TAMIU Student Handbook 2022-2023

Page 16 of 92 Both failing to report hazing and hazing that does not result in serious bodily injury are Class B misdemeanors. Hazing that results in serious bodily injury is a Class A misdemeanor. Hazing resulting in a death is a state jail felony. An organization found guilty of hazing may be fined $5,000 to $10,000 or, for incidents causing personal injury or property damage, an amount doubles the loss or expenses incurred because of the hazing incident. It is not a defense to prosecution that the person hazed consented to the hazing activity. A person reporting a specific hazing incident to the University is immune from civil and criminal liability unless the report is made in bad faith. This include immunity to student conduct charges. State law does not limit or affect an education institution’s right to enforce its own penalties against hazing. The Education Code (Texas Education Code, Chapter 37) defines hazing as “any intentional, knowing, or reckless act occurring on or off the campus of an educational institution by one person or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization.” The statute contains a list of conduct, which constitutes hazing. Examples of hazing include, but are not limited to: a. Any type of physical brutality such as whipping, beating, striking, branding, electronic shocking should this be electric shocking, placing of a harmful substance on the body, or similar activities; b. Involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; c. Involves consumption of food, liquid, alcoholic beverages, drugs, or other substance which subjects the individual to risk of harm, or which adversely affects the mental or physical health or safety of the person; d. Any activity that involves coercing the student to consume a drug; an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated. e. Any activity that induces or requires the student to perform a duty or task, which involves a violation of the Penal Code. If you have knowledge of the plann ing or occurrence of a specific hazing incident, you must repo rt it. Students who learn o f hazing should report it via the TAMIU ReportIt form available at www.tamiu.edu/reportit or: