Amended  IN  Assembly  April 25, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2193

Introduced by Assembly Member Holden
(Coauthor: Assembly Member McKinnor)

February 07, 2024

An act to add Sections 32050 and Section 32051 to to, and to add Chapter 5.1 (commencing with Section 66305) to Part 40 of Division 5 of Title 3 of, the Education Code, relating to hazing.


LEGISLATIVE COUNSEL'S DIGEST


AB 2193, as amended, Holden. Hazing: educational institutions: prohibition and civil liability: reports and resources.
Existing law makes it unlawful to engage in hazing, which is defined as a 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, that is likely to cause serious bodily injury to a former, current, or prospective student of a school, community college, college, university, or other educational institution in the state. Existing law establishes civil liability for hazing participants or the organization if it is involved in the hazing.
This bill would expressly prohibit a person from being subjected to hazing in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. The bill would define an educational institution as a public or private institution of higher education in the state. The bill would, beginning January 1, 2025, 2026, additionally establish civil liability for an educational institution, which the bill would define as a public or private institution of higher education in the state, institution if (1) the institution has direct involvement in the hazing practices practice of the organization, or knew or should have known of the hazing practices practice and failed to take reasonable steps to stop the hazing practices, or unreasonably failed to prevent or discover the hazing practices of the organization, practice, and (2) the organization involved in the hazing is affiliated with the educational institution at the time of the alleged hazing incident. For purposes of determining whether an educational institution “knew or should have known of the hazing practices practice and failed to take reasonable steps to stop the hazing practices, or unreasonably failed to prevent or discover the hazing practices practice of the organization,” the bill would require consideration to be given to the extent that the institution had specific antihazing measures in place at the time of the alleged hazing incident. establish a rebuttable presumption that an educational institution took reasonable steps to address hazing if the educational institution had taken specified antihazing measures. The bill would require the Trustees of the California State University, the Regents of the University of California, and the appropriate governing bodies of certain independent institutions of higher education, on or before June 30, 2026, and annually thereafter, to report to the appropriate policy committees of the Legislature the number of hazing, as defined for purposes of this report, incidents that constituted a violation of the institution’s policy prohibiting hazing, and, whether the violation was affiliated with a student organization, as specified.
This bill would also require the State Department of Education to make available on the department’s internet website, on or before July 1, 2025, a model antihazing policy for local educational agencies and resources on hazing prevention for professional development purposes and to increase awareness among pupils, school staff, and community members of the dangers of hazing.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 32050 is added to the Education Code, immediately following the heading of Article 5 of Chapter 1 of Part 19 of Division 1 of Title 1, to read:
32050.

(a)For purposes of this section, the following definitions apply:

(1)“Affiliated” means currently recognized or sanctioned by the educational institution. For purposes of this section, an organization that had previously been recognized or sanctioned by the educational institution but has subsequently had that recognition or sanction withdrawn shall not be considered affiliated.

(2)“Educational institution” means a public or private institution of higher education in the state. The term includes the officers, employees, or governing bodies of the institution.

(3)“Hazing” means a method of initiation or preinitiation into a student organization or student body that is likely to cause serious bodily injury to a former, current, or prospective student of an educational institution. “Hazing” does not include customary athletic events or school-sanctioned events.

(b)Beginning January 1, 2025, a person against whom hazing is directed may commence a civil action for injury or damages. In addition to bringing an action against any participants in the hazing or the organization pursuant to subdivision (e) of Section 245.6 of the Penal Code, an action may be brought against any educational institution for the hazing practices of the organization involving one or more students if both of the following apply:

(1)The educational institution has direct involvement in the hazing practices of the organization, knew or should have known of the hazing practices and failed to take reasonable steps to stop the hazing practice, or unreasonably failed to prevent or discover the hazing practices of the organization.

(2)At the time of the alleged hazing incident, the organization involved in the hazing is affiliated with the educational institution.

