Hazing Violations

The University of Texas at San Antonio is committed to providing a safe educational environment for everyone and does not tolerate hazing by any group or individual affiliated with the university. The university expects that all students and organizations will observe and fully comply with state law, university regulations, and administrative rules associated with the prohibition of hazing.

Participation in hazing activities is against the law. Violation of the University’s hazing policy, whether on or off campus, may subject participants, including students and organizations, to arrest, prosecution and/or disciplinary action, including, but not limited to, suspension or expulsion of students and the revocation of an organization’s registration and/or recognition at the University. Consent to or acquiescence in hazing activity is not a defense.

• Student Organization:  an organization at an institution of higher education (such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution.
  
  
• Hazing
  • To determine whether conduct is hazing under the statute, let’s break the definition into its required elements. Hazing is:
    1. An intentional, knowing, or reckless act
    2. committed by a person, whether individually or in concert with other persons,
    3. against a student, regardless of that student's willingness to participate, that—
    4. was committed in connection with an initiation into, an affiliation with, or the maintenance of membership in, an organization (such as a club, society, association, athletic team, fraternity, sorority, or student government); and
    5. causes or is likely to contribute to a substantial risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical training necessary for participation in an athletic team), of physical injury or psychological injury including—
       1. whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
       2. causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
       3. causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances
       4. causing, coercing, or otherwise inducing another person to perform sexual acts; e. any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
       5. any activity against another person that includes a criminal violation of local, state, tribal, or federal law; and
       6. any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, state, tribal, or federal law

The University of Texas at San Antonio Prohibition of Hazing

• Student Organizations found to have violated the Student Code of Conduct in terms of hazing will be sanctioned. The Student Organization Discipline process can be found in the Student Organization Relationship Statement.
• Individual students who participate in hazing activities can also face sanctions. Again, the severity of the sanction will depend on many factors. The individuals at most risk are the leaders and anyone who organizes or leads the activities. A complete listing of possible sanctions can be found in the Student Code of Conduct under Sections 301 and 302.

State law does not affect or in any way restrict the right of UTSA to enforce its own rules against hazing, and the University may take disciplinary action for conduct that constitutes hazing regardless of whether public authorities prosecute students under state law.

According to law, a person can commit a hazing offense not only by engaging in a hazing activity but also by soliciting, directing, encouraging, aiding, or attempting to aid another in hazing; by intentionally, knowingly, or recklessly allowing hazing to occur; or by failing to report in writing to the Dean of Students firsthand knowledge that a hazing incident is planned or has occurred. The fact that a person consented to or acquiesced in a hazing activity is not a defense to prosecution for hazing under the law.

In an effort to encourage reporting of hazing incidents, the law grants immunity from civil or criminal liability to any person who reports a specific hazing event to the Dean of Students and immunizes that person from participation in any judicial proceeding resulting from that report.