SF 135

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to hazing; requiring secondary and 
  1.3             post-secondary institutions to adopt policies on 
  1.4             hazing by students; amending Minnesota Statutes 1996, 
  1.5             section 128C.02, subdivision 2; proposing coding for 
  1.6             new law in Minnesota Statutes, chapters 127; and 135A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [127.465] [HAZING POLICY.] 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) "Hazing" means doing an 
  1.10  act against a pupil, or coercing a pupil into doing an act, in 
  1.11  order for the pupil to be initiated into or affiliated with a 
  1.12  pupil organization, if the act creates a substantial risk of 
  1.13  harm to any person. 
  1.14     (b) "Student organization" means a group, club, or 
  1.15  organization that has pupils as its primary members or 
  1.16  participants. 
  1.17     Subd. 2.  [MODEL POLICY.] The commissioner of children, 
  1.18  families, and learning shall maintain and make available to 
  1.19  school boards a model policy on hazing by pupils that addresses 
  1.20  the requirements of subdivision 3.  Each school board shall 
  1.21  submit a copy of its hazing policy to the commissioner. 
  1.22     Subd. 3.  [SCHOOL BOARD POLICY.] Each school board shall 
  1.23  adopt a written policy governing hazing by students.  The policy 
  1.24  must apply to behavior that occurs on or off school property and 
  1.25  during and after school hours.  The policy must include 
  1.26  reporting procedures and disciplinary actions against pupils 
  2.1   that will be taken for a violation of the policy.  Disciplinary 
  2.2   actions must be of sufficient severity to deter violations and 
  2.3   provide sanctions for the behavior.  Disciplinary actions must 
  2.4   conform with sections 127.27 to 127.39.  The policy must be 
  2.5   included in each school's student handbook on school policies 
  2.6   and must be conspicuously posted in each school building. 
  2.7      Sec. 2.  Minnesota Statutes 1996, section 128C.02, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [SEXUAL HARASSMENT AND VIOLENCE; HAZING.] The 
  2.10  board of the league shall adopt a policy, rules, penalties, and 
  2.11  recommendations addressing sexual harassment and sexual violence 
  2.12  and hazing toward and by participants in league activities. 
  2.13     Sec. 3.  [135A.155] [HAZING POLICY.] 
  2.14     The board of trustees of the Minnesota state colleges and 
  2.15  universities shall, and the University of Minnesota is requested 
  2.16  to, adopt a clear, understandable written policy on hazing by 
  2.17  students.  The policy must include behavior that occurs on and 
  2.18  off property owned by the institution.  The policy must include 
  2.19  procedures for reporting incidents of inappropriate hazing and 
  2.20  for disciplinary actions against individual violators and 
  2.21  organizations.  The disciplinary actions must be of sufficient 
  2.22  severity to deter violations and provide sanctions for the 
  2.23  behavior.  The policy must be provided to students when they 
  2.24  register and must be posted at appropriate locations on campus.  
  2.25  A private post-secondary institution that is an eligible 
  2.26  institution as defined in section 136A.101, subdivision 4, must 
  2.27  adopt a policy that meets the requirements of this section. 
  2.28     Sec. 4.  [CONSULTATION.] 
  2.29     The commissioner of children, families, and learning shall 
  2.30  consult with the Minnesota school board association in preparing 
  2.31  the model hazing policy under section 1. 
  2.32     Sec. 5.  [EFFECTIVE DATE.] 
  2.33     Section 1 is effective January 1, 1998.