing if an employee of the post-secondary educational institution or a member of the educational institution's board of trustees knowingly directs, supervises, or participates in any act of hazing.
VII. Aggravated hazing is a class B felony. All other hazing is a misdemeanor.
VIII. Any person who actively directs or engages in an act of hazing which results in injury to another person shall, to the extent a reasonable person under the same circumstances would do so, give reasonable assistance to the injured person, including seeking medical assistance or notifying a local emergency medical service provider. Any person who knowingly fails to do so shall be guilty of a class B felony if no serious bodily injury or death results, and a class A felony if serious bodily injury or death results as a proximate result of the failure to timely provide reasonable assistance.
IX. The implied or expressed consent of the person against whom the hazing was directed shall not be a defense to any prosecution under this section.
X. The approval or sanction of the hazing by any educational institution or organization shall not be a defense to any prosecution brought under this section.
XI. A student, organization, local organization, local affiliate organization, or national organization who in good faith reports an allegation of hazing to local law enforcement or the educational institution in advance of the hazing, and who takes reasonable steps to prevent future hazing, shall not be subject to any civil or criminal liability arising from the reported hazing.
XII. No person shall be prosecuted for a violation of RSA 179:10, 265-A:45, or 644:18 if the evidence for such a prosecution is discovered as a proximate result of a timely and good faith request for medical assistance for a condition related to alcohol consumption for either that person or another person, provided that the person reasonably and to the extent physically capable cooperates with law enforcement officers and emergency medical personnel. This paragraph shall not apply to any individual or organization that does not participate in the timely and good faith request for medical assistance.
I. Section 3 of this act shall take effect January 1, 2025.
II. The remainder of this act shall take effect 60 days after its passage.
24-2626
12/10/23
HB 1657-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to prohibiting hazing at educational institutions.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||||
Revenue | $0 | Indeterminable | ||||||
Revenue Fund | Anti-Hazing Fund, USNH Operating Revenues, CCSNH Operating Revenues | |||||||
Expenditures | $0 | Anti-Hazing Fund - Indeterminable DOE Costs - Indeterminable USNH Operating Costs - $110K - $150K Annually CCSNH Operating Costs - $112.7K - $222.7K Annually Criminal Justice Related Costs - Indeterminable | ||||||
Funding Source | General Fund, Anti-Hazing Fund, USNH Operating Expenses, CCSNH Operating Expenses | |||||||
Appropriations | $0 | Indeterminable (Continually Appropriated) | ||||||
Funding Source | Anti-Hazing Fund | |||||||
| ||||||||
| ||||||||
Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||||
County Revenue | $0 | $0 | $0 | $0 | ||||
County Expenditures | Indeterminable | |||||||
Local Revenue | $0 | $0 | $0 | $0 | ||||
Local Expenditures | Criminal Justice and Local School District Costs - Indeterminable | |||||||
METHODOLOGY:
The Department of Education states this bill would task secondary and post-secondary institutions with various activities and reporting requirements related to bullying and hazing. The bill would further require the Department to grant money from the newly created fund ("anti-hazing fund") to secondary and postsecondary schools for various anti-bullying and anti-hazing activities and administration. The fund would receive any revenue resulting from criminal proceedings under RSA 631:7, as amended by the bill. The Department states the impact to the State and local school districts is indeterminable as it is unknown now how many incidents occur or how many staff, volunteers and students would require training mandated by the legislation.
The University System of New Hampshire (USNH) states the operating expense required to support the administration of stipulated activities is estimated to increase between $55,000-75,000 systemwide annually. USNH states that currently most undergraduate students are encouraged to participate in online training that includes hazing awareness and prevention; however, completion rates vary and predominantly involve first-year students. Additional administrative staff and/or student workers would be needed to administer and enforce student participation and to implement and maintain required reporting, estimated to cost $40,000-$60,000 annually systemwide, with annual increase depending on salary and benefit cost adjustments. Online training module licensing for staff advisors and volunteers is estimated to cost $15,000 annually. USNH states that the punitive action stipulated to induce student participation in educational hazing programs on an annual basis could decrease student satisfaction and enrollment persistence and thus decrease operating revenues, but the range of any such adverse revenue impact is not able to be estimated. In total, USNH states this bill would increase systemwide costs by between $110,000 and $150,000 annually and may decrease operating revenues may by an indeterminable amount.
The Community College System of New Hampshire (CCSNH) estimates the cost of acquiring and/or creating a training program on hazing, estimated at $14,000 annually, escalating in subsequent years. In addition, CCSNH states compliance related costs would include:
- Ensuring timely reporting of hazing incidents to law enforcement and monitoring disciplinary proceedings/outcomes to enable compliance with reporting requirements in the bill.
- Costs to maintain and update the report required under this chapter and ensure compliance with FERPA and any other pertinent policies or rules; ensure timely posting on institutional websites and dissemination of printed material; and ensure dissemination of printed information at student orientations sessions (which are held at multiple times for multiple cohorts of students across seven campuses prior to a semester, not just once to all incoming students).
- Tracking student completion of training on hazing awareness, prevention, intervention, and institutional policies; and developing a means of identifying, notifying, and preventing students from participating in activities until they complete said training.
- Tracking staff and volunteer completion of training.
CCSNH states that given the volume of work under this requirement for seven community colleges, they anticipate hiring one new central compliance position with salary and benefits for this position estimated at $98,700-108,700 annually, escalating annually depending on salary adjustments and cost of benefit adjustments. CCSNH states that potential costs associated with criminal defense of the institution in the event an employee or trustee’s action results in a charge of aggravated hazing is indeterminable but estimate any such costs between $0 to $100,000 annually. In total, CCSNH states this bill would increase systemwide costs by between $112,700 and $222,700 annually.
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Department of Education, University System of New Hampshire, Community College System of New Hampshire, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
