Laws and Campus Policies on Hazing

Hazing is a violation of both the University's Standards of Conduct and California law, whether the alleged activities occurred on campus or off campus. Student organizations and/or individual students accepting responsibility or found responsible for hazing may be suspended or dismissed from the University in addition to facing potential criminal sanctions, such as prison incarceration and monetary fines. Student organizations, sports clubs, and athletic teams involved in alleged hazing activities may lose their status as campus organizations.

The policy reads as follows: 

102.12 – Hazing  Participation in hazing or any method of initiation or pre-initiation into a campus organization or other activity engaged in by the organization or members of the organization at any time that causes, or is likely to cause, physical injury, psychological harm, or personal degradation or disgrace resulting in psychological harm to any student or other person. 

 Hazing may include any action or social expectation that intentionally or unintentionally humiliates, degrades, or endangers them, regardless of a person's willingness to participate.   

In addition to managing the student conduct process for individuals, the Center for Student Accountability, Growth, and Education (SAGE) works with several campus partners, including the Center for Student Involvement, on cases regarding non-academic misconduct by Student Organizations. It is the belief of SAGE and these partners that students should be able to make informed choices when pursuing ways to get involved on campus. Therefore we have provided information below on Student Organizations' most recent conduct case summaries to assist students in making these decisions.

Here you will find some brief information on the disciplinary status of some of our student organizations: Student Organization Case Summaries

Matt's Law (Senate Bill 1454)

Matt's Law, (Senate Bill 1454) sponsored by Tom Torlakson (D-Antioch, CA), is a California law that allows for felony prosecutions when serious injuries or deaths result from hazing rites. The bill increases the severity of charges for some hazing rituals, from misdemeanors to felonies, and for the first time gives prosecutors the ability to seek hazing charges against non students. In a 34-2 vote, Matt’s Law passed the state Senate on May 30th, 2006. On September 19, 2006, the statute was signed into law by governor Arnold Schwarznegger.

Matt's Law was named in memory of Matt Carrington, a 21-year-old California State University, Chico student from Concord, California. Carrington died in the basement of a fraternity house located two short blocks from campus.

Prior to the enactment of Matt's Law, hazing — even in the case of death — was only a misdemeanor, as part of California's education code, rather than punishable under the state's penal code. Matt's law prevents unaffiliated fraternities from using the argument that they cannot be punished for hazing, simply because they are not student organizations. The law also gives prosecutors clear authority to bring charges against anyone or any organization involved in hazing, not just currently enrolled students.

BILL TEXT
PASSED THE SENATE - AUGUST 30, 2006
PASSED THE ASSEMBLY - AUGUST 24, 2006
INTRODUCED BY Senator Torlakson
February 23, 2006
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SEC. 3. Section 245.6 is added to the Penal Code, to read:

(a) This section shall be known and may be cited as "Matt's Law" in memory of Matthew William Carrington, who died on February 2, 2005 as a result of hazing.

(b) As used in this section "hazing" or "haze" is conduct which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to another person in the course of the other person's preinitiation into, initiation into, affiliation with, holding office in, or maintaining membership in any organization. The terms "hazing" or "haze" do not include customary athletic, fire department, police department, military, or quasi-military training, conditioning, or similar events or activities.

(c) Any person who hazes or conspires to participate in hazing is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100), nor more than five thousand dollars ($5,000), or imprisonment in the county jail not to exceed one year, or by both fine and imprisonment.

(d) Any person who hazes or conspires to participate in hazing which results in death, great bodily injury, or great psychological injury is guilty of a felony punishable by imprisonment in the state prison.

(e) An organization is guilty of violating subdivisions (b) or (c) if the organization's agents, directors, trustees, managers, or officers authorized, requested, commanded, encouraged, participated in, ratified, or tolerated the hazing.

(f) The implied or expressed consent of the person or persons against whom the hazing was directed shall not be a defense to any action brought under this section.

(g) This section does not apply to the person against whom the hazing was directed.

(h) This section shall not, in any manner, limit or exclude prosecution or punishment for any other crime or any civil remedy.

