Hazing is wrong and
has no place in Phi Psi. While sometimes put forth as a means of
testing the character of men such practices are not allowed in our
fraternity. We believe that the way to understand the true measure
of our members is to strive for excellence in values and
work.
Not only is hazing wrong it is illegal. The following are the
State of Texas laws regarding hazing.
The following
Hazing Policy was passed by the Texas State Legislature
relating to offenses related to hazing at or in
connection with an
educational institution.
1. "Educational institution" includes
a public or private:
1. high school;
or
2. college,
university, or other postsecondary educational
establishment.
2. "Pledge" means any person who has
been accepted by, is considering
an offer of membership from,
or is in the process of qualifying
for membership in any
organization.
3. "Pledging" means any action or
activity related to becoming a
member of an organization.
4. "Student" means any person who:
1. is registered
in or in attendance at an educational
institution;
2. has been
accepted for admission at the educational
institution where the hazing incident occurs; or
3. intends to
attend an educational institution during any of
its regular sessions after a period of scheduled vacation.
5. "Organization" means a fraternity,
sorority, association,
corporation, order, society,
corps, cooperative, club, or service,
social, or a similar group,
whose members are primarily students
at an educational
institution.
6. "Hazing" means any intentional
knowing, or reckless act, occurring
on or off the campus of an
educational institution, by one person
alone or acting with others,
directed against a student that
endangers the mental or
physical health or safety of a student for
the purpose of pledging,
being initiated into, affiliating with,
holding office in, or
maintaining membership in any organization
whose members are students at
an educational institution. The term
includes but is not limited
to:
1. any type of
physical brutality, such as whipping, beating,
striking, branding, electronic shocking, placing of a harmful
substance on the body, or similar activity;
2. any type of
physical activity, such as sleep deprivation,
exposure to the elements, confinement in a small space,
calisthenics, or other activity that subjects the student to
an unreasonable risk or harm or that adversely affects the
mental or physical health or safety of the student;
3. any activity
involving consumption of a food, liquid,
alcoholic beverage, liquor, drug, or other substance which
subjects the student to an unreasonable risk of harm or which
adversely effects the mental or physical health or safety of
the student;
4. any activity
that intimidates or threatens the student with
ostracism that subjects the student to extreme mental stress,
shame, or humiliation, or that adversely effects the student
from entering or remaining registered in an educational
institution, or that may reasonably be expected to cause a
student to leave the organization or the institution rather
than submit to acts described in this subsection;
5. any activity
that induces, causes, or requires the student to
perform a duty or task which involves a violation of the
Penal Code. Sec. 4.52.
Personal Hazing Offense
1. A person commits an offense if the person:
1. engages in
hazing;
2. solicits,
encourages, directs, aids, or attempts to aid
another in engaging in hazing;
3. intentionally,
knowingly, or recklessly permits hazing to
occur; or
4. has firsthand
knowledge of the planning of a specific hazing
incident involving a student in an educational institution,
or firsthand knowledge that a specific hazing incident has
occurred, and knowingly fails to report said knowledge in
writing to the Dean of Students or other appropriate
officials of the institution.
2. The offense of failing to report is a
misdemeanor punishable by a
fine not to exceed $1,000,
confinement in county jail for not more
than 180 days, or both such
fine and confinement.
3. Any other offense under this section which
does not cause serious
bodily injury to another is a
misdemeanor punishable by a fine of
not less than $500 nor more
than $1,000, confinement in county
jail for not less than 90
days nor more than 180 days, or both
such fine and confinement.
4. Any other offense under this section which
causes serious bodily
injury to another is a
misdemeanor punishable by a fine of not
less than $1,000 nor more
than $5,000, confinement in county jail
for not less than 180 days
nor more than one year, or both such
fine and confinement.
5. Any other offense under this section which
causes the death of
another is a misdemeanor
punishable by a fine of not less than
$5,000 nor more than $10,000,
confinement in county jail for not
less than one year nor more
than two years, or both such fine and
confinement.
6. Except when an offense causes the death of a
student in sentencing
a person convicted of an
offense under this section, the court may
require the person to perform
community service, subject to the
same conditions imposed on
community service probationers by
Subdivision (1), Subsection
(e), and subsections (c), (d), (g),
(h) of section 10A. Article
42.12, Code of Criminal Procedure, for
an appropriate period of time
in lieu of confinement in county
jail or in lieu of a part of
the time the person is sentenced to
confinement in county jail.
Sec. 4.53 Organization Hazing Offense
1. An organization commits an offense if the
organization condones or
encourages hazing or if an
officer or any combination of members,
pledges, or alumni of the
organization commits or assists in the
commission of hazing.
2. An offense under this section is a
misdemeanor punishable by a
fine of not less than $5,000
nor more than $10,000, or if a court
finds that the offense caused
personal injury, property damage, or
other loss. The court may
sentence the organization to pay a fine
of not less than $5,000 nor
more than double the amount loss or
expenses incurred because of
such injury, damage, or loss.
Sec. 4.54 Consent Not a Defense
It is not a defense to prosecution for the offense
under this
subchapter that the person against whom the hazing
was directed
consented to or acquiesced in the hazing activity.
Sec. 4.55 Immunity From Prosecution Available
In the prosecution of an offense under this
subchapter, the court may
grant immunity from prosecution for the offense to
each person who is
subpoenaed to testify for the prosecution and does
testify for the
prosecution. Any person reporting a specific hazing
incident involving
a student in an educational institution to the Dean
of Students or
other appropriate official of the institution is
immune from
liability, civil, or criminal, that might otherwise
be incurred or
imposed as a result of the report. Immunity extends
to participation
in any judicial proceeding resulting from the report.
A person
reporting in bad faith or with malice is not
protected by this
section.
Sec. 4.56 Offenses in Addition to Other Penal
Provisions
This subchapter does not affect or repeal any penal
law of this state.
Nothing in this subchapter shall limit or affect the
right of an
educational institution to enforce its own penalties
against hazing.
Sec. 4.57 Reporting by Medical Authorities
Treatment of a student who may have been subjected to
hazing
activities may be reported to police or other law
enforcement
officials. The doctor of medical practitioner so
reporting shall be
immune from civil suit or other liability that might
otherwise be
imposed or incurred as a result of the report, unless
the report is
made in bad faith or with malice.
Sec. 4.58 Publication of Subchapter
1. Each postsecondary educational institution
shall cause to be
published or distributed to
each student during the first three
weeks of each semester a
summary of the provisions of this
subchapter.
2. The institution shall publish or distribute
in the same manner a
list of organizations that
have been disciplined for hazing or
convicted for hazing on or
off the campus of the institution
during the previous three
years.
3. If the institution publishes a general
catalog, student handbook,
or similar publication, it
shall publish a summary of the
provisions of this subchapter
in each edition of that catalog,
handbook, or similar
publication.
Section 3 Sec. 4.19
Education Code is repealed
Section 4
If any provision of this Act or its application to
any person, entity,
or circumstances is held invalid, the invalidity does
not affect other
provisions or applications of this Act that can be
given effect
without the invalid provision or application, and to
this end the
provisions or applications of this Act that can be
given effect
without the invalid provision or application, and to
this end the
provisions of this Act are declared to be severable.
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