Amended  IN  Assembly  April 11, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 299

Introduced by Assembly Member Holden

January 26, 2023

An act to add Section 32050 to the Education Code, relating to hazing.


LEGISLATIVE COUNSEL'S DIGEST


AB 299, as amended, Holden. Hazing: educational institutions: civil liability.
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 additionally establish civil liability for an educational institution if the institution has direct involvement in, or knew or should have known of, the dangerous hazing practices of the organization to which the student is seeking membership and the organization involved in the hazing is affiliated with the educational institution at the time of the alleged hazing incident. The bill would specify that an educational institution that should have known of those dangerous hazing practices includes an institution that fails to proactively prevent, discover, or stop the dangerous hazing practices. For purposes of determining whether an educational institution fails to proactively prevent, discover, or stop the dangerous hazing practices, the bill would authorize consideration of the extent to which the institution had specific antihazing measures in place at the time of the alleged hazing incident.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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 recognized or sanctioned by the educational institution.

(1)

(2) “Educational institution” means a public or private school maintaining kindergarten or any of grades 1 to 12, inclusive, in the state, or a public or private institution of higher education in the state. The term includes the officers, employees, or governing bodies of the school or institution.

(2)

(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) 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 dangerous hazing practices of the organization involving one or more students if both of the following apply:
(1) The educational institution has direct involvement in, or knew or should have known of, the dangerous 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 paragraph (1) of subdivision (b), an educational institution that “should have known of the dangerous hazing practices of the organization” includes an educational institution that fails to proactively prevent, discover, or stop the dangerous hazing practices of the organization.
(d) For purposes of determining under subdivision (c) whether an educational institution “fails to proactively prevent, discover, or stop the dangerous hazing practices of the organization,” consideration may 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) For educational institutions, all of the following:

(A)

(i) Prohibition on hazing, as defined in Section 245.6 of the Penal Code.

(B)

(ii) Notice of how violations will be enforced.

(C)

(iii) Requirements and rewards for the reporting of potential hazing.

(D)

(iv) Examples of unacceptable activities and behaviors.

(E)

(v) Required education and training, as described in paragraph (3).
(vi) Annual distribution of the policy by means other than online posting.
(B) For public and private institutions of higher education, both of the following:

(F)

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

(G)(i)

(ii) 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.

(ii)

(C) For educational institutions serving kindergarten or any of grades 1 to 12, inclusive, posting the policy with the other bullying and harassment prevention information described in Section 234.6 on the relevant local educational agency’s internet website.

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

(2) Implementation of an antihazing investigation, enforcement, and reporting program that includes all of the following:
(A) For educational institutions, all of the following:

(A)(i)

(i) Routine confidential surveying of students to gather data about their experiences with hazing or other negative experience with affiliated student organizations.
(ii) Incorporation of the data gathered under clause (i) to build or refine institution-specific hazing prevention strategies.

(B)

(iii) Active investigation of each student organization regardless of that has received any hazing reports associated with the affiliated student organization. reports.

(C)

(iv) Immediate response to, and diligent investigations of, hazing reports.
(B) For public and private institutions of higher education, all of the following:

(D)

(i) 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.

(E)

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

(F)

(iii) 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 For public and private institutions of higher education, implementation of an institutionwide antihazing education and training program that does all of the following:
(A) Aligns with the educational institution having a primary concern for student safety.
(B) Reinforces that all students, faculty, and staff are responsible for taking action following reporting procedures when they notice potential hazing.
(C) Requires training on antihazing policies, early intervention, reporting, and creating a safe school environment.
(e) 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.
(f) 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.