(i) The person against whom the hazing is directed may commence a civil action for injury or damages, including mental and physical pain and suffering that results from the hazing. The action may be brought against any participants in the hazing, or any organization whose agents, directors, trustees, managers, or officers authorized, requested, commanded, encouraged, participated in, ratified, or tolerated the hazing. If the organization is a corporation, whether for profit or not, the individual directors of the corporation maybe held individually liable for damages.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

rev. 4/2007 SA-KW

AB 524, the Campus-Recognized Sorority and Fraternity Transparency Act

A.B. 524, the Postsecondary education: Campus-Recognized Sorority and Fraternity Transparency Act adds Chapter 5.2 (commencing with Section 66310) to Part 40 of Division 5 of Title 3 of the Education Code, relating to postsecondary education.

This bill requires each institution of higher education to include in the institution’s requirements for campus recognition of a campus-recognized sorority or fraternity, as defined, a requirement that the sorority or fraternity submit to the institution on or before July 1, 2023, and annually thereafter, specified information concerning the sorority’s or fraternity’s members and their conduct. The bill requires the institution to suspend the campus recognition of any campus-recognized sorority or fraternity that does not comply with the reporting requirements. The bill requires each institution with sororities or fraternities to compile and maintain the collected information into a publicly accessible report posted, and archived, on each respective campus’ Greek Life internet homepage or its equivalent for a minimum of 10 years and sent through a campuswide email to all enrolled students on or before October 1, 2023, and annually thereafter. 

AB 2193: Hazing: educational institutions: prohibition and civil liability: reports and resources

A.B. 2193, Hazing: educational institutions: prohibition and civil liability: reports and resources, adds Section 32051 to, and adds Chapter 5.1 (commencing with Section 66305) to Part 40 of Division 5 of Title 3 of, the Education Code, relating to hazing.

This bill expressly prohibits a person from being subjected to hazing in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. The bill defines an educational institution as a public or private institution of higher education in the state. Beginning January 1, 2026, this bill additionally authorizes a former, current, or prospective student, against whom hazing is directed and who has suffered injury as a result, to commence a civil action against an educational institution if (1) the institution has direct involvement in the hazing practice of the organization, or knew or should have known of the hazing practice and failed to take reasonable steps to prevent the hazing practice, (2) the organization involved in the hazing is affiliated with the educational institution at the time of the alleged hazing incident, and (3) the alleged hazing incident occurred on or after January 1, 2026. For purposes of determining whether an educational institution “knew or should have known of the hazing practice and failed to take reasonable steps to prevent the hazing practice of the organization,” the bill would establish a rebuttable presumption that an educational institution took reasonable steps to address hazing if the educational institution has specified antihazing measures. The bill requires the Trustees of the California State University, the Regents of the University of California, and certain independent institutions of higher education, on or before June 30, 2026, and annually thereafter, to report to the appropriate policy committees of the Legislature the number of hazing incidents that constituted a violation of the institution’s policy prohibiting hazing and whether the violation was affiliated with a student organization, as specified.

This bill also requires the State Department of Education to make available on the department’s internet website, on or before July 1, 2025, a model antihazing policy for local educational agencies and resources on hazing prevention for professional development purposes and to increase awareness among pupils, school staff, and community members of the dangers of hazing.

H.R.5646 - Stop Campus Hazing Act

This act requires institutions of higher education (IHEs) that participate in federal student aid programs to report hazing incidents. It also renames the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act as the Jeanne Clery Campus Safety Act. In compliance with the Clery Act, UC San Diego publishes the Annual Security & Fire Safety Report.

Specifically, the act requires each IHE to disclose hazing incidents that were reported to campus security authorities or local police agencies in its annual security report. The act defines the term hazing to mean any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that (1) is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization (e.g., a club, athletic team, fraternity, or sorority); and (2) causes or creates a risk, above the reasonable risk encountered in the course of participation in the IHE or the organization, of physical or psychological injury.

Additionally, each IHE must include in its annual security report (1) a statement of current policies relating to hazing, how to report hazing incidents, the process used to investigate hazing incidents, and information on applicable laws on hazing; and (2) a statement of policy regarding prevention and awareness programs relating to hazing that includes a description of prevention programs.

Further, an IHE must develop a campus hazing transparency report that summarizes findings concerning any student organization found to be in violation of the IHE's standards of conduct relating to hazing. An IHE is not required to develop or update this report unless the IHE has a finding of a hazing violation.

The act does not apply to foreign IHEs.