"Pledge" means any person who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in an organization.Hazing includes:
"Pledging" means any action or activity related to becoming a member of an organization. At Baylor, the term "New Member" is used in place of the term "pledge."
"Student" means any person who: (A) is registered in or in attendance at an educational institution; (B) has been accepted for admission at the educational institution where the hazing incident occurs; or (C) intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation.
"Organization" means a fraternity, sorority, association, corporation, order, society, corps, club, or service, social, or similar group, whose members are primarily students.
"Hazing" means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization.
(A) any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;Personal Hazing Offense
(B) any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
(C) any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
(D) any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subdivision; and
(E) any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.
(1) engages in hazing;Organization Hazing Offense
(2) solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;
(3) recklessly permits hazing to occur; or
(4) has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution.
Consent Not A Defense
It is not a defense to prosecution of an offense under the Texas Hazing Law that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.
Immunity From Prosecution Available
The court may grant immunity from prosecution for the offense to each person who is subpoenaed to testify for the prosecution and who does testify for the prosecution. Any person reporting a specific hazing incident involving a student in an educational institution to the dean of students or other appropriate official of the institution is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the report. Immunity extends to participation in any judicial proceeding resulting from the report. A person reporting in bad faith or with malice is not protected by this section.
Offenses In Addition To Other Penal Provisions
This Texas Hazing Law does not affect or repeal any penal law of this state. This law does not limit or affect the right of an educational institution to enforce its own penalties against hazing.
Copies of the entire hazing law enacted by the Texas legislature are available from the Judicial Affairs office or the hazing bill may be viewed in its entirety at the "Texas Legislature Online" Web site at: https://www.legis.state.tx.us/ and select the "Statute" search. Information about hazing may be found in the Texas Education Code, Chapter 37, sections 37.151 through 37.157 and Chapter 51, section 51.936.
For information regarding hazing as defined as misconduct by Baylor University, please see the "Baylor University Student Conduct Code," section III, "Misconduct Defined."
Information regarding new member procedures may be reviewed at the "Student Organizations Policies and Procedures" page.
Modified 10-8-02; 4-30-03; 8-12-03; 10-31-03; 3-24-03; 11-08-04; 6-18-13