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Chapter 269: Section
17. Hazing; organizing or participating; hazing defined.
Section 17. Whoever is
a principal organizer or participant in the crime of hazing, as
defined herein, shall be punished by a fine of not more than three
thousand dollars or by imprisonment in a house of correction for
not more than one year, or both such fine and imprisonment.
The term ""hazing''
as used in this section and in sections eighteen and nineteen, shall
mean any conduct or method of initiation into any student organization,
whether on public or private property, which willfully or recklessly
endangers the physical or mental health of any student or other
person. Such conduct shall include whipping, beating, branding,
forced calisthenics, exposure to the weather, forced consumption
of any food, liquor, beverage, drug or other substance, or any other
brutal treatment or forced physical activity which is likely to
adversely affect the physical health or safety of any such student
or other person, or which subjects such student or other person
to extreme mental stress, including extended deprivation of sleep
or rest or extended isolation.
Notwithstanding any other
provisions of this section to the contrary, consent shall not be
available as a defense to any prosecution under this action.
Chapter 269: Section
18. Failure to report hazing.
Section 18. Whoever knows
that another person is the victim of hazing as defined in section
seventeen and is at the scene of such crime shall, to the extent
that such person can do so without danger or peril to himself or
others, report such crime to an appropriate law enforcement official
as soon as reasonably practicable. Whoever fails to report such
crime shall be punished by a fine of not more than one thousand
dollars.
Chapter 269: Section
19. Copy of secs. 17, 18, and 19; issuance to students and student
groups, teams and organizations; report.
Section 19. Each institution
of secondary education and each public and private institution of
post secondary education shall issue to every student group, student
team or student organization which is part of such institution or
is recognized by the institution or permitted by the institution
to use its name or facilities or is known by the institution to
exist as an unaffiliated student group, student team or student
organization, a copy of this section and sections seventeen and
eighteen; provided, however, that an institution's compliance with
this section's requirements that an institution issue copies of
this section and sections seventeen and eighteen to unaffiliated
student groups, teams or organizations shall not constitute evidence
of the institution's recognition or endorsement of said unaffiliated
student groups, teams or organizations.
Each such group, team
or organization shall distribute a copy of this section and sections
seventeen and eighteen to each of its members, plebes, pledges or
applicants for membership. It shall be the duty of each such group,
team or organization, acting through its designated officer, to
deliver annually, to the institution an attested acknowledgment
stating that such group, team or organization has received a copy
of this section and said sections seventeen and eighteen, that each
of its members, plebes, pledges, or applicants has received a copy
of sections seventeen and eighteen, and that such group, team or
organization understands and agrees to comply with the provisions
of this section and sections seventeen and eighteen.
Each institution of secondary
education and each public or private institution of post secondary
education shall, at least annually, before or at the start of enrollment,
deliver to each person who enrolls as a full time student in such
institution a copy of this section and sections seventeen and eighteen.
Each institution of secondary
education and each public or private institution of post secondary
education shall file, at least annually, a report with the board
of higher education and in the case of secondary institutions, the
board of education, certifying that such institution has complied
with its responsibility to inform student groups, teams or organizations
and to notify each full time student enrolled by it of the provisions
of this section and sections seventeen and eighteen and also certifying
that said institution has adopted a disciplinary policy with regard
to the organizers and participants of hazing, and that such policy
has been set forth with appropriate emphasis in the student handbook
or similar means of communicating the institution's policies to
its students. The board of higher education and, in the case of
secondary institutions, the board of education shall promulgate
regulations governing the content and frequency of such reports,
and shall forthwith report to the attorney general any such institution
which fails to make such report.
* reproduction of
the act as adopted by the Commonwealth of Massachusetts House of
Representatives on Dec. 29, 1987.
University
Policy Regarding Hazing
Boston University hazing
policy will be in accordance with laws of the Commonwealth of Massachusetts
at all times. However, the University's standards of personal conduct
substantially exceed the minimum expectations of civil law and custom.
Student organizations and individual students found in violation
of Massachusetts hazing laws will be subject to University disciplinary
action.
In accordance with Chapter
536, Section 19, the Student Activities Office has developed the
following procedures:
- At the time of registration,
the president of each student group, team or organization must
receive a copy of the law and will be required to sign a statement
acknowledging that such copy has been received, that a copy of
this law shall be distributed to every member, plebe, pledge or
applicant for membership of the organization, and that the group,
team or organization understands and agrees to comply with the
provisions of this law.
- This statement will
be kept in the group, club or organization's permanent file in
the Student Activities Office.
- The Student Activities
Office will make available to each group, team, or organization
as many copies of the law as necessary both when the group, team
or organization registers for the year and throughout the year
as necessary to insure that the organization can comply with their
responsibilities as outlined in Section 19 of this law.
For further information
please contact the Student Activities Office at 617-353-3635 or
by email at saoweb@bu.edu.
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