CH. 269, S. 17. Crime of Hazing: Definition: Penalty
Whoever is a principle organizer or participant in the crime of hazing, as defined herein, shall be
punished by a fine of not more than three thousand dollars or by imprisonment in a house of
correction for not more than one year, or both such fine and imprisonment.
The term hazing as used in this section and in sections eighteen and nineteen, shall mean any
conduct or method of initiation into any student organization, whether on public or private property,
which willfully or recklessly endangers the physical or mental health of any student or other person.
Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the
weather, forced consumption of any food, liquor, beverage, drug, or other substance, or any other
brutal treatment or forced physical activity which is likely to adversely affect the physical health or
safety of any such student or person, or which subjects such student or other person to extreme
mental stress, including extended deprivation of sleep or rest or extended isolation.
Notwithstanding any other provisions of this section to the contrary, consent shall not be available
as a defense to any prosecution under this action.
Chapter 269: Section 18. Failure to report hazing
Whoever knows that another person is the victim of hazing as defined in section seventeen and is
at the scene of such crime shall, to the extent that such person can do so without danger or peril to
himself or others, report such crime to an appropriate law enforcement official as soon as
reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more
than one thousand dollars.
Chapter 269: Section 19. Copy of Secs. 17 to 19; issuance to students and student groups, teams
and organizations; report
Each institution of secondary education and each public and private institution of post secondary
education shall issue to every student group, student team or student organization which is part of
such institution or is recognized by the institution or permitted by the institution to use its name or
facilities or is known by the institution to exist as an unaffiliated student group, student team or
student organization, a copy of this section and sections seventeen and eighteen; provided,
however, that an institution’s compliance with this section’s requirements that an institution issue
copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or
organizations shall not constitute evidence of the institution’s recognition or endorsement of said
unaffiliated student groups, teams or organizations.
Each such group, team or organization shall distribute a copy of this section and sections
seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It
shall be the duty of each such group, team or organization, acting through its designated officer, to
deliver annually, to the institution an attested acknowledgement stating that such group, team or
organization has received a copy of this section and said sections seventeen and eighteen, that
each of its members, plebes, pledges, or applicants has received a copy of sections seventeen
and eighteen, and that such group, team or organization understands and agrees to comply with
the provisions of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private institution of post secondary
education shall, at least annually, before or at the start of enrollment, deliver to each person who
enrolls as a full time student in such institution a copy of this section and sections seventeen and
eighteen.
Each institution of secondary education and each public or private institution of post secondary
education shall file, at least annually, a report with the board of higher education and in the case of
secondary institutions, the board of education, certifying that such institution has complied with its
responsibility to inform student groups, teams or organizations and to notify each full time student
enrolled by it of the provisions of this section and sections seventeen and eighteen and also
certifying that said institution has adopted a disciplinary policy with regard to the organizers and
participants of hazing, and that such policy has been set forth with appropriate emphasis in the
student handbook or similar means of communicating the institution’s policies to its students. The
board of higher education and, in the case of secondary institutions, the board of education shall
promulgate regulations governing the content and frequency of such reports, and shall forthwith
report to the attorney general any such institution which fails to make such report.
Whoever is a principle organizer or participant in the crime of hazing, as defined herein, shall be
punished by a fine of not more than three thousand dollars or by imprisonment in a house of
correction for not more than one year, or both such fine and imprisonment.
The term hazing as used in this section and in sections eighteen and nineteen, shall mean any
conduct or method of initiation into any student organization, whether on public or private property,
which willfully or recklessly endangers the physical or mental health of any student or other person.
Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the
weather, forced consumption of any food, liquor, beverage, drug, or other substance, or any other
brutal treatment or forced physical activity which is likely to adversely affect the physical health or
safety of any such student or person, or which subjects such student or other person to extreme
mental stress, including extended deprivation of sleep or rest or extended isolation.
Notwithstanding any other provisions of this section to the contrary, consent shall not be available
as a defense to any prosecution under this action.
Chapter 269: Section 18. Failure to report hazing
Whoever knows that another person is the victim of hazing as defined in section seventeen and is
at the scene of such crime shall, to the extent that such person can do so without danger or peril to
himself or others, report such crime to an appropriate law enforcement official as soon as
reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more
than one thousand dollars.
Chapter 269: Section 19. Copy of Secs. 17 to 19; issuance to students and student groups, teams
and organizations; report
Each institution of secondary education and each public and private institution of post secondary
education shall issue to every student group, student team or student organization which is part of
such institution or is recognized by the institution or permitted by the institution to use its name or
facilities or is known by the institution to exist as an unaffiliated student group, student team or
student organization, a copy of this section and sections seventeen and eighteen; provided,
however, that an institution’s compliance with this section’s requirements that an institution issue
copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or
organizations shall not constitute evidence of the institution’s recognition or endorsement of said
unaffiliated student groups, teams or organizations.
Each such group, team or organization shall distribute a copy of this section and sections
seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It
shall be the duty of each such group, team or organization, acting through its designated officer, to
deliver annually, to the institution an attested acknowledgement stating that such group, team or
organization has received a copy of this section and said sections seventeen and eighteen, that
each of its members, plebes, pledges, or applicants has received a copy of sections seventeen
and eighteen, and that such group, team or organization understands and agrees to comply with
the provisions of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private institution of post secondary
education shall, at least annually, before or at the start of enrollment, deliver to each person who
enrolls as a full time student in such institution a copy of this section and sections seventeen and
eighteen.
Each institution of secondary education and each public or private institution of post secondary
education shall file, at least annually, a report with the board of higher education and in the case of
secondary institutions, the board of education, certifying that such institution has complied with its
responsibility to inform student groups, teams or organizations and to notify each full time student
enrolled by it of the provisions of this section and sections seventeen and eighteen and also
certifying that said institution has adopted a disciplinary policy with regard to the organizers and
participants of hazing, and that such policy has been set forth with appropriate emphasis in the
student handbook or similar means of communicating the institution’s policies to its students. The
board of higher education and, in the case of secondary institutions, the board of education shall
promulgate regulations governing the content and frequency of such reports, and shall forthwith
report to the attorney general any such institution which fails to make such report.
MA Hazing Law
1 Chruch Square
Franklin, MA 02038
508-541-1074
cjclark6.cc@gmail.com
Franklin, MA 02038
508-541-1074
cjclark6.cc@gmail.com
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