Provides increased penalties and education for hazing, underage drinking and drug use within athletic teams, fraternities and sororities at college campuses

Summary of provisions

Section 1 of this bill amends section 6430 of the education law amends subdivision I and adds a new subdivision 7 expanding rules regarding the prohibition against hazing to include any individual and to define "campus organizations or university group" or for purposes of this article.

Section 2 of this bill amends section 6431 of the Education Law to include hazing, underage drinking and illegal drug use within the education requirements, and related subdivisions, provided for bias related crime and sexual assault on campus.

Section 3 of this bill amends the Education Law and adds two new sections 6439 and 6440, which deal with hazing, and alcohol abuse and illegal drug use. It requires dissemination of information regarding these issues as well as training requirements for appropriate campus staff and other college rules relating thereto. New York State colleges and universities are directed to establish additional policy requirements regarding hazing, underage drinking and drug use on campus and within school clubs, sports teams and social organizations.

Section 4 sets forth the effective date of this legislation.

Section 6440 requires the dissemination of information regarding alcohol and drug abuse. It requires the establishment of policies for training of resident life staff and development of procedures for students who willfully fail to report abuse.

Justification

New York State currently has many laws in place to prohibit underage drinking, drug use, and hazing. Under sections 120.16 and 120.17 of the Penal Law, hazing is an illegal activity which currently carries a penalty of up to one year in prison and/or a fine of up to $1000. Additionally, section 6430 of the Education Law mandates that colleges and universities establish and implement their own policies and procedures to deal with hazing. Through a variety of other laws including the Penal Law, the New York General Obligations Law and the New York Alcohol and Beverage Control Law, underage drinking, serving alcohol to minors and possession/sale/use of certain drugs are all illegal activities.

Despite such laws, underage drinking, hazing and illegal drug possession/sale/use are three of the most prominent problems plaguing New York State campuses today. In spite of good faith efforts on the part of institutions of higher education to implement policies and

procedures to combat these issues, the problems continue and show no signs of decreasing. As a result, parents, administrators and trustees have become increasingly concerned about the safety of their children and students on campus.

Such concerns are justified as all too often we are faced with the untimely death or serious injury of our State's young students. Most recently, we suffered the loss of Walter Dean Jennings, a Plattsburgh State student who died while pledging a fraternity last March. Under this legislation, those who engage in the dangerous activities of hazing and underage drinking would face more serious consequences and disciplinary charges through the college.

Whether it be from dangerous hazing incidents, alcohol poisoning or drug overdoses, something must be done to combat the problems causing tragic deaths and injuries on New York State campuses. If implemented, this legislation will bring necessary changes to help ensure safety on campus and to help deter such harmful behavior in the future.

Legislative history

2011-12 S.1937; 2009-10 S.2527; 2003-04, S.6353-A; 2005-2006, S.1721-B; 2007-08, S.2600.

Fiscal implications

None.

Effective date

This act shall take effect on the first of July next succeeding the date on which it shall have become law.