Section 16-1-23 Criminal Code of Alabama
Hazing prohibited; penalty.
- Hazing is defined as follows:
- Any willful action taken or situation created, whether on or off any school, college, university, or other educational premises, which recklessly or intentionally endangers the mental or physical health of any student, or
- Any willful act on or off any school, college, university, or other educational premises by any person alone or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution or any assault upon any such students made for the purpose of committing any of the acts, or producing any of the results to such student as defined in this section.
- The term hazing as defined in this section does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization. The term hazing does not include corporal punishment administered by officials or employees of public schools when in accordance with policies adopted by local boards of education.
- No person shall engage in what is commonly known and recognized as hazing, or encourage, aid, or assist any other person thus offending.
- No person shall knowingly permit, encourage, aid, or assist any person in committing the offense of hazing, or willfully acquiesce in the commission of such offense, or fail to report promptly his knowledge or any reasonable information within his knowledge of the presence and practice of hazing in this state to the chief executive officer of the appropriate school, college, university, or other educational institution in this state. Any act of omission or commission shall be deemed hazing under the provisions of this section.
- Any person who shall commit the offense of hazing shall be guilty of a Class C misdemeanor as defined by Title 13A.
- Any person who participates in the hazing of another, or any organization associated with a school, college, university, or other educational institution in this state which knowingly permits hazing to be conducted by its members or by others subject to its direction or control, shall forfeit any entitlement to public funds, scholarships, or awards which are enjoyed by him or by it and shall be deprived of any sanction or approval granted by the school, college, university, or other educational institution.
- Nothing in this section shall be construed as in any manner affecting or repealing any law of this state respecting homicide, or murder, manslaughter, assault with intent to murder, or aggravated assault.
Under Alabama law, Hazing is a misdemeanor, but the actions taken in order to Haze can be felonies. Providing alcohol to a minor, assault, kidnapping, sexual assault/rape, and in the worst case scenario manslaughter or murder all carry severe penalties.
Insert from AAMU Student Code of Conduct
2.20 HAZING. Any action taken or situation of intimidation created, intentionally, whether on or off campus, to produce mental or physical discomfort, embarrassment, harassment, ridicule, or the breaking of schools rules. Activities considered to be hazing include two elements: (1) Coercion, either overt or covert, and (2) Production of physical or mental discomfort, in either the participant(s) or spectators.
It is strictly prohibited for a person or organization to, in the course of another person’s initiation into or affiliation with any organization, intentionally or recklessly engage in conduct which creates a substantial risk of physical injury to such other person or to a third person.
SANCTION: Suspension; Expulsion
OTHER PROVISIONS ARE IMPLICATED INCLUDING KIDNAPPING, ASSAULT,
ALCOHOL & DRUG POLICY
THE STUDENT DISCIPLINE PROCESS IS SEPARATE FROM ANY CRIMINAL PROCEDING AND DOES NOT DEPEND ON CRIMINAL CONVICTION. THE SCHOOL MAY IMPOSE PENATIES EVEN IF THERE ARE NOT CRIMINAL CHARGES OR CONVICTIONS OR CRIMINAL CHARGES ARE DROPPED.