Amendment vs bill House Committee Amendment, #2405, EDUC, Adopted vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

Previous
Latest
ENROLLED Regular Session HOUSE BILL NO.
HCAHB636 3391 2405 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Education to Original House Bill No.
636 BY REPRESENTATIVES LAFLEUR, ADAMS, BAGLEY, BAMBURG, BAYHAM, BERAULT, BILLINGS, BOURRIAQUE, BOYD, BRASS, BROUSSARD, CARLSON, CARPENTER, CARRIER, WILFORD CARTER, CARVER, CHASSION, CHENEVERT, COX, DEVILLIER, DEWITT, DOMANGUE, EDMONSTON, FISHER, FREEMAN, FREIBERG, GLORIOSO, GREEN, HEBERT, DANA HENRY, HILFERTY, HORTON, ILLG, TRAVIS JOHNSON, JORDAN, KNOX, MANDIE LANDRY, TERRY LANDRY, LARVADAIN, LYONS, MARCELLE, MARTINEZ, MCFARLAND, MCMAHEN, MCMAKIN, MELERINE,MENA,MILLER,MOORE,MURRAY,OWEN,PHELPS,SAWYER, SCHLEGEL, ST.
636 by Representative LaFleur AMENDMENT NO.
BLANC, STAGNI, TAYLOR, THOMPSON, VENTRELLA, VILLIO, WALTERS, WILEY, AND WYBLE AND SENATORS ABRAHAM, ALLAIN, BARROW, BARTHELEMY, BASS, BOUDREAUX, CARTER, CLOUD,DUPLESSIS,EDMONDS,FESI,FOIL,HARRIS,HENRY,HENSGENS, HODGES, JACKSON-ANDREWS, JENKINS, KLEINPETER, LAMBERT, LUNEAU,MCMATH,MIGUEZ,MILLER,MIZELL,MORRIS,MYERS,OWEN, PRESSLY, PRICE, SEABAUGH, STINE, TALBOT, WHEAT, AND WOMACK AN ACT To amend and reenact R.S.
1 Onpage5,line22,after"The"andbefore"public"delete"BoardofRegents,inconsultation with the" AMENDMENT NO.
17:1801 and to repeal R.S.
2 On page 5, line 23, after "boards," and before "shall" insert "in consultation with the Board of Regents," AMENDMENT NO.
17:1801.1, relative to hazing of studentsatpublicpostsecondaryeducationinstitutions;toprovidefortheprevention of, reporting of, and response to hazing;
3 On page 5, line 24, after "organizations" and before "use" delete "shall" and insert "may" AMENDMENT NO.
to provide for definitions;
4 On page 5, line 26, after "institutions" and before "use" delete "shall" and insert "may" AMENDMENT NO.
to provide for reporting;
5 Onpage5,attheendofline28,insert"However,aninstitutionmayusethirdpartyreporting software in lieu of such form." AMENDMENT NO.
and to provide for related matters.
6 Onpage11, line17, after"shall"deletetheremainderofthelineanddeletelines 18through 25 and insert "banish the organization and prohibit re-chartering, re-establishing, or operating under any name, alias, or affiliated organization." Page 1 of 1 CODING:
Be it enacted by the Legislature of Louisiana:
Section 1.
This Act shall be known and maybe cited as "The Caleb Wilson Hazing Prevention Act." Section 2.
R.S.
17:1801 is hereby amended and reenacted to read as follows:
§1801.
Hazing prohibited;
reporting;
documentation documentation;
education;
policies;
new student orientation;
organizations A.
Definitions.
For purposes of this Section, the following terms have the following meanings, unless the context clearly indicates otherwise:
Page 1 of 11 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
636 ENROLLED (1)(a) "Hazing" means any intentional, knowing, or reckless act committed by a person acting alone or with others that is directed against another individual, when both of the following apply:
(i) Theactorkneworreasonablyshould haveknownthattheactendangered the physical health or safety of the other individual or caused severe emotional distress.
(ii) The act was associated with pledging, initiation into, affiliation with, participation in, holding office in, or maintaining membership in any organization.
(b) "Hazing" includes but is not limited to any of the following acts associated with pledging, initiation, affiliation, participation, holding office, or maintaining membership in any organization:
(i) Physical brutality including but not limited to beating, branding, electric shocking, paddling, placing a harmful substance on the body, striking, or similar activity.
(ii) Physical activity that subjects an individual to an unreasonable risk of harm,adverselyaffectsphysicalhealthorsafety,orcausessevereemotionaldistress including but not limited to calisthenics, confinement in a small space, exposure to the elements, and sleep deprivation.
