15 - Hazing Regulations

Hazing

Any organization, individual, or agency not acting in accordance with the Alfred State Hazing Regulations and the NYS Penal Code will be subject to disciplinary action.

Range of Sanctions (individuals): Disciplinary Probation to Disciplinary Expulsion

Range of Sanctions (organization): Disciplinary Suspension to Disciplinary Expulsion

Information: Organizations which operate upon the campus of Alfred State or upon the property of Alfred State used for educational purposes or any recognized organizations operating off campus, shall be prohibited from taking any action, creating or participating in the creation of any situation which recklessly or intentionally endangers the mental of physical health of any person, or which involves the forced consumption of alcoholic beverages or drugs by a person for the purpose of initiation into or affiliation with any organization. Any organization which permits the prohibited conduct described shall be subject to the permanent rescision of permission to operate upon the campus or upon the property of the state-operated institution used for educational purposes; or, in the alternative, a period of suspension of said permission to operate; or probationary status with supervised conditions of operation. The penalty provided in the subdivision shall be in addition to any penalty which may be imposed pursuant to the Penal Law and any other provision of law, or to any penalty to which an individual may be subject pursuant to 8 NYCRR 535.

Section 6450 (1) of the Educational Law requires that the provisions of 8 NYCRR 535, which prohibits reckless or intentional endangerment to health of forced consumption of alcoholic beverages or drugs for the purpose of initiation into or affiliation with any organization, shall be deemed to be part of the bylaws of all organizations which operate upon the campus of any state-operated institution used for educational purposes. The statute further requires that each such organization shall review these bylaws annually with individuals affiliated with the organization.

Alfred State also enforces local, state, and federal laws, specifically including, but not limited to, NYS Penal Law, NYS Education Law, and New York Code Rules and Regulations (NYCRR).

Under the Penal Law, a person can be found guilty of hazing in the first degree (a Class A misdemeanor) if the person is found to be “intentionally or recklessly engaging in conduct which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury” (Penal Law, 120.16). An offense designated as hazing in the second degree (a violation) incorporates a nearly identical definition except that no actual injury to any person need be proved (Penal Law, 120.17). A conviction of this offense can carry up to 15 days in jail, a monetary fine, and community service obligations.

Whenever the chief administrative officer has determined on the basis of a complaint or personal knowledge that there are reasonable grounds to believe that a violation(s) exists of these provisions by any organization which shall state the provision proscribing the conduct and shall specify the facts alleged to constitute such violation.

Such written charges shall be served upon the principal student officer of the organization by the College. Upon written request by an authorized representative of the organization, the associate dean for judicial affairs, as the vice president for student affairs’ designee, shall provide the representative of the organization an opportunity for a hearing. The Student Conduct Committee shall hear or receive any testimony or evidence which is relevant and material to the issues presented by the charge which will contribute to a full and fair consideration therefore and determination thereon. In cases of alleged violations of recognized Greek organizations, the cases shall be heard before the Greek Judicial Board. The organization’s representative may confront and examine witnesses against it and may produce witnesses and documentary evidence on its behalf. The Student Conduct Committee (or where appropriate, the Greek Judicial Board) shall submit written findings of fact and recommendations for dispositions of the charge to the associate dean for judicial affairs. Notice of the decision shall be in writing, shall include the reasons supporting such decision, and shall be served on the principal officer of the organization by mail in the manner described in the above paragraph within a reasonable time after such decision is made.