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Concord Academy

Appendix H: Chapter 269: Crimes Against the Public Peace

Chapter 269: Crimes Against the Public Peace

The Commonwealth of Massachusetts

CHAPTER 269, SECTION 17

Definition and Penalty of the Crime of Hazing

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than $3,000 or by imprisonment in a house of correction for not more than one year, or by both such fine and imprisonment.

The term “hazing” as used in this section and in sections 18 and 19, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.

Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this section. Added by St. 1985, c. 536; amended by St. 1987, c. 655.

CHAPTER 269, SECTION 18

Duty to Report Hazing

Whoever knows that another person is the victim of hazing as defined in section 17 and is at the scene of such a crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than $1,000. Added by St. 1985, c. 536; amended by St. 1987, c. 665.

CHAPTER 269, SECTION 19

Hazing Statutes to be Provided;

Statement of Compliance and Discipline Policy Required

Each institution of secondary education and each public and private institution of post-secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections 17 and 18; provided, however, that an institution’s compliance with this section and sections 17 and 18 to unaffiliated student groups, team or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organization.

Each such group, team or organization shall distribute a copy of this section and sections 17 and 18 to each of its members, plebes, pledges, or applicants for membership. It shall be the duty of each group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgment stating that such group, team or organization has received a copy of this section and sections 17 and 18, that each of its members, plebes, pledges, or applicants has received a copy of this section and sections 17 and 18, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections 17 and 18.

Each institution of secondary education and each public or private institution of post-secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full-time student in such institution a copy of this section and sections 17 and 18.

Each institution of secondary education and each public or private institution of post-secondary education shall file, at least annually, a report with the regents of higher education, and in the case of secondary schools, the board of education, certifying that such institution has complied with its responsibility to inform student groups, team or organizations and to notify each full-time student enrolled by it of the provisions of this section and sections 17 and 18 and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution’s policies to its students. The board of regents and, in the case of secondary institutions, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report. Added by St. 1985, c. 536; amended by St. 1987, c. 665.