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Risk Management - Hazing & etc. This forum covers Risk Management topics such as: Hazing, Alcohol Abuse/Awareness, Date Rape Awareness, Eating Disorder Prevention, Liability, etc.

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  #1  
Old 09-01-2006, 03:56 PM
exlurker exlurker is offline
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California Hazing Bill Goes to Governor

An anti-hazing bill is being sent to the governor of California. If the governor signs it this ought to be of interest to fraternities and sororities with chapters in California, not to mention Greek life advisers, and attorneys for chapters and universities.

Brief article:

http://orovillemr.com/news/ci_4270105

The text of the bill (Senate bill 1454) and the legislative history (amendments, analysis, etc.) can be accessed through a portion of the California legislature’s web site:

http://info.sen.ca.gov/cgi-bin/pageq...ll+Information

(I leave any discussion of pros and cons about the bill to people with more legal knowledge than I have -- especially Californians, since it's a state bill.)
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  #2  
Old 09-01-2006, 04:28 PM
Tom Earp Tom Earp is offline
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I am sure this will be another far reaching bill that will enable States to dictate to Greek Organizations on how they may have to operate.

When of course many Law Suits include Officers, National HQ, and Advisors to be held Libel, who will want to be listed as members of House Corporations, Alum Associations, or Advisory Boards?

This was a rouge group that used Greek Letters and now, We all will suffer.

So, where was Chico State when all of this was going on? Hell, they were ingnoring the situation.

Look out Insurance Rates going up because of this!

Hopefully With Gov. Arnolds own law suit, he will think about it before He signs it!


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Last edited by Tom Earp; 09-01-2006 at 04:30 PM.
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  #3  
Old 09-01-2006, 11:00 PM
EE-BO EE-BO is offline
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Actually, I think this is a good bill. Here is where hazing is defined,

SB 1454- Section 4- (b),

"'Hazing' means any method of initiation or preinitiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause, serious bodily injury to any pupil or other person attending former, current, or prospective student of any school, community college, college, university, or other educational institution in this state." [emphasis added]

This is not restricting any reasonable activities required of associate members or pledges in their pre-initiation days. This addresses the serious stuff we should all be eradicating in Greek houses.

And it does not create any added legal liability for nationals or housing corporations as can be seen below from another portion of the bill,

SB 1454- Section 4- (d),(e),

" (d) Any person who personally engages in hazing that results in
death or serious bodily injury as defined in paragraph (4) of
subdivision (f) of Section 243 of the Penal Code, is guilty of either
a misdemeanor or a felony, and shall be punished by imprisonment in
county jail not exceeding one year, or by imprisonment in the state
prison.
(e) The person against whom the hazing is directed may commence a
civil action for injury or damages. The action may be brought against
any participants in the hazing, or any organization to which the
student is seeking membership whose agents, directors, trustees,
managers, or officers authorized, requested, commanded, participated
in, or ratified the hazing
." [emphasis added]

I don't know of any housing corp or HQ that authorizes, requests, commands, participates in or ratifies hazing as defined by this law.

Just my take. I think this is good legislation and solid organizations who make guys earn their letters in a responsible way have nothing to fear.
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Old 09-02-2006, 12:33 AM
Kevin Kevin is offline
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I'm not really sure what this law changes about anything?

What in the hell is conduct "which is likely to cause bodily injury"?

Does it have to be 51% likely? Such a strange standard. What are "reasonable" activities? Again, no standard.

As far as the civil liability, it was already there. This is a waste of paper.
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Old 09-02-2006, 01:59 AM
gphiangel624 gphiangel624 is offline
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The most important thing to note about this bill is that it makes hazing a violation of the Penal Code as opposed to the Education Code, and it prescribes misdemeanor and felony charges which the Education Code did not clearly define.

A court/jury would have to define whether something is likely to cause bodily injury. The whole law basically exists to make the penalties for hazing more harsh, hoping to deter it from happening.

I'm hoping this law goes into effect.

Quote:
Originally Posted by ktsnake
I'm not really sure what this law changes about anything?

What in the hell is conduct "which is likely to cause bodily injury"?

Does it have to be 51% likely? Such a strange standard. What are "reasonable" activities? Again, no standard.

As far as the civil liability, it was already there. This is a waste of paper.
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Old 09-02-2006, 08:29 AM
Kevin Kevin is offline
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I realize what it's doing, but the standard seems extremely vague. That may get in the way of anything this bill is attempting to eradicate.
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  #7  
Old 09-29-2006, 05:54 PM
exlurker exlurker is offline
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California Governor Signs Anti-Hazing Bill

News outlets in California are reporting that the governor has signed the anti-hazing legislation.

http://www.mercurynews.com/mld/mercu...s/15641794.htm

http://www.contracostatimes.com/mld/...s/15641794.htm

As I mentioned earlier, this should be of interest to inter/national (and local)GLOs with chapters in CA, to chapter advisors, to Greek Life staff, risk management chairs in CA, and so on.

Last edited by exlurker; 09-29-2006 at 06:52 PM.
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  #8  
Old 09-29-2006, 06:13 PM
shinerbock shinerbock is offline
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NOOOOOOOOOOOOO dammit arnold.
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  #9  
Old 09-29-2006, 06:18 PM
macallan25 macallan25 is offline
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Well shoot.......leave it to the Chi Taus to mess things up......wait, what is a Chi Tau?
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