§ 140b - Unlawful conduct
§ 140b. Unlawful conduct
(a) For purposes of this subchapter, "hazing" means any intentional, knowing or reckless act committed by a student, whether individually or in concert with others, against another student:
(1) in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization which is affiliated with the educational institution; and
(2) which is intended to have the effect of, or should reasonably be expected to have the effect of, endangering the mental or physical health of the student.
(b) Hazing shall not include any activity or conduct that furthers legitimate curricular, extracurricular, or military training program goals, provided that:
(1) the goals are approved by the educational institution; and
(2) the activity or conduct furthers the goals in a manner that is appropriate, contemplated by the educational institution, and normal and customary for similar programs at other educational institutions.
(c) It shall be unlawful to:
(1) engage in hazing;
(2) solicit, direct, aid, or attempt to aid, or abet another person engaged in hazing; or
(3) knowingly fail to take reasonable measures within the scope of the person's authority to prevent hazing.
(d) It is not a defense in an action under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity. (Added 1999, No. 120 (Adj. Sess.), § 9.)