FL close to passing "toughest" hazing law

[hoosier]

(I believe this is overkill. Putting a felony conviction and five years as punishment will lead the judges and prosecutors to reduce the charges to something decent. Sure, if a pledge dies there should be punishment, but it's an unusual case where one person can be found personally responsible - it's usually a group of hazers.)



Florida Considering Nation's Toughest Hazing Law
04.29.2005 5:34 PM EDT
Act would deem hazing a felony, punishable by up to five years in jail.

Florida Congressman Adam Hasner (file)

Pretty soon, a punch in the shoulder could cost more than a slap on the wrist.
Florida state lawmakers are trying to enact a bill that would criminalize hazing on high school and college campuses and potentially put convicted students behind
bars.
If passed, the Chad Meredith Act would deem hazing a third-degree felony, punishable by up to five years in jail if the victim is seriously injured or killed. A lesser punishment would include a year of jail time and a $5,000 fine. The bill is named after an 18-year-old University of Miami freshman who died trying to swim across a lake with two fraternity members in November 2001.
The act defines hazing as "any action or situation that recklessly or intentionally endangers the physical health or safety of a student." That includes pressuring or coercing the student into violating state or federal law or engaging them in any forced physical activity that could endanger their health or safety. The bill also condemns brutality of any kind, such as whipping, beating, branding and forced consumption of food, liquor, drugs or other substances. However, it does not include customary athletic events or similar competitions or activities that "further a legal and legitimate objective."
Representative Adam Hasner, a Delray Beach Republican who is sponsoring the bill, says the issue of hazing on campuses has become an epidemic and measures must be taken to protect the safety of students. "We need to protect our children from these types of injuries that are taking place because of senseless acts of hazing," he said.
Hasner said he'll work with universities throughout the state to implement a hazing-education program that will make students aware of the new law if it is passed and signed by Florida Governor Jeb Bush. The bill has already passed in the state House of Representatives and is scheduled for a floor vote in the Senate early next week. If passed there, it will land on Bush's desk.
Florida's law would be the nation's toughest hazing measure to date. "We're hopeful these tougher penalties will deter this type of behavior in the future," said Hasner.
He noted that hazing is becoming as big a problem in high schools as it is in universities. In Deltona, a 15-year-old female soccer player was dumped onto her head as part of a hazing incident. "This just goes one step further in ensuring that students who want to join social organizations have protections under these types of senseless acts that are taking place and putting students in physical jeopardy.
"I hope other states will join us in criminalizing hazing. These types of activities are unconscionable, and we need to make sure we punish perpetrators of these types of acts," Hasner said.
Hasner, a former Phi Delta Theta member and chapter advisor at Florida State University, said he advocates fraternities. "I'm a strong proponent of the legitimate goals and objectives of fraternities, but I believe that team building and brotherhood can be achieved in a much more positive and constructive manner," he said.
"No kid should have to risk life or limb to join any social organization, and we hope by toughening Florida's laws we will prevent some senseless injuries and senseless deaths that have taken kids way before their time."

— Brandee J. Tecson

[Tom Earp]

Over Kill, Knee Jerk Reactions always come up on something of this nature.

*Greeks Are Evil*, but the lovelys in Sports, Band, ROTC, Cheer Leader Squads seem to be under different rules than Greeks.

I have done some stupid things in college and the here after of Business life, but it was not hazing.

I never did see anywhere where this Young man was forced to do something that caused Him to lose his life. But, it seems that being with Guys who carried the Greek Name, it was automaticly considered Hazing.

There is just so damn much of this type of thing happening, and We as Greeks take the hits on this, ergo, Our High Risk Insuarence.

[TSteven]

Originally posted by hoosier
However, it does not include customary athletic events or similar competitions or activities that "further a legal and legitimate objective."

"further a legal and legitimate objective."

Go Gators, Seminoles, Hurricanes et al.

[starang21]

and this is the same state that brought back the wild west mentality towards carrying guns.

[hoosier]

Originally posted by starang21
and this is the same state that brought back the wild west mentality towards carrying guns.

Research indicates that when everyone had a gun, as in the "wild west days", there was less crime and gun violence.

Locally, a few years ago, the city of Kennesaw passed a "every household must have a gun", and crime disappeared. The crooks were afraid to enter the town.

The "wild west" was mostly a Hollywood creation.

FL only relaxed some rules about carrying weapons in public.

Traditionally one of the most crime-infested cities: NYC.

One of the most strict cities for gun possession: NYC

[starang21]

Originally posted by hoosier
Research indicates that when everyone had a gun, as in the "wild west days", there was less crime and gun violence.

Locally, a few years ago, the city of Kennesaw passed a "every household must have a gun", and crime disappeared. The crooks were afraid to enter the town.

The "wild west" was mostly a Hollywood creation.

