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The Florida Senate

2001 Florida Statutes

SECTION 326
Hazing prohibited at community colleges.
Section 240.326, Florida Statutes 2001

1240.326  Hazing prohibited at community colleges.--

(1)  As used in this section, "hazing" means any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating under the sanction of a community college, which organization is hereinafter referred to as a "community college organization." Such term includes, but is not limited to, any brutality of a physical nature, such as whipping; beating; branding; forced calisthenics; exposure to the elements; forced consumption of any food, liquor, drug, or other substance; or other forced physical activity which could adversely affect the physical health or safety of the individual, and also includes any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or other forced activity which could adversely affect the mental health or dignity of the individual. For the purposes of this section, any activity as described above upon which the initiation or admission into or affiliation with a community college organization is directly or indirectly conditioned shall be presumed to be a "forced" activity, the willingness of an individual to participate in such activity notwithstanding.

(2)  Each community college shall adopt a written antihazing policy and, pursuant to such policy, shall adopt rules prohibiting students or other persons associated with any community college organization from engaging in any activity which can be described as hazing.

(a)  Each community college shall provide a program for the enforcement of such rules and shall adopt appropriate penalties for violations of such rules, to be administered by the person or agency at the community college responsible for the sanctioning of such community college organizations.

1.  Such penalties may include the imposition of fines; the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines; and the imposition of probation, suspension, or dismissal.

2.  In the case of a community college organization which authorizes hazing in blatant disregard of such rules, penalties may also include rescission of permission for that organization to operate on campus property or to otherwise operate under the sanction of the community college.

3.  All penalties imposed under the authority of this subsection shall be in addition to any penalty imposed for violation of any of the criminal laws of this state or for violation of any other community college rule to which the violator may be subject.

(b)  Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing.

(3)  Upon approval by the State Board of Education of the antihazing policy of a community college and of the rules and penalties adopted pursuant thereto, the community college shall provide a copy of such policy, rules, and penalties to each student enrolled in that community college and shall require the inclusion of such policy, rules, and penalties in the bylaws of every organization operating under the sanction of the community college.

(4)  Any amendments to such approved policy, rules, or penalties shall be submitted, within 10 days after the adoption of such amendments, to the State Board of Education for its approval.

History.--s. 4, ch. 81-263; s. 35, ch. 2000-158; s. 9, ch. 2000-240; s. 3(7), ch. 2000-321.

1Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.