(c)For purposes of determining under paragraph (1) of subdivision (b) whether an educational institution “should have known of the hazing practices and failed to take reasonable steps to stop the hazing practice, or unreasonably failed to prevent or discover the hazing practices of the organization,” consideration shall be given to the extent that the institution, at the time of the alleged hazing incident, had each of the following measures in place:

(1)Adoption and distribution of a written antihazing policy consisting of rules and procedures for hazing prevention, intervention, and discipline, including all of the following:

(A)Prohibition on hazing.

(B)Notice of how violations will be enforced.

(C)Requirements for the reporting of potential hazing.

(D)Examples of unacceptable activities and behaviors.

(E)Required education and training, as described in paragraph (3).

(F)Annual distribution of the policy by means other than online posting.

(G)Designation of at least one employee to oversee the implementation of the antihazing policy.

(H)Posting the antihazing policy online in a readily accessible and prominent location on the educational institution’s internet website in a manner that is easily accessible to the public.

(2)Implementation of a reasonable antihazing investigation, enforcement, and reporting program that includes all of the following:

(A)Gathering confidential data about student experiences with hazing with affiliated student organizations.

(B)Incorporation of the data gathered under subparagraph (A) to build or refine institution-specific hazing prevention strategies.

(C)A reasonable and good faith process for diligently investigating and responding to reports of hazing in a timely manner.

(D)Documentation of investigations required by subparagraph (C).

(E)Enforcing hazing violations with appropriate penalties, including fines, withholding diplomas or transcripts, discipline such as probation, suspension, or dismissal, and rescission of permission for an affiliated student organization to operate on campus property or be affiliated with the educational institution.

(F)Reporting of hazing incidents to law enforcement or other appropriate third parties when applicable.

(G)Annual reporting online in a readily accessible and prominent location on the institution’s internet website on past hazing violations without disclosing personal identifying information of students.

(3)Implementation of a reasonable institutionwide antihazing education and training program that does all of the following:

(A)Aligns with the educational institution in having a primary concern for student safety.

(B)Reinforces that all students, faculty, and staff are responsible for following reporting procedures when they notice hazing.

(C)Requires training on antihazing policies, early intervention, reporting, and creating a safe school environment.

(d)A civil action brought under this section or Section 245.6 of the Penal Code may seek damages for emotional injuries as a component of actual damages, in addition to any other remedies available under law, including, but not limited to, damages for bodily injury or harm.

(e)This section does not prohibit or limit any other potential cause of action under any other law that is available to a person against whom hazing is directed.

SEC. 2.SECTION 1.

 Section 32051 is added to the Education Code, to read:

32051.
 (a) For purposes of this section, the following definitions apply:
(1) “Hazing” means a method of initiation or preinitiation into a student organization or student body that is likely to cause serious bodily injury to a former, current, or prospective pupil of a school. “Hazing” does not include customary athletic events or school-sanctioned events.
(2) “School” means a public or private school in the state maintaining kindergarten or any of grades 1 to 12, inclusive.
(b) On or before July 1, 2025, the department shall make available on the department’s internet website both of the following:
(1) A model antihazing policy for local educational agencies.
(2) Resources on hazing prevention for professional development purposes and for increasing awareness among pupils, school staff, and community members of the dangers of hazing.
(c) Schools are encouraged to use the resources made available by the department pursuant to paragraph (2) of subdivision (b) for professional development purposes and for increasing awareness among pupils, school staff, and community members of the dangers of hazing.

SEC. 2.

 Chapter 5.1 (commencing with Section 66305) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER  5.1. Stop Campus Hazing Act

66305.
 This chapter shall be known, and may be cited, as the Stop Campus Hazing Act.

66306.
 Unless the context otherwise requires, for purposes of this chapter, the following definitions shall apply:
(a) “Affiliated” means currently recognized or sanctioned by the educational institution. For purposes of this chapter, an organization that had previously been recognized or sanctioned by the educational institution but has subsequently had that recognition or sanction withdrawn shall not be considered affiliated.
(b) “Educational institution” means a public or private institution of higher education in the state. The term includes the officers, employees, or governing bodies of the institution.
(c) “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 former, current, or prospective student of any school, community college, college, university, or other educational institution in this state. The term “hazing” does not include customary athletic events or school-sanctioned events.

66307.
 No person shall be subjected to hazing in any program or activity conducted by any educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.

