1998 Florida Code
TITLE XVI EDUCATION
Chapter 240 Postsecondary Education  
PART II STATE UNIVERSITY SYSTEM (ss. 240.2011-240.2996)
240.262   Hazing prohibited at state universities.

240.262  Hazing prohibited at state universities.--

(1)  As used in this section, "hazing" means any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating under the sanction of a university, which organization is hereinafter referred to as a "university organization." Such term includes, but is not limited to, any brutality of a physical nature, such as whipping; beating; branding; forced calisthenics; exposure to the elements; forced consumption of any food, liquor, drug, or other substance; or other forced physical activity which could adversely affect the physical health or safety of the individual, and also includes any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or other forced activity which could adversely affect the mental health or dignity of the individual. For the purposes of this section, any activity as described above upon which the initiation or admission into or affiliation with a university organization is directly or indirectly conditioned shall be presumed to be a "forced" activity, the willingness of an individual to participate in such activity notwithstanding.

(2)  Each university shall adopt a written antihazing policy and, pursuant to such policy, shall adopt rules prohibiting students or other persons associated with any university organization from engaging in any activity which can be described as hazing.

(a)  Pursuant to the provisions of s. 240.261, each university 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 university responsible for the sanctioning of such university organizations.

1.  Such penalties may include the imposition of fines; the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines; and the imposition of probation, suspension, or dismissal.

2.  In the case of a university organization which authorizes hazing in blatant disregard of such rules, penalties may also include rescission of permission for that organization to operate on campus property or to otherwise operate under the sanction of the university.

3.  All penalties imposed under the authority of this subsection shall be in addition to any penalty imposed for violation of any of the criminal laws of this state or for violation of any other university rule to which the violator may be subject.

(b)  Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing.

(3)(a)  A copy of the university antihazing policy, including the rules promulgated pursuant thereto and the penalties which may be imposed for violation of such rules, shall be submitted by each university to the Board of Regents for its approval no later than September 1, 1981.

(b)  The Board of Regents shall review the policy, rules, and penalties of each university and shall, without delay, either approve them or notify the university as to the reasons for the board's disapproval. In evaluating the policy, rules, and penalties submitted by each university, the board shall endeavor to ensure that the overall antihazing policy of the universities in this state is fair and relatively uniform so that there will not be a great disparity in policy, rules, or penalties from university to university.

(4)  Upon approval by the Board of Regents of the antihazing policy of a university and of the rules and penalties adopted pursuant thereto, the university shall provide a copy of such policy, rules, and penalties to each student enrolled in that university and shall require the inclusion of such policy, rules, and penalties in the bylaws of every organization operating under the sanction of the university.

(5)  Any amendments to such approved policy, rules, or penalties shall be submitted, within 10 days after the adoption of such amendments, to the Board of Regents for its approval.

History.--s. 3, ch. 81-263.