(iii) Activity involving the consumption of food, liquid, or any other substance, including but not limited to alcohol or drugs, that subjects the individual toanunreasonableriskofharm,adverselyaffectsphysicalhealthorsafety,orcauses severe emotional distress.
(iv) Activity that induces, causes, or requires an individual to commit a crime or engage in an act that constitutes hazing under this Section.
(c) A physical activitythat is normal, customary, and necessaryfor training and participation in an athletic, physical education, military training, or similar programofficiallysanctionedbythepostsecondaryeducationinstitutionshallnotbe considered hazing for purposes of this Section.
(2) "Hearing panel" means a bodydesignated bya postsecondaryeducation institution pursuant to its student code of conduct to adjudicate alleged hazing Page 2 of 11 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
636 ENROLLED violations,andtodetermineresponsibilityandrecommendorimposesanctionswhen suspension or expulsion may be a possible outcome.
(3)(a) "Organization" means any group whose members are primarily studentsat,orformerstudentsof,apostsecondaryeducationinstitutionincludingbut not limited to the following:
Show all 194 changed rows (154 more)
Previous
Latest
(i) An association.
(ii) An athletic team.
(iii) A band.
(iv) A club.
(v) A cooperative.
(vi) A corporation.
(vii) A corps.
(viii) A fraternity.
(ix) An order.
(x) A service group.
(xi) A social group.
(xii) A spirit group.
(xiii) A society.
(xiv) A sorority.
(xv) Any similar group.
(b) "Organization"includesanynational,regional,orparentorganizationof which an entity listed in this Paragraph is a sanctioned, recognized, or affiliated member at the time an incident of hazing occurs.
(4) "Pledging" means any action or activity related to becoming a member of an organization, including recruitment, rushing, and initiation-related activities.
(5) "Postsecondary education institution", "education institution", and "institution" mean any postsecondary education institution in this state supported wholly or in part by public funds.
(6) "Student organizationaladvisor"meansanindividual whois afacultyor staff member at an institution, or other adult who is designated by an institution or Page 3 of 11 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
636 ENROLLED by a student organization, to provide guidance, support, and advice to a student organization relative to conducting the organization's activities, programs, and meetings.
B.
Hazing prohibited;
education;
resources.
(1) Hazing in anyform, or the use of any method of initiation into organizations in any education institution supported wholly or in part by public funds, which is likely to cause bodily danger or physical punishment to any student or other of any person attending any such an education institution is prohibited.
B.
(2) Whoever violates the provisions of this Section shall be expelled, suspended, or dismissed from the education institution and not permitted to return for at least one semester, quarter, or comparable academic period.
In addition, the person violating the provisions of this Section mayalso be subject to the provisions of R.S.
14:40.8 which provides penalties for certain hazing activities.
(3)(a) Beginning in the fall semester of 2027, and annually thereafter, each student shall be provided education information on the dangers of and prohibition on hazing either in-person or electronically.
(b) InadditiontotherequirementinSubparagraph(a)ofthisParagraph,each new student shall be provided educational information on the dangers of and prohibition on hazing during the new student orientation process either in-person or electronically.
(c) If a student is a minor, the information shall be provided to his parent or legal guardian.
(4)(a) Each institution and organization shall make available and provide information about resources to a student who is an alleged victim of hazing, including information on how to access medical and reporting resources and counseling that the institution or community offers.
(b) Each institution shall incorporate the requirements of this Section into its hazing prevention policies as required bySubsection D of this Section.
C.
Reporting;datapublication.
(1) Ifanorganizationhastakendisciplinary action against one of its members members, representatives, or officers for hazing Page 4 of 11 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
636 ENROLLED or has reason to believe that any member of the organization has participated in an incident of hazing, the organization shall report the incident to law enforcement in accordance with R.S.
14:40.8 and the institution with which it is affiliated.
(2) If an organization or any of its members members, representatives, or officers has been disciplined by a parent organization for hazing, the organization shall report the hazing for which the organization was disciplined to the institution with which it is affiliated.
(3) If an organization fails to report an incident of hazing as requiredbythis Section, the institution shall impose a disciplinaryaction against the organization in accordance with institutional policies.
(2) (4) When the institution receives a report of an alleged incident of hazingpursuantto the provisions of Paragraph (1) of this Subsection, the institution shall do both of the following:
(a) Reportto lawenforcementasrequiredbyR.S.
14:40.8.
Theinformation reportedtolawenforcementshallincludeallinformationanddetailsreceivedbythe institution relative to the alleged incident, with no information being redacted, including the name of all individuals alleged to have committed the act or acts of hazing identified in the report.
