Student Organization Reporting

Organizations Found In Violation of University Student Rules, Section 24.3.3 regarding Hazing during past three years, 2009-2012

Date	Chapter/Organization	Judicial Sanction	Types of activities cited
2010	Phi Gamma Delta: Fall 2010	1) Organizational Conduct Probation. 2) FIJI must develop and execute a hazing seminar that is open to the Greek public by the end of the 2011 Fall semester. 3) FIJI must adhere to and complete all suggested sanctions imposed by the National Headquarters, as well as, self imposed sanctions 4) FIJI chapter leadership must provide documentation that all sanctions imposed by the National Administrative Office (NAO), as well as, self imposed sanctions have been completed. All sanctions must be completed no later than May 1, 2011.	A fraternity pledge retreat activity held at a location located more than 25 miles from campus in south Texas. Travel notification information was not provided to the University, nor was their faculty advisor aware of the activity; Pledges were limited as to their communications with friends, required to set up and break down tailgate events and asked to perform acts of servitude for actives. During the pledge retreat new members were: required to perform calisthenics,were twice confined for up to 15 minutes and paddled by active members.
2010	Delta Kappa Epsilon: Fall 2010	1) Letter of Reprimand. 2) Must create one hour anti-hazing program to be presented to active members. Program must be submitted to Andrea Brown, Coordinator of Risk Management Education, by December 1. 2010 for review. Program must be presented at chapter meeting in spring semester prior to the beginning of spring formal recruitment. A Department of Greek Life staff member must be present for the presentation.	Organization had new members search for a pledge pin in barrels of hay as a consequence of one member losing his pledge pin.
2010	Sigma Chi: Fall 2010	1) Organizational Deferred Suspension through Fall 2011. 2) Sigma Chi chapter leadership must coordinate and see that 100% of the chapter membership attends an educational seminar on "Hazing" utilizing an anti-hazing professional/expert external to the fraternity during the Spring 2011 and Fall 2011 semesters. 3) The Texas A&M University Chapter of Sigma Chi hold all pledge education meetings on the Texas A&M University campus.	New members were: required to perform various acts of servitude for actives as a part of required interviews or in return for an interview; required to participate in "driving hours"; perform calisthenics by active brothers; provided alcohol on the evening of their big brother/little brother night.
2011	Texas A&M University Singing Cadets: Spring 2011	1) One year student organization probation. 2) Officer and advisor meeting to discuss hazing rules and laws with the Executive Associate Vice President of Student Affairs. 3) Mandatory hazing workshop for all officers and members of the organization. 4) Completely revision of the Singing Cadets Handbook and Standard Operating Procedures so that it reflects the following: Texas A&M Student Rules and Texas state laws related to hazing; explanation of roles of officers, returning members, and new members; explanation of member accountability system; explanation of risk management expectations; expectations for new and returning member training; and travel policy and expectations. 5) Establishment of a new member and returning member training program. 6) Cultural and operational audit of the organization, under the direction of the Director of Student Activities.	New members were required to perform acts of servitude for veteran members, such as the serving of food and drinks and shining of shoes. New members were required to wear military style helmets while traveling on bus. New members were not allowed to look toward the back of the bus, thus having to walk backwards on the bus when entering. New members were required to tell jokes or stories on the bus to provide entertainment to veteran members. New members were required to perform physical exercises on the bus if they broke any of the designated bus rules or if they failed fulfill required activities.
2011	Sigma Phi Epsilon: Spring 2011	1) Organizational Conduct Probation until May 15, 2011. 2) 100% Chapter member attendance at an educational seminar on alcohol and hazing. 3) Adherence to all sanctions issued by national fraternity organization with documentation to be provided to the Dept. of Greek Life.	Alcohol was provided to new members as part of a new member activity.