FL only relaxed some rules about carrying weapons in public.

Traditionally one of the most crime-infested cities: NYC.

One of the most strict cities for gun possession: NYC

i'm not talking about gun possession. i'm talking about this:

http://www.washingtonpost.com/wp-dyn...042501553.html

"It is either a Wild West revival, a return to the days of "shoot first and ask questions later," or a triumph for the "Castle Doctrine" -- the notion that enemies invade personal space at their peril."

[alphaalpha]

I would be interested to learn about punishment would be determined.

To this i mean, if i am say in charge of rush/recruitment, which in my sorority is an executive position and there is a girl who goes out with some of the other girls from the sorority and something bad happens and she dies.

Who is at Fault?

Would it be the person who came up with said activity?

Would it be the president of the sorority only?

Would it be all exc positions, again rush chair which only does stuff a small % of the year and has no real "say" in anything else?

Would it be the person who suggested the activty, or the most senior member present?

Or could we just teach PNM's about taking responsibility and how to not come to peer pressure? Sounds to me, a good place to start. Anyone else?

[futuregreek]

Originally posted by hoosier
Research indicates that when everyone had a gun, as in the "wild west days", there was less crime and gun violence.

hijack

But the suicide by firearm rate goes up

end hijack (sorry!)

[Tom Earp]

Now that one is way beyond me!

Dont people realize, if they commit suicide, they lose life insurance!

Hell suicide by Police, suicide by vehicle?

[exlurker]

The bill has passed both houses of the Florida legislature and has been sent to the governor.

If / when Governor Bush signs it, it will become law and will take effect July 1, 2005..

Here's a copy of the bill as sent to the governor, in case any interested Florida Greeks, Greek advisors, or Greek Life student personnel have not yet seen it. (This is of course an UNOFFICIAL copy taken from the web site of the Florida House.)

(Please note: you can find a copy of the bill on the Florida House's web site. Go to

http://www.myfloridahouse.gov/

then in the boxes on the left of the screen go to the search bill text box and just type in the word hazing. When a list of versions of the bill comes up, choose the "Enrolled" version -- that's the one sent to the governor. You could also probably use the bill number if you want to search in that set of boxes....it's HB 193.)


F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled
An act relating to hazing; providing a popular name;
specifying conduct that constitutes hazing at high schools
with grades 9-12; creating new offenses of hazing at such
a high school; providing a definition; providing for
felony and misdemeanor offenses of hazing at such a high
school; specifying the elements of each offense; providing 7
criminal penalties; requiring the court to impose a hazing
education course as a condition of sentence in certain
circumstances; authorizing the court to impose a condition 0
of drug or alcohol probation in certain circumstances;
specifying circumstances that do not constitute a valid
defense to a prosecution of hazing at such a high school; creating a rule of construction; amending s. 1006.63, F.S.; revising a definition; providing for felony and misdemeanor offenses of hazing at postsecondary educational institutions; specifying the elements of each
offense; providing for criminal penalties; requiring the
court to impose a hazing education course as a condition
of sentence in certain circumstances; authorizing the
court to impose a condition of drug or alcohol probation
in certain circumstances; specifying circumstances that do
not constitute a valid defense to a prosecution for the
offense of hazing; creating a rule of construction;
amending s. 1001.64, F.S., to conform a cross reference;
providing construction with respect to civil causes of
action; providing applicability; providing an effective
date.
ENROLLED
HB 193, Engrossed 1 2005 Legislature
CODING: Words stricken are deletions; words underlined are additions.
Page 2 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Be It Enacted by the Legislature of the State of Florida:

Section 1. This act may be cited as the "Chad Meredith
Act."
Section 2. Hazing at high schools with grades 9-12 3
prohibited.--
(1) As used in this section, "hazing" means any action or
situation that recklessly or intentionally endangers the mental
or physical health or safety of a student at a high school with grades 9 through 12 for purposes, including, but not limited to, initiation or admission into or affiliation with any 40organization operating under the sanction of a high school with grades 9 through 12. "Hazing" includes, but is not limited to,
pressuring or coercing the student into violating state or
federal law, any brutality of a physical nature, such as
whipping, beating, branding, exposure to the elements, forced
consumption of any food, liquor, drug, or other substance, or
other forced physical activity that could adversely affect the
physical health or safety of the student, and also includes any
activity that would subject the student to extreme mental
stress, such as sleep deprivation, forced exclusion from social
contact, forced conduct that could result in extreme
embarrassment, or other forced activity that could adversely
affect the mental health or dignity of the student. Hazing does
not include customary athletic events or other similar contests
or competitions or any activity or conduct that furthers a legal
and legitimate objective.

