Hazing: Florida Law and University Policy
Florida State University Hazing Policy as stated in the Student Conduct Code
SOURCE: http://www.srr.fsu.edu/conduct/download.htm
Any group or individual action or activity that inflicts or intends to inflict physical or mental harm or discomfort or which may demean, disgrace, or degrade any person, regardless of location, intent, or consent of participant(s). Although hazing is related to a person's initiation or admission into, or affiliation with, any student group or organization, it is not necessary to have direct proof that a person's initiation or continued membership is contingent upon participation in the activity for a charge of hazing to be upheld. The actions of either active or associate members (pledges) of an organization may be considered hazing. Hazing includes, but is not limited to:
1. Interference with a student's academic performance.
2. Forced consumption of any food, alcohol, other drugs, or any other substance.
3. Forced physical activity, such as calisthenics.
4. Deprivation of food or sleep.
4. Kidnapping.
5. Any activity that would subject the individual to embarrassment or humiliation.
STATE OF FLORIDA LAW ON HAZING
Chad Meredith Act (HB 193)
Florida House of Representatives
Law in effect July 1, 2005
Summary
Hazing is the subjection of another to extreme physical or mental harassment, usually associated with into a social organization. Under current law, hazing by a college student may subject that student to university or college discipline. Hazing incidents may lead to criminal prosecution under general criminal but there are impediments that make such prosecutions difficult.
This bill creates new criminal offenses specific to hazing at the high school or college level. This bill provides that it is a first degree misdemeanor to commit an act of hazing that creates a substantial risk of physical injury or death. The offense level increases to a third degree felony if the act of hazing actually results in serious bodily injury or death.
This bill also expands the definition of hazing, and provides a limited exception for certain legitimate activities. This act is named for Chad Meredith, a student at a Florida university who died in a hazing incident.
Chad Meredith’s Story
In 2001, University of Miami student Chad Meredith returned from a concert and began drinking with two officers of Kappa Sigma, a fraternity he wished to join. After several hours of drinking, the group tried to swim across Lake Osceola near campus. Meredith had a blood alcohol level of 0.13. He drowned 34 feet from shore in six feet nine inches of water. Although, the fraternity officers protested that the incident was not a fraternity-sanctioned hazing event, a jury found otherwise, and awarded the deceased student’s family a $12.6 million verdict in a negligence suit based on hazing.
Source: House of Representatives Staff Analysis,
http://www.flsenate.gov/data/session/2005/House/bills/analysis/pdf/h0193.CRJU.pdf
State of Florida's Definition of Hazing
“Hazing” means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes, including, but not limited to, the purpose of initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution.
“Hazing” includes, but is not limited to:
- Pressuring or coercing the student into violating state or federal law;
- 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 that which could adversely affect the physical health or safety of the student;
- Any activity that which would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that which could result in extreme embarrassment;
- Other forced activity that which could adversely affect the mental health or dignity of the student.
Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.
In the State of Florida, Hazing is a Criminal Offense
A person commits hazing, a third degree felony, when he or she intentionally or recklessly commits any act of hazing upon another person who is a member of or an applicant to any type of student organization and the hazing results in serious bodily injury or death of such other person.
A person commits hazing, a first degree misdemeanor, when he or she intentionally or recklessly commits any act of hazing upon another person who is a member of or an applicant to any type of student organization and the hazing creates a substantial risk of physical injury or death to such other person.
It is not a defense to a charge of hazing that:
- The consent of the victim had been obtained;
- The conduct or activity that resulted in the death or injury of a person was not part of an official organizational event or was not otherwise sanctioned or approved by the organization; or
- The conduct or activity that resulted in death or injury of the person was not done as a condition of membership to an organization.
Source: Chad Meredith Act, HB 193
HAZING EDUCATION INITIATIVE
“Raising Awareness: Hazing and the Student Experience”
Meghan Green, M.S., 2006; Graduate Assistant, Student Rights and Responsibilities 2005-2006
Adam Goldstein, Ph.D.; Associate Dean of Students
Chad Meredith’s story is a sad one. In 2001, while enrolled at the University of Miami, Chad returned from a concert and began drinking with two officers of Kappa Sigma, a fraternity he wished to join. After several hours of drinking, the group tried to swim across Lake Osceola near campus. Chad’s blood alcohol level was 0.13, and he drowned 34 feet from shore in six feet of water. Although, the fraternity officers protested that the incident was not a fraternity-sanctioned hazing event, a jury found otherwise, and awarded the deceased student’s family a $12.6 million verdict in a negligence suit based on hazing.
In the summer of 2005, the Florida Legislature passed the Chad Meredith Act (HB193), a bill designed to address hazing in high schools and higher education. The bill clarifies the definition of hazing, makes it easier to criminalize the behavior in the courts, and clearly states that a victim’s voluntary participation is not an excuse. Under the new law, hazing is defined as, “any action that 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 postsecondary institution.” This includes, but is not limited to: (a) pressuring or coercing the student into violating state or federal law; (b) 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 that which could adversely affect the physical health or safety of the student; (c) any activity that which would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that which could result in extreme embarrassment; and (d) other forced activity that which could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.
A group of Florida State University graduate students and staff were convened in the summer of 2006 to develop an environmental strategy for raising awareness about the new hazing law. The goals of the group were to utilize the passage of the law as a catalyst for cultural change within our individual and collective communities, raise student, faculty and staff awareness about state and university expectations regarding hazing, and to educate the community about what hazing is and where to turn should they become a victim. As a result, a number of hazing education initiatives were implemented by departments throughout the Division of Student Affairs including, Athletics, Greek Life, the University Union, and Housing. This web site is a direct result of these efforts.
The students and staff members identified below contributed to the development of the hazing web site. The Florida State University community is grateful for their contributions on this very important project:
Editorial Team & Concept Development
Meghan Greene, M.S., 2006; Graduate Assistant, Student Rights and Responsibilities 2005-2006
Dennis Lanham, Graduate Assistant, Greek Life 2005-2007
Renee Rambeau, Graduate Assistant, Student Activities 2006-2007
Adam Goldstein, Associate Dean of Students
Content Development and Design
Courtney Barry, Assistant Dean of Students and Director of Greek Life
Robyn Brock, Assistant Director of Greek Life
Khadish Franklin, Assistant Director of Greek Life
Travis Redeker, Assistant Director – Sports Clubs
Alicia Crew, Director of Campus Recreation
John Lata, Director of Student Services – Athletics
Adrienne Frame, Associate Director of Housing
Miguel Hernandez, Assistant Director of Housing
Chandra Myrick, Assistant Director of Housing
David Eberhardt, Doctoral Assistant, Hardee Center for Leadership and Ethics in Higher Education
Kim McMahon, Associate Director of Oglesby Union
David Pittman, Director of Student Activities
Dani Su Armstrong, Assistant Director of Student Activities
Rebekah Dorn, Communications Coordinator, Division of Student Affairs
Brandy Furbee, Webmaster, Division of Student Affairs