2011	Sigma Alpha Epsilon: Fall 2011	Organizational Suspension thru May 9, 2012; Organizational Conduct Probation May 9, 2012 - May 9, 2013; Organizational Social Probation May 9, 2012 - May 9, 2013 - may not host or participate in any social activity outside of chapter meetings, educational programs, community service projects and intramural activities; Upon resuming recognition, Sigma Alpha Epsilon must continue to complete the Action Plan Objectives brought forth from its National Headquarters. During the period of Conduct Probation and Social Probation, the chapter must hold all new member activities on campus.	New members were: required to perform various acts of servitude for actives including house cleaning, or builds for parties; required to participate in "driving hours" or be on Drunk Pledge Duty; perform calisthenics by active brothers; provided alcohol on various evenings including bid day and new member retreats; new members physically restrained with duct tape; new members were made to dress up in costume and consume alcohol before and after parties.
2012	Pi Kappa Phi: Spring 2012	Organizational Suspension thru May 9, 2012; Organizational Conduct Probation May 9, 2012 - May 9, 2013; Organizational Social Probation May 9, 2012 - May 9, 2013 - may not host or participate in any social activity outside of chapter meetings, educational programs, community service projects and intramural activities; Organizational Social Probation Dec 12, 2012 - May 8, 2013 - may not host or participate in any social activity outside of chapter meetings, educational programs, community service projects and intramural activities; Letter of Apology; Community/University Service; Upon resuming recognition, Pi Kappa Phi must continue to complete the Action Plan Objectives brought forth from its National Headquarters. Specifically, the board recommends a new election and removal of all current officers, in addition to the removal of the Warden and New Member Education. During the period of Conduct Probation and Social Probation, the chapter must hold all new member activities on campus.	New members were: required to perform various acts of servitude for actives including house cleaning, or builds for parties; required to participate in "driving hours"; perform calisthenics by active brothers and during new member meetings; required to serve as Tobacco Pledges and provide actives with cigarettes and chewing tobacco; new members were required to participate in scavenger hunt that include purchasing sex toys and posing in public with such toy; new members were made to dress up in costume and consume alcohol before and after parties; provided false information during investigation; damaging property.
2012	Theta Tau:Spring 2012	1)One year student organization probation. 2) Restricted status for the Spring 2012 semester 3) Mandatory hazing workshop for all officers and members of the organization. 4) Complete revision of the organizations Standard Operating Procedures so that it reflects the following: Texas A&M Student Rules and Texas state laws related to hazing; explanation of roles of officers, returning members, and new members; explanation of member accountability system; explanation of risk management expectations; expectations for new and returning member training; and travel policy and expectations. 5)Establishment of a new member and returning member training program 6)Complete review of organizational constitution by the Department of Student Activities	Pledges participated in a scavenger hunt that included taking pictures of such items including, but not limited to, a Theta Tau member dunking his/her ring, getting a tattoo, and streaking.; Questioned Theta Tau pledges one-at-a-time in a dark room with a flashlight shined on them; Required pledges to remain outside at night and play capture the flag; Required pledges to dig a hole on the beach big enough to bury a person; Required pledges to play beer pong; Actives misused their positions and rank in the organization by requiring pledges to perform personal favors including, but not limited to, getting drinks for actives, giving up their seats for actives, and unpacking cars for actives.

