Bill Text: CA AB299 | 2023-2024 | Regular Session | Amended

California Assembly Bill 299 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Hazing: educational institutions: civil liability: resources.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-02-01 - Consideration of Governor's veto stricken from file. [AB299 Detail]

Download: California-2023-AB299-Amended.html

Amended IN Senate September 01, 2023

Amended IN Senate July 03, 2023

Amended IN Senate June 19, 2023

Amended IN Assembly May 18, 2023

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 Sections 32050 and 32051 to the Education Code, relating to hazing.

LEGISLATIVE COUNSEL'S DIGEST

AB 299, as amended, Holden. Hazing: educational institutions: civil liability: 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, beginning January 1, 2025, 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, if the institution has direct involvement ~~in,~~ in the hazing practices of the organization, or knew or in the exercise of ordinary care reasonably should have known ~~of,~~ of the hazing practices of the organization to which the student is seeking membership and unreasonably failed to prevent, discover, or stop the hazing practices, 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 reasonably should have known of those hazing practices includes an institution that unreasonably fails to proactively prevent, discover, or stop the hazing practices. For purposes of determining whether an educational institution unreasonably ~~fails to proactively~~ failed to prevent, discover, or stop the hazing practices, the bill would ~~authorize~~ require consideration of the extent to which the institution had specific antihazing measures in place at the time of the alleged hazing incident.

This bill would also require the State Department of Education to make available on the department’s internet website, on or before July 1, 2024, 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,~~ in the hazing practices of the organization, or knew or in the exercise of ordinary care reasonably should have known ~~of,~~ of the hazing practices of the ~~organization.~~ organization and unreasonably failed to prevent, discover, or stop 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 paragraph (1) of subdivision (b), an educational institution that “reasonably should have known of the hazing practices of the organization” includes an educational institution that unreasonably fails to proactively prevent, discover, or stop the hazing practices of the organization.
~~(d)~~

(c) For purposes of determining under paragraph (1) of subdivision ~~(c)~~ (b) whether an educational institution “unreasonably ~~fails to proactively~~ failed to prevent, discover, or stop the hazing practices of the organization,” consideration ~~may~~ 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.

(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 an 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.

(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 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 following reporting procedures when they notice hazing.

~~(e)~~

(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.

~~(f)~~

(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 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, 2024, 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.