66308.
 (a) Beginning January 1, 2026, a person against whom hazing is directed may commence a civil action for injury or damages. In addition to bringing an action against any participants in the hazing or the organization pursuant to subdivision (e) of Section 245.6 of the Penal Code, an action may be brought against any educational institution for the hazing practice of the organization involving one or more students if both of the following apply:
(1) The educational institution had direct involvement in the hazing practice of the organization, or knew or should have known of the hazing practice and failed to take reasonable steps to stop the hazing practice of the organization.
(2) At the time of the alleged hazing incident, the organization involved in the hazing is affiliated with the educational institution.
(b) For purposes of paragraph (1) of subdivision (a), there shall be a rebuttable presumption that an educational institution took reasonable steps to stop the hazing practice of the organization if the educational institution has done all of the following:
(1) (A) Updated existing rules and regulations governing student behavior to include a prohibition on hazing and adopted applicable penalties for the violation of the hazing prohibition.
(B) Adopted procedures by which all students are informed of the updated rules and regulations, with applicable penalties, and any revisions to the rules and regulations.
(2) (A) Updated existing rules and regulations governing employee behavior to include a prohibition on hazing and adopted applicable penalties for the violation of the hazing prohibition.
(B) Adopted procedures by which all employees are informed of the updated rules and regulations, with applicable penalties, and any revisions to the rules and regulations.
(3) (A) Implemented a comprehensive prevention and outreach program addressing hazing. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness-raising campaigns, primary prevention, bystander intervention, and risk reduction. An outreach program shall be provided to make students aware of the educational institution’s policy on the prohibition on hazing, and, at a minimum, include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the educational institution’s overall prohibition on hazing policy. For purposes of this paragraph, “comprehensive prevention and outreach program” includes, but is not limited to, providing information to students about all of the following:
(i) Hazing awareness, prevention, and the educational institution’s policy on the prohibition of hazing.
(ii) Campus policies and resources relating to hazing, including how to report hazing to the appropriate campus personnel.
(iii) A focus on prevention and bystander intervention training as it relates to hazing.
(B) The comprehensive prevention and outreach program to address hazing shall be part of every incoming student’s orientation and shall be offered annually to the following campus-affiliated organizations:
(i) Athletic teams.
(ii) Campus-recognized sororities and fraternities.
(c) A civil action brought under this section or Section 245.6 of the Penal Code may seek damages for emotional injuries as a component of actual damages, in addition to any other remedies available under law, including, but not limited to, damages for bodily injury or harm.
(d) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law, and do not limit any rights or remedies under existing law.

66309.
 (a) On or before June 30, 2026, and on or before June 30 of each year thereafter, the Trustees of the California State University, the Regents of the University of California, and the appropriate governing bodies of each independent institution of higher education that is a “qualifying institution,” as defined in subdivision (l) of Section 69432.7, shall report to the appropriate policy committees of the Legislature the number of hazing incidents that constituted a violation of the institution of higher education’s policy prohibiting hazing, and, whether the violation was affiliated with a student organization. The report shall be disaggregated by campus.
(b) Notwithstanding any other requirement of this section, a report required pursuant to this section shall comply with all applicable state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).
(c) As used in this section, the following definitions apply:
(1) “Hazing” means an intentional, knowing, or reckless act committed by a student or an employee of the institution of higher education, whether individually or in concert with other persons against another student, regardless of that student’s willingness to participate, that was committed in connection with the initiation into, or the maintenance of membership in, any affiliated organization that is recognized or sanctioned by the institution of higher education, including any clubs, associations, fraternity, sorority, or athletic teams recognized or sanctioned by that institution; and, is likely to cause or causes serious bodily injury or serious mental harm, or death to a current student of an education institution. “Hazing” does not include customary athletic events or school-sanctioned events.
(2) “Student organization” means any of the following:
(A) An intercollegiate athletic program at the institution of higher education.
(B) A sorority or fraternity that has officially met the formal chartering and recognition requirements at the institution of higher education where it operates.
(C) An organization recognized or sanctioned by the institution of higher education whose membership includes more than 100 students.