(b) Documentin writingallactionstakenwith regardto thereportincluding but not limited to the date the report was received, reports made to law enforcement as provided in R.S.
14:40.8, and any other information relative to the institution's investigation, processing, and resolution of the incident.
(3) (5) The Board of Regents, in consultation with the public postsecondary education management boards, in consultation with the Board of Regents, shall develop the following:
(a) A standardized form that organizations shall may use in making the reports required by Paragraph (1) of this Subsection.
(b) A standardized form that institutions shall may use to document such reports, reports made to law enforcement as provided in R.S.
14:40.8, and the Page 5 of 11 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
636 ENROLLED mannerinwhicheachhazingincidentishandledandresolvedattheinstitutionlevel.
However, an institution mayuse third partyreporting software in lieu of such form.
(c) A policy relative to making available to the public certain information relative to hazing that is documented pursuant to this Paragraph.
D.
For purposes of this Section and R.S.
17:1801.1:
(1)(a) "Hazing" means anyintentional, knowing, or reckless act bya person acting alone or acting with others that is directed against another when both of the following apply:
(i) The person knew or should have known that such an act endangers the physical health or safety of the other person or causes severe emotional distress.
(ii) The act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization.
(b) "Hazing" includes but is not limited to any of the following acts associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization:
(i) Physicalbrutality,suchaswhipping,beating,paddling,striking,branding, electric shocking, placing of a harmful substance on the body, or similar activity.
(ii) Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects the other person to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual or causes severe emotional distress.
(iii) Activityinvolving consumption of food, liquid, or anyother substance, including but not limited to an alcoholic beverage or drug, that subjects the individual to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual or causes severe emotional distress.
(iv) Activitythatinduces,causes,orrequiresanindividualtoperformaduty or task that involves the commission of a crime or an act of hazing.
(c) A physical activity that is normal, customary, and necessary for a person's training and participation in an athletic, physical education, military Page 6 of 11 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
636 ENROLLED training, or similar program sanctioned by the postsecondary education institution is not considered "hazing" for purposes of this Section.
(2) "Organization" means a fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group whose members are primarily students at, or former students of, a postsecondary education institution.
"Organization" includes the national or parent organization of which anyof the underlying entities provided forin this Paragraphis asanctionedorrecognized member at the time ofthehazing.
(3) "Pledging" means any action or activity related to becoming a member of an organization, including recruitment and rushing.
(4) "Postsecondary education institution", "education institution", and "institution" mean any postsecondary education institution in this state supported wholly or in part by public funds.
(6) Online publication.
(a) Each institution shall maintain a publicly accessiblewebsitethatdisclosesconductfindingsanddisciplinarysanctionsimposed on organizations recognized or affiliated with the institution, provided that personally identifiable information of individuals shall be redacted pursuant to Subparagraph (e) of this Paragraph.
(b) At a minimum, for each organization that the institution found responsible for a policy or code violation, the website shall include the following:
(i) The name of the organization.
(ii) Each specific policy listed in the institutional student code of conduct that the organization violated.
(iii) A brief description of the violation, presented in a manner that protects individual privacy.
(iv) Thedateonoracademictermin whichtheorganizationviolatedpolicy.
(v) The disciplinary sanctions the institution imposed on the organization.
(vi) The current disciplinarystatus of the organization.
(c) The institution shall update the information on the website required by thisSectionatleastonceperacademicsemesternolaterthanApriltenthandOctober Page 7 of 11 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
636 ENROLLED tenthandadditionallyasnewviolationsareadjudicatedorsanctionsaremodifiedor imposed.
(d) Each institution shall determine a minimum period of time for which disciplinary records and status information shall remain publicly available.
This period of time shall not be shorter than the duration of the sanction and any probationary period.
(e) Privacy Protections.
The information that the institution posts on the publicly accessible website shall exclude the names and personally identifiable information of individual students and shall comply with all applicable state and federal privacylaws.
(f) Applicability.
This Paragraph applies to all organizations as defined in this Section.
(g) The management boards shall send an annual systemwide summary report of the information contained in this Paragraph to the Board of Regents by January thirtieth.
(h) The Board of Regents shall submit a report of a summary of the information in Subparagraph (b) of this Paragraph to the House and Senate committees on education, the House Committee on the Administration of Criminal Justice, the House Committee on Civil Law and Procedure, and the House and Senate select committees on women and children by February twenty-eighth annually.
The report shall also include any recommendations for legislation.
The Board of Regents shall publish the report on its website.
D.
Hazing prevention policy.
(1) The Board of Regents, in consultation with each postsecondary management board, shall establish uniform policies and best practices to implement measures to address the reporting of hazing on institutional campuses and the prevention of hazing.
