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5 David H. Steele
6 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR THE ADOPTION OF
7 RULES BY THE STATE AND LOCAL SCHOOL BOARDS REGARDING CONDUCT
8 PROHIBITED AT SCHOOL ACTIVITIES; PROVIDING FOR REPORTING OF
9 PROHIBITED CONDUCT BY SCHOOL EMPLOYEES; PROVIDING FOR LIMITATIONS
10 OF LIABILITY; MODIFYING THE DEFINITION OF HAZING; PROVIDING THAT
11 CONSENT IS NOT A DEFENSE; AND MAKING TECHNICAL CHANGES.
12 This act affects sections of Utah Code Annotated 1953 as follows:
14 76-5-107.5, as enacted by Chapter 59, Laws of Utah 1989
16 53A-11-908, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 53A-11-908 is enacted to read:
19 53A-11-908. Extracurricular activities -- Prohibited conduct -- Reporting of
20 violations -- Limitation of liability.
21 (1) The Legislature recognizes that:
22 (a) participation in student government and extracurricular activities may confer important
23 educational and lifetime benefits upon students, and encourages school districts to provide a
24 variety of opportunities for all students to participate in such activities in meaningful ways;
25 (b) there is no constitutional right to participate in these types of activities, and does not
26 through this section or any other provision of law create such a right;
27 (c) students who participate in student government and extracurricular activities,
1 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct those
2 activities, become role models for others in the school and community;
3 (d) these individuals often play major roles in establishing standards of acceptable
4 behavior in the school and community, and establishing and maintaining the reputation of the
5 school and the level of community confidence and support afforded the school; and
6 (e) it is of the utmost importance that those involved in student government, whether as
7 officers or advisors, and those involved in competitive athletics and related activities, whether
8 students or staff, comply with all applicable laws and rules of behavior and conduct themselves
9 at all times in a manner befitting their positions and responsibilities.
10 (2) (a) The State Board of Education may, and local boards of education shall, adopt rules
11 implementing this section that apply to both students and staff.
12 (b) Those rules shall include prohibitions against:
13 (i) use of foul, abusive, or profane language;
14 (ii) illicit use, possession, or distribution of controlled substances or drug paraphernalia,
15 and the use, possession, or distribution of tobacco or alcoholic beverages contrary to law; and
16 (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
17 behavior involving physical violence, restraint, improper touching, or inappropriate exposure of
18 body parts not normally exposed in public settings, forced ingestion of any substance, or any act
19 which would constitute a crime against a person or public order under Utah law.
20 (3) (a) School employees who reasonably believe that a violation of this section may have
21 occurred shall immediately report that belief to the school principal or district superintendent.
22 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
23 alleged incident, and actions taken in response, to the district superintendent or the superintendent's
24 designee within ten working days after receipt of the report.
25 (c) Failure of a person holding a professional certificate to report as required under this
26 Subsection (3) constitutes an unprofessional practice.
27 (4) Limitations of liability set forth under Section 53A-11-1004 apply to this section.
28 Section 2. Section 76-5-107.5 is amended to read:
29 76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties.
4 (1) A person is guilty of hazing if that person intentionally, knowingly, or recklessly
5 commits an act or causes another to commit an act that:
6 (a) (i) endangers the mental or physical health or safety of another; or
9 exposure to the elements; or
11 any other [
12 health and safety of [
14 such as sleep deprivation, [
15 conduct that [
17 humiliation; or
19 provided in Section 76-9-301; and
23 (b) (i) is for the purpose of initiation, admission into, affiliation with, holding office in,
24 or as a condition for continued membership in any organization; or
25 (ii) if the actor knew that the victim is a member of or candidate for membership with a
26 school team or school organization to which the actor belongs or did belong within the preceding
27 two years.
28 (2) It is not a defense to prosecution of hazing that a person under 21, against whom the
29 hazing was directed, consented to or acquiesced in the hazing activity.
30 (3) An actor who [
31 (a) class C misdemeanor if the conduct violates Section 76-9-301;
1 (b) class B misdemeanor if there are no aggravating circumstances;
3 a motor vehicle;
8 a deadly or dangerous weapon.
9 (4) A person who in good faith reports or participates in reporting of an alleged hazing is
10 not subject to any civil or criminal liability regarding the reporting.
11 (5) (a) This section does not apply to military training or other official military activities.
12 (b) Military conduct is governed by Title 39, Chapter 6, Utah Code of Military Justice.
13 (6) (a) A prosecution under this section does not bar a prosecution of the actor for:
14 (i) any other offense for which the actor may be liable as a party for conduct committed
15 by the person hazed; or
16 (ii) any offense, caused in the course of the hazing, that the actor commits against the
17 person who is hazed.
18 (b) Under Subsection (6)(a)(i) a person may be separately punished, both for the hazing
19 offense and the conduct committed by the person hazed.
20 (c) Under Subsection (6)(a)(ii) a person may not be punished both for hazing and for the
21 other offense, but shall be punished for the offense carrying the greater maximum penalty.
Legislative Review Note
as of 12-27-96 9:55 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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