Senate Bill No. 588

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[Originating in the Committee on Education;
reported February 19, 1999.]

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A BILL to amend article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty- three, relating to requiring the state board to promulgate antihazing rules for public school-sponsored student organizations.

Be it enacted by the Legislature of West Virginia:
That article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirty-three to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-33. Rules for antihazing.

(a) The Legislature hereby finds that hazing has become a problem in a limited number of public school-sponsored student organizations and that legal liability has already resulted from some of those activities. It is the intent of this section that problems with hazing in public school-sponsored student organizations be addressed.
(b) The state board shall promulgate legislative rules in accordance with article three-b, chapter twenty-nine-a of this code that addresses hazing in the public school system. The rules shall include at least the following:
(1) A definition of hazing;
(2) A definition of a public school-sponsored student organization that includes both cocurricular and extracurricular activities;
(3) A method to advise students and employees of the problems associated with hazing;
(4) Appropriate penalties or procedures for establishing penalties for students who haze while engaged in the activities of a public school-sponsored student organization; and
(5) Methods to prevent hazing in public school-sponsored organizations.
(c) The state board shall consider the antihazing law set forth in article sixteen, chapter eighteen in drafting the rules required by this section.
(d) Nothing in this section or in the policy promulgated in accordance with this section may be construed to prevent a suspension or expulsion executed in accordance with section one- a, article five, chapter eighteen-a of this code.
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(NOTE: Strike-throughs indicate language that would be stricken from the code, and underscoring indicates new language that would be added.)