(2) Eachpostsecondaryeducationmanagementboardshallinstitutepolicies incorporating the policies and best practices prescribed by the Board of Regents regardingthepreventionofandreportingofhazingcommittedbyoragainststudents of an institution.
The policies, at a minimum, shall provide for the following:
Page 8 of 11 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
636 ENROLLED (a) Online reporting.
Each institution shall provide an online reporting system permitting third-party reporting, allowing any individual to submit a confidential or anonymous report of a witnessed or known incident of hazing, regardless of whether the reporting individual is the person directly impacted.
(b) Immunities.
A person acting in good faith who reports or assists in the investigation of a report of an incident of hazing, or who testifies or otherwise participates in a disciplinary process or judicial proceeding arising from such a report,shallnotbesubjectedtoanydisciplinaryactionbytheinstitutioninwhichthe person is enrolled or employed for anyviolation of the institution's code of conduct thatisreasonablyrelatedtotheincident,providedthatsuspensionorexpulsionfrom the institution is not a possible punishment for the violation.
This Subparagraph shallnot applytoapersonwhoperpetratesorassistsintheperpetrationofareported hazing incident.
(c) False reporting.
An individual who is determined by the institution's disciplinaryproceduresto haveknowingly,with theintent to harmordeceive,made a report that is knowingly false shall be sanctioned in accordance with the institution's code of conduct or anyother applicable institutional policies.
(d) Amnesty policy.
The institution shall provide amnesty to any student who reports hazing to the institution in good faith.
Such student shall not be sanctioned by the institution for a nonviolent student conduct violation, such as underage drinking, that is revealed in the course of such a report.
(e) Training.
(i) Each organization shall do the following:
(aa) Annually complete at least two hours of hazing prevention education training, in person, electronically, or both, that includes education relative to such policies to all members and anyone who is employed by or volunteers at the organization.
(bb) Submit a training completion report annually to the institution with which it is affiliated identifying the students, employees, and volunteers who receivedtheeducation,evidencedbyanattestationofsuchindividuals receivingthe education.
Page 9 of 11 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
636 ENROLLED (cc) The institution shall deactivate the organization's operation on campus if it fails to comply with the provisions of this Subsection.
(ii)(aa) Student organizational advisors.
Each individual designated by an institution or organization to serve as an advisor shall annually complete, at a minimum, one hour of hazing prevention education training prior to serving as an advisor or in an advisory capacity.
(bb) The training specific to organizational advisors shall include, at a minimum,anoverviewofapplicablehazinglawsandinstitutionalpolicies,reporting obligations, and advisor responsibilities related to the prevention of hazing.
(cc) Organizationaladvisorsshall submit atrainingcompletionreporttothe institution evidenced by an attestation of such individuals receiving the education.
(iii) HearingPanel.
(aa) Eachindividualservingonaninstitutional hearing panel or disciplinary body responsible for adjudicating alleged hazing violations shall annuallycomplete hazing prevention education trainingprior to serviceon the panel.
(bb) The training shall be a minimum of one hour in duration and shall includeinstructiononhazingdefinitionsandindicators,applicablelawsandpolicies, trauma-informed practices, due process considerations, and sanctioningstandards.
(cc) Hearing panelists shall submit a training completion report to the institution evidenced by an attestation of such individuals receiving the education.
(3) Each institution shall adopt a hazing prevention policy and the policy shall be published on the institution's website.
(4) Each organization shall, as a condition of operating at an institution, adopt the hazing prevention policy that the institution has adopted pursuant to Paragraph (3) of this Subsection and shall provide a copy of the policy, either electronically or in writing, to each member and prospective member prior to initiation, acceptance, or participation in organizational activities.
E.
Penalties for noncompliance.
(1) The penalties for noncompliance with the provisions of this Section are as follows:
Page 10 of 11 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
636 ENROLLED (a) Institutions.
Aninstitution's failuretocomplywiththeprovisionsofthis Section shall result in a prohibition, for a period of two years following notice of such noncompliance, on the State Bond Commission authorizing the institution to incur any debt subject to the commission's approval.
(b) Organizations.
(i) If an organization is in violation of this Section, it shall be subject to disciplinary action by the institution, which may include suspension, expulsion, deactivation, loss of recognition, or other sanctions deemed appropriate.
(ii) If a violation by an organization of this Section results in the death of a person, the institution shall banish the organization and prohibit re-chartering, re- establishing, or operating under any name, alias, or affiliated organization.
Section 3.
R.S.
17:1801.1 is hereby repealed in its entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 11 of 11 CODING: