ASSAULT AND RELATED OFFENSES
631:7 Student Hazing.
I. For the purposes of this section:
(a) "Educational institution" means any public or private high school, college, university, or other secondary or postsecondary educational establishment.
(b) "Organization" means a fraternity, sorority, association, corporation, order, society, corps, athletic group, cooperative, club, or service, social or similar group, whose members are or include students, operating at or in conjunction with an educational institution.
(c) "Student" means any person regularly enrolled on a full-time or part-time basis as a student in an educational institution.
(d) "Student hazing" means any act directed toward a student, or any coercion or intimidation of a student to act or to participate in or submit to any act, when:
(1) Such act is likely or would be perceived by a reasonable person as likely to cause physical or psychological injury to any person; and
(2) Such act is a condition of initiation into, admission into, continued membership in or association with any organization.
II. (a) A natural person is guilty of a class B misdemeanor if such person:
(1) Knowingly participates as actor in any student hazing; or
(2) Being a student, knowingly submits to hazing and fails to report such hazing to law enforcement or educational institution authorities; or
(3) Is present at or otherwise has direct knowledge of any student hazing and fails to report such hazing to law enforcement or educational institution authorities.
(b) An educational institution or an organization operating at or in conjunction with an educational institution is guilty of a misdemeanor if it:
(1) Knowingly permits or condones student hazing; or
(2) Knowingly or negligently fails to take reasonable measures within the scope of its authority to prevent student hazing; or
(3) Fails to report to law enforcement authorities any hazing reported to it by others or of which it otherwise has knowledge.
III. The implied or express consent of any person toward whom an act of hazing is directed shall not be a defense in any action brought under this section.
Source. 1993, 155:1, eff. July 1, 1993.