S.B. 150 Enrolled

CONDUCT RELATED TO SCHOOL ACTIVITIES
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Howard A. Stephenson
David H. Steele

AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR THE ADOPTION OF
RULES BY THE STATE AND LOCAL SCHOOL BOARDS REGARDING CONDUCT
PROHIBITED AT SCHOOL ACTIVITIES; PROVIDING FOR REPORTING OF
PROHIBITED CONDUCT BY SCHOOL EMPLOYEES; PROVIDING FOR
LIMITATIONS OF LIABILITY; MODIFYING THE DEFINITION OF HAZING;
PROVIDING THAT CONSENT IS NOT A DEFENSE; AND MAKING TECHNICAL
CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-5-107.5, as enacted by Chapter 59, Laws of Utah 1989
ENACTS:
53A-11-908, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-11-908 is enacted to read:
53A-11-908. Extracurricular activities -- Prohibited conduct -- Reporting of
violations -- Limitation of liability.
(1) The Legislature recognizes that:
(a) participation in student government and extracurricular activities may confer important
educational and lifetime benefits upon students, and encourages school districts to provide a
variety of opportunities for all students to participate in such activities in meaningful ways;
(b) there is no constitutional right to participate in these types of activities, and does not
through this section or any other provision of law create such a right;
(c) students who participate in student government and extracurricular activities,
particularly competitive athletics, and the adult coaches, advisors, and assistants who direct those

activities, become role models for others in the school and community;
(d) these individuals often play major roles in establishing standards of acceptable behavior
in the school and community, and establishing and maintaining the reputation of the school and the
level of community confidence and support afforded the school; and
(e) it is of the utmost importance that those involved in student government, whether as
officers or advisors, and those involved in competitive athletics and related activities, whether
students or staff, comply with all applicable laws and rules of behavior and conduct themselves at
all times in a manner befitting their positions and responsibilities.
(2) (a) The State Board of Education may, and local boards of education shall, adopt rules
implementing this section that apply to both students and staff.
(b) Those rules shall include prohibitions against:
(i) use of foul, abusive, or profane language while engaged in school related activities;
(ii) illicit use, possession, or distribution of controlled substances or drug paraphernalia, and
the use, possession, or distribution of tobacco or alcoholic beverages contrary to law; and
(iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
behavior involving physical violence, restraint, improper touching, or inappropriate exposure of
body parts not normally exposed in public settings, forced ingestion of any substance, or any act
which would constitute a crime against a person or public order under Utah law.
(3) (a) School employees who reasonably believe that a violation of this section may have
occurred shall immediately report that belief to the school principal or district superintendent.
(b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
alleged incident, and actions taken in response, to the district superintendent or the superintendent's
designee within ten working days after receipt of the report.
(c) Failure of a person holding a professional certificate to report as required under this
Subsection (3) constitutes an unprofessional practice.
(4) Limitations of liability set forth under Section 53A-11-1004 apply to this section.
Section 2. Section 76-5-107.5 is amended to read:
76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties.

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[(1) "Hazing" means any action or situation that, for the purpose of initiation, admission into,
affiliation with, or as a condition for continued membership in any organization:]
[(a) recklessly or intentionally endangers the mental or physical health or safety of any
person;]
[(b) willfully destroys or removes public or private property;]
(1) A person is guilty of hazing if that person intentionally, knowingly, or recklessly
commits an act or causes another to commit an act that:
(a) (i) endangers the mental or physical health or safety of another; or
[(c)] (ii) involves any brutality of a physical nature such as whipping, beating, branding,
[forced] calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
exposure to the elements; or
[(d)] (iii) involves [forced] consumption of any food, liquor, drug, or other substance or any
other [forced] physical activity that [could adversely affect] endangers the mental or physical health
and safety of [the] an individual; or
[(e)] (iv) involves any activity that would subject the individual to extreme mental stress,
such as sleep deprivation, [forced exclusion] extended isolation from social contact, [forced] or
conduct that [could result in] subjects another to extreme embarrassment, [or any other forced
activity that could adversely affect the mental health or dignity of the individual] shame, or
humiliation; or
[(f)] (v) involves [brutality toward or willful mistreatment of] cruelty to any animal[.] as
provided in Section 76-9-301; and
[(2) Under Subsection (1) any activity as described upon which the initiation, admission into,
affiliation with, or continued membership in an organization is directly or indirectly conditioned is
presumed to be "forced."]
(b) (i) is for the purpose of initiation, admission into, affiliation with, holding office in, or
as a condition for continued membership in any organization; or
(ii) if the actor knew that the victim is a member of or candidate for membership with a
school team or school organization to which the actor belongs or did belong within the preceding

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two years.
(2) It is not a defense to prosecution of hazing that a person under 21, against whom the
hazing was directed, consented to or acquiesced in the hazing activity.
(3) An actor who [recklessly, knowingly, or intentionally] hazes another is guilty of a:
(a) class C misdemeanor if the conduct violates Section 76-9-301;
(b) class B misdemeanor if there are no aggravating circumstances;
[(b)] (c) class A misdemeanor if the act [of hazing] involves the operation or other use of
a motor vehicle;
[(c)] (d) third degree felony if the act [of hazing] involves the use of a deadly or dangerous
weapon;
[(d)] (e) third degree felony if the hazing results in serious bodily injury to a person; or
[(e)] (f) second degree felony if hazing under Subsection [(d)] (3)(e) involves the use of a
deadly or dangerous weapon.
(4) A person who in good faith reports or participates in reporting of an alleged hazing is not
subject to any civil or criminal liability regarding the reporting.
(5) (a) This section does not apply to military training or other official military activities.
(b) Military conduct is governed by Title 39, Chapter 6, Utah Code of Military Justice.
(6) (a) A prosecution under this section does not bar a prosecution of the actor for:
(i) any other offense for which the actor may be liable as a party for conduct committed by
the person hazed; or
(ii) any offense, caused in the course of the hazing, that the actor commits against the person
who is hazed.
(b) Under Subsection (6)(a)(i) a person may be separately punished, both for the hazing
offense and the conduct committed by the person hazed.
(c) Under Subsection (6)(a)(ii) a person may not be punished both for hazing and for the
other offense, but shall be punished for the offense carrying the greater maximum penalty.

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