CHAPTER 18. EDUCATION.
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ARTICLE 16. ANTIHAZING LAW.
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§18-16-1. Short title.
This article shall be known and may be cited as the
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(a) "Hazing" means to cause any action or situation which
recklessly or intentionally endangers the mental or physical health
or safety of another person or persons or causes another person or
persons to destroy or remove public or private property for the
purpose of initiation or admission into or affiliation with, or as
a condition for continued membership in, any organization operating
under the sanction of or recognized as an organization by an
institution of higher education. The term includes, but is not
limited to, any brutality of a physical nature, such as whipping,
beating, branding, forced consumption of any food, liquor, drug or
other substance, or any other forced physical activity which could
adversely affect the physical health and safety of the individual
or individuals, and includes any activity which would subject the
individual or individuals to extreme mental stress, such as sleep
deprivation, forced 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 or individuals, or any willful destruction or
removal of public or private property: Provided,
That the implied
or expressed consent or willingness of a person or persons to
hazing shall not be a defense under this section.
(b) "Institution of higher education" or "institution" means
any public or private institution as defined in section two,
article one, chapter eighteen-b of this code.
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§18-16-3. Hazing prohibited.
Any person or persons who causes hazing is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less
than one hundred dollars nor more than one thousand dollars, or
confined in a county or regional jail, not more than nine months,
or both fined and imprisoned: Provided,
That if the act would
otherwise be deemed a felony as defined in this code, the person
committing such act may be found guilty of such felony and be
subject to penalties provided for such felony.
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§18-16-4. Enforcement by institution.
(a) Antihazing policy. --
The university of West Virginia
board of trustees created pursuant to article two, chapter
eighteen-b of this code and the board of directors of the state
college system created pursuant to article three of said chapter
shall by the first day of August, one thousand nine hundred
ninety-five, promulgate guidelines for antihazing policies.
(b) Enforcement and penalties.--
(1) Each institution shall provide a program for the
enforcement of such rules and shall adopt appropriate penalties for
violations of such rules to be administered by the person or agency
at the institution responsible for the sanctioning or recognition
of such organizations.
(2) In the case of an organization which authorizes hazing in
blatant disregard of such rules, penalties may also include
recision of permission for that organization to operate on campus
property or to otherwise operate under the sanction or recognition
of the institution.
(3) All penalties imposed under the authority of this section
shall be in addition to any penalty imposed for violation of
section three of this article or of any of the criminal laws of
this state or for violation of any other institutional rule to
which the violator may be subject.
(4) Rules adopted pursuant hereto apply to acts conducted on
or off campus whenever such acts are deemed to constitute hazing.