(2) A person commits hazing, a third degree felony,
punishable as provided in s. 775.082 or s. 775.083, Florida
Statutes, when he or she intentionally or recklessly commits any
act of hazing as defined in subsection (1) upon another person
who is a member of or an applicant to any type of student
organization and the hazing results in serious bodily injury or
death of such other person.
(3) A person commits hazing, a first degree misdemeanor,
punishable as provided in s. 775.082 or s. 775.083, Florida
Statutes, when he or she intentionally or recklessly commits any
act of hazing as defined in subsection (1) upon another person
who is a member of or an applicant to any type of student
organization and the hazing creates a substantial risk of
physical injury or death to such other person.
(4) As a condition of any sentence imposed pursuant to
subsection (2) or subsection (3), the court shall order the
defendant to attend and complete a 4-hour hazing education
course and may also impose a condition of drug or alcohol
probation.
(5) It is not a defense to a charge of hazing that:
(a) Consent of the victim had been obtained;
(b) The conduct or activity that resulted in the death or
injury of a person was not part of an official organizational
event or was not otherwise sanctioned or approved by the
organization; or
(c) The conduct or activity that resulted in death or
injury of the person was not done as a condition of membership
to an organization.

(6) This section shall not be construed to preclude
prosecution for a more general offense resulting from the same
criminal transaction or episode.
Section 3. Section 1006.63, Florida Statutes, is amended
to read:
1006.63 Hazing prohibited.--
(1) As used in this section, "hazing" means any action or
situation that recklessly or intentionally endangers the mental
or physical health or safety of a student for purposes,
including, but not limited to, the purpose of initiation or
admission into or affiliation with any organization operating
under the sanction of a postsecondary institution. "Hazing" Such
term includes, but is not limited to, pressuring or coercing the
student into violating state or federal law, 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 other forced
physical activity that which could adversely affect the physical
health or safety of the student, and also includes any activity
that which would subject the student to extreme mental stress,
such as sleep deprivation, forced exclusion from social contact,
forced conduct that which could result in extreme embarrassment,
or other forced activity that which could adversely affect the
mental health or dignity of the student. Hazing does not include
customary athletic events or other similar contests or
competitions or any activity or conduct that furthers a legal
and legitimate objective.
(2) A person commits hazing, a third degree felony,
punishable as provided in s. 775.082 or s. 775.083, when he or
she intentionally or recklessly commits any act of hazing as
defined in subsection (1) upon another person who is a member of
or an applicant to any type of student organization and the
hazing results in serious bodily injury or death of such other
person.
(3) A person commits hazing, a first degree misdemeanor,
punishable as provided in s. 775.082 or s. 775.083, when he or 1
she intentionally or recklessly commits any act of hazing as
defined in subsection (1) upon another person who is a member of
or an applicant to any type of student organization and the
hazing creates a substantial risk of physical injury or death to
such other person.
(4) As a condition of any sentence imposed pursuant to
subsection (2) or subsection (3), the court shall order the
defendant to attend and complete a 4-hour hazing education
course and may also impose a condition of drug or alcohol
probation.
(5) It is not a defense to a charge of hazing that:
(a) The consent of the victim had been obtained;
(b) The conduct or activity that resulted in the death or
injury of a person was not part of an official organizational
event or was not otherwise sanctioned or approved by the
organization; or
(c) The conduct or activity that resulted in death or
injury of the person was not done as a condition of membership
to an organization.
(6) This section shall not be construed to preclude
prosecution for a more general offense resulting from the same
criminal transaction or episode.
(7)(2) Public and nonpublic postsecondary educational
institutions whose students receive state student financial
assistance must adopt a written antihazing policy and under such
policy must adopt rules prohibiting students or other persons
associated with any student organization from engaging in
hazing.
(8)(3) Public and nonpublic postsecondary educational
institutions must provide a program for the enforcement of such
rules and must adopt appropriate penalties for violations of
such rules, to be administered by the person at the institution
responsible for the sanctioning of such organizations.
(a) Such penalties at community colleges and state
universities may include the imposition of fines; the
withholding of diplomas or transcripts pending compliance with
the rules or pending payment of fines; and the imposition of
probation, suspension, or dismissal.
(b) In the case of an organization at a community college
or state university that which authorizes hazing in blatant
disregard of such rules, penalties may also include rescission
of permission for that organization to operate on campus
property or to otherwise operate under the sanction of the
institution.
(c) All penalties imposed under the authority of this
subsection shall be in addition to any penalty imposed for
violation of any of the criminal laws of this state or
violation of any other rule of the institution to which the
violator may be subject.
(9)(4) Rules adopted pursuant hereto shall apply to acts
conducted on or off campus whenever such acts are deemed to
constitute hazing.
(10)(5) Upon approval of the antihazing policy of a
community college or state university and of the rules and
penalties adopted pursuant thereto, the institution shall
provide a copy of such policy, rules, and penalties to each
student enrolled in that institution and shall require the
inclusion of such policy, rules, and penalties in the bylaws of
every organization operating under the sanction of the
institution.
Section 4. Paragraph (e) of subsection (8) of section
1001.64, Florida Statutes, is amended to read:
1001.64 Community college boards of trustees; powers and
duties.--
(8) Each board of trustees has authority for policies
related to students, enrollment of students, student records,
student activities, financial assistance, and other student
services.
(e) Each board of trustees must adopt a written antihazing
policy, provide a program for the enforcement of such rules, and
adopt appropriate penalties for violations of such rules
pursuant to the provisions of s. 1006.63(1)-(3).
Section 5. Nothing in this act shall be construed to
constitute grounds for any civil cause of action that is not
otherwise provided in law.
Section 6. This act shall take effect July 1, 2005, and
shall apply to offenses committed on or after that date.