Since actions found to be in violation of University Student Rules regarding hazing during the past three years within The Corps of Cadets were determined to be individual actions (with sanctions taken against individuals), the Corps of Cadets was not listed in the table above. Data not protected under the Family Education to Rights to Privacy Act regarding individual students found in violation of University Student Rules regarding hazing may be obtained through The Office of the Dean of Student Life, 845-3113.

In accordance with Texas Education Code Section 51.936 and as the entity charged with the collection and distribution described therein, the Department of Student Activities is formally publishing (1) a summary of the provisions of Subchapter F, Chapter 27; and (2) a list of organizations that have been disciplined for hazing or convicted for hazing on or off the campus of the institution during the preceding three years. Data not protected under the Family Education to Rights to Privacy Act regarding individual students found in violation of University Student Rules regarding hazing may be obtained through The Office of the Dean of Student Life, 845-3113.
Alleged Incidents of Hazing Should Be Reported To One Of The Following Offices:

University Police Department 845-2345
The Office of The Dean of Student Life 845-3113
The Office of The Commandant 845-2811
The Department of Student Activities 845-1133

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 2. Chapter 4, Education Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. HAZING
Sec. 4.51. DEFINITIONS.
In this subchapter:
(1) "Educational institution" includes a public or private:
(A) high school; or
(B) college, university, or other postsecondary educational establishment.
(2) "Pledge" means any person who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in an organization.
(3) "Pledging" means any action or activity related to becoming a member of an organization.
(4) "Student" means any person who:
(A) is registered in or in attendance at an educational institution;
(B) has been accepted for admission at the educational institution where the hazing incident occurs; or
(C) intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation.
(5) "Organization" means a fraternity, sorority, association, corporation, order, society, corps, cooperative, club or service, social or similar group, whose members are primarily students at an educational institution.
(6) "Hazing" means any intentional, knowing or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in or maintaining membership in any organization whose members are or include students at an educational institution. The term includes but is not limited to:
(A) any type of physical brutality, such as whipping, beating, striking, branding, electric shocking, placing of a harmful substance on the body or similar activity;
(B) any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
(C) any activity involving consumption of a food, liquid, alcoholic beverages, liquor, drug or other substance which subjects the student to an unreasonable risk of harm or which adversely affects the mental or physical health or safety of the student;
(D) any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame or humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection;
(E) any activity that induces, causes or requires the student to perform a duty or task which involves a violation of the Penal Code.
Sec. 4.52. PERSONAL HAZING OFFENSE.
(a) A person commits an offense if the person:
(1) engages in hazing;
(2) solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;
(3) intentionally, knowingly or recklessly permits hazing to occur; or
(4) has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report said knowledge in writing to the dean of students or other appropriate official of the institution.
(b) The offense of failing to report is a misdemeanor punishable by a fine not to exceed $1,000, confinement in county jail for not more than 180 days, or both such fine and confinement.
(c) Any other offense under this section which does not cause serious bodily injury to another is a misdemeanor punishable by a fine of not less than $500 nor more than $1,000, confinement in county jail for not less than 90 days nor more than 180 days, or both such fine and confinement.
(d) Any other offense under this section which causes serious bodily injury to another is a misdemeanor punishable by a fine of not less than $1,000 nor more than $5,000, confinement in county jail for not less than 180 days nor more than one year, or both such fine and confinement.
(e) Any other offense under this section which causes the death of another is a misdemeanor punishable by a fine of not less than $5,000 nor more than $10,000, confinement in county jail for not less than one year nor more than two years, or both such fine and confinement.
(f) Except when an offense causes the death of a student, in sentencing a person convicted of an offense under this section, the court may require the person to perform community service, subject to the same conditions imposed on community service probationers by Subdivision (1), Subsection (e), and Subsections (c), (d), (g), and (h) of Section 10A, Article 42.12, Code of Criminal Procedure, for an appropriate period of time in lieu of confinement in county jail or in lieu of a part of the time the person is sentenced to confinement in county jail.
Sec. 4.53. ORGANIZATION HAZING OFFENSE.
(a) An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.
(b) An offense under this section is a misdemeanor punishable by a fine of not less than $5,000 nor more than $10,000, or if a court finds that the offense caused personal injury, property damage or other loss, the court may sentence the organization to pay a fine of not less than $5,000 nor more than double the amount lost or expenses incurred because of such injury, damage or loss.
Sec. 4.54. CONSENT NOT A DEFENSE.
It is not a defense to prosecution of an offense under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.
Sec. 4.55. IMMUNITY FROM PROSECUTION AVAILABLE.
In the prosecution of an offense under this subchapter, the court may grant immunity from prosecution for the offense to each person who is subpoenaed to testify for the prosecution and who does testify for the prosecution. Any person reporting a specific hazing incident involving a student in an educational institution to the dean of students or other appropriate official of the institution is immune from liability, civil or criminal, that might otherwise be incurred or imposed as a result of the report. Immunity extends to participation in any judicial proceeding resulting from the report. A person reporting in bad faith or with malice is not protected by this section.
Sec. 4.56. OFFENSES IN ADDITION TO OTHER PENAL PROVISIONS.
This subchapter does not affect or repeal any penal law of this state. Nothing in this subchapter shall limit or affect the right of an educational institution to enforce its own penalties against hazing.
Sec. 4.57. REPORTING BY MEDICAL AUTHORITIES.
Treatment of a student who may have been subjected to hazing activities may be reported to police or other law enforcement officials, and the doctor or medical practitioner so reporting shall be immune from civil suit or other liability that might otherwise be imposed or incurred as a result of the report, unless the report is made in bad faith or with malice.
Sec. 4.58. PUBLICATION OF SUBCHAPTER.
(a) Each postsecondary educational institution shall cