Oklahoma § 21-1190 - Hazing - Prohibition - Presumption as forced activity Penalty - Definition

§ 21-1190. Hazing - Prohibition - Presumption as forced activity Penalty - Definition

A. No student organization or any person associated with any

organization sanctioned or authorized by the governing board of any

public or private school or institution of higher education in this

state shall engage or participate in hazing.

B. Any hazing activity described in subsection F of this

section upon which the initiation or admission into or affiliation

with an organization sanctioned or authorized by a public or private

school or by any institution of higher education in this state is

directly or indirectly conditioned shall be presumed to be a forced

activity, even if the student willingly participates in such

activity.

C. A copy of the policy or the rules and regulations of the

public or private school or institution of higher education which

prohibits hazing shall be given to each student enrolled in the

school or institution and shall be deemed to be part of the bylaws

of all organizations operating at the public school or the

institution of higher education.

D. Any organization sanctioned or authorized by the governing

board of a public or private school or of an institution of higher

education in this state which violates subsection A of this section,

upon conviction, shall be guilty of a misdemeanor, and may be

punishable by a fine of not more than One Thousand Five Hundred

Dollars ($1,500.00) and the forfeit for a period of not less than

one (1) year all of the rights and privileges of being an

organization organized or operating at the public or private school

or at the institution of higher education.

E. Any individual convicted of violating the provisions of

subsection A of this section shall be guilty of a misdemeanor, and

may be punishable by imprisonment for not to exceed ninety (90) days

in the county jail, or by the imposition of a fine not to exceed

Five Hundred Dollars ($500.00), or by both such imprisonment and

fine.

F. For purposes of this section:

1. "Hazing" means an activity which recklessly or intentionally

endangers the mental health or physical health or safety of a

student for the purpose of initiation or admission into or

affiliation with any organization operating subject to the sanction

Oklahoma Statutes - Title 21. Crimes and Punishments

of the public or private school or of any institution of higher

education in this state;

2. "Endanger the physical health" shall include but not be

limited to any brutality of a physical nature, such as whipping,

beating, branding, forced calisthenics, exposure to the elements,

forced consumption of any food, alcoholic beverage as defined in

Section 506 of Title 37 of the Oklahoma Statutes, low-point beer as

defined in Section 163.2 of Title 37 of the Oklahoma Statutes, drug,

controlled dangerous substance, or other substance, or any other

forced physical activity which could adversely affect the physical

health or safety of the individual; and

3. "Endanger the mental health" shall include any activity,

except those activities authorized by law, which would subject the

individual to extreme mental stress, such as prolonged sleep

deprivation, forced prolonged exclusion from social contact, forced

conduct which could result in extreme embarrassment, or any other

forced activity which could adversely affect the mental health or

dignity of the individual.

Added by Laws 1990, c. 165, § 3, eff. July 1, 1990. Amended by Laws

1995, c. 274, § 6, eff. Nov. 1, 1995.