[TSteven]

Sigma Chi Supports Florida Anti-Hazing Legislation

Evanston, Ill. The Sigma Chi Fraternity announced Thursday that it supports Florida legislation that would make hazing a state crime. The Chad Meredith Act passed last month in the Florida House of Representatives with a vote of 115-1 and is set to be heard in the Senate this week.

If enacted, the act will criminalize hazing activities that result in serious bodily injury. Offenses could result in prison sentences of up to five years. The legislation focuses on a variety of organizations, including athletic teams, marching bands, fraternities and sororities, along with other extracurricular activities that are recognized by public colleges and high schools for the enhancement of student achievement. If passed, the new state law will be the toughest anti-hazing legislation in the United States.

“The legislation takes the same zero-tolerance approach to hazing that Sigma Chi announced when we unveiled our own anti-hazing policy on February 1, 2005,” said Sigma Chi International President Lee Beauchamp. “We support all efforts to end hazing that demeans or physically threatens any individual. While hazing has been characterized as a tradition by critics of fraternities, we believe there are better ways to instill a sense of brotherhood within our organization. We fully support the Florida legislation.”

The Sigma Chi Fraternity was founded on the ideals of friendship, justice and learning at Miami University (Ohio) in 1855. Its mission has been to be a values-based organization that stresses the character development of each member. There are currently 217 undergraduate Sigma Chi chapters and 140 Sigma Chi alumni groups across North America.

© 2005, Sigma Chi International Headquarters

[Tom Earp]

It is a sad state of affairs when it comes to this.

But there is no one to blame but ourselves as Greek Organizations.

[exlurker]

Governor Bush has signed the bill into law, according to station WESH and many other news sources:

http://www.wesh.com/news/4578987/detail.html

I'm guessing that fraternities and sororities with chapters in Florida will be taking a careful look at this new law, and will be giving guidance to collegiate members and alumni/ae, especially advisors and chapter exec boards-- right?

[whittleschmeg]

Originally posted by alphaalpha
I would be interested to learn about punishment would be determined.

To this i mean, if i am say in charge of rush/recruitment, which in my sorority is an executive position and there is a girl who goes out with some of the other girls from the sorority and something bad happens and she dies.

Who is at Fault?

Would it be the person who came up with said activity?

Would it be the president of the sorority only?

Would it be all exc positions, again rush chair which only does stuff a small % of the year and has no real "say" in anything else?

Would it be the person who suggested the activty, or the most senior member present?

Or could we just teach PNM's about taking responsibility and how to not come to peer pressure? Sounds to me, a good place to start. Anyone else?

As far as I know the people who are held responsible if the chapter gets in trouble for hazing are the new member educators because they are in actuality in charge of the new members and the president of the sorority.....If you have any other questions feel free to PM me

I never personally read this but I have been told (please clarify me if I am wrong) that if you are a new member of Chi Omega and the chapter gets in trouble for hazing you as a new member are also responsible for not saying "NO" and in essence accepting the behavior??

[AGDee]

Originally posted by alphaalpha
I would be interested to learn about punishment would be determined.

To this i mean, if i am say in charge of rush/recruitment, which in my sorority is an executive position and there is a girl who goes out with some of the other girls from the sorority and something bad happens and she dies.

Who is at Fault?

Would it be the person who came up with said activity?

Would it be the president of the sorority only?

Would it be all exc positions, again rush chair which only does stuff a small % of the year and has no real "say" in anything else?

Would it be the person who suggested the activty, or the most senior member present?

Or could we just teach PNM's about taking responsibility and how to not come to peer pressure? Sounds to me, a good place to start. Anyone else?

Any and all of the above can be held liable, as well as alumnae volunteers and International Officers. Anybody and everybody who knew about it is liable. There have been civil suits where they've held advisors or other exec officers liable because they SHOULD HAVE known about it. People who engage in hazing are putting the whole organization at risk.

With this new law in Florida, only those who actually commit the act sound like they can be prosecuted criminally, but civil suits are a whole 'nother ball game.