Increases penalties for hazing and prohibits bullying and cyber-bullying

Section 2 increases the severity of the crime of hazing in the second degree, which currently applies when a person creates a substantial risk of physical injury to also include "causing" such physical injury and increases the penalty from a violation to a class E felony.

Section 3 creates the crime of hazing in the third degree, a class A misdemeanor when a person creates a substantial risk of physical injury. This section also creates the crime of failure report hazing, a class B misdemeanor, when a person fails to report a hazing crime.

Section 4 describe the legislative intend of this bill, and the "Schools as Safe Harbors Act."

Section 5 of this bill requires that methods of discouraging acts of bullying shall be added to the course of instruction in civility, citizenship and character education.

Section 6 prohibits bullying and cyber-bullying on schools property including school events.

Section 7 of this bill encourages any school employees that may have knowledge of bully or cyber-bullying occurring to inform the principal or other designated school official.

Section 8 defines and prohibits bullying and cyber-bullying on public school property as well as provide that disciplinary action shall be in accordance with each district's code of conduct.

Section 9 of this bill provides indemnification to school employees reporting instances of bullying or cyber-bullying.

Section 10 of this bill adds a new section 240.33 to the Penal Law to establish the crime of aggravated harassment of teachers and school personnel.

Section 11 of this legislation establishes that there shall be a single statewide hotline that all persons may use to make telephone calls alleging instances of bullying and hazing. This hotline will be administered by the Commissioner of Education who will then report calls to the appropriate authorities.

Section 12 authorizes this act to take effect on November 1st after enactment.

Justification

In recent years, school districts and the New York State Legislature have increased the safety of our school communities through the enactment of codes of conduct and increased penalties for acts of violence committed on school property. However, often overlooked in such provisions, have been steps to reduce or eliminate acts of bullying, cyberbullying, and hazing on school property, an often subtle but still distracting and potentially terrifying form of mistreatment. Bullying, cyber-bullying, and hazing have been shown to impede on the education, social development and self-esteem of young people. Thus, to address this oversight (and following action that has been taken in at least three other states--Vermont, Georgia and New Hampshire), this bill is put forward to provide for the prohibition of bullying, cyberbullying and hazing on public school property.

Toll-free hotlines, including those run by the New York State Department of Health and the New York State Department of Social Services, have been effective in such areas as managing healthcare complaints and the reporting. of child abuse and neglect. Thus, to allow individuals to anonymously report suspected bullying, cyber-bullying, and hazing in schools this bill will create a New York State Hotline for Bullying and Hazing.

Prior legislative history

2007-08, A.2795 - Held in Codes 2005-06, A.9406 - Held in Codes

Fiscal implications for state and local governments

Undetermined.

Effective date

Effective November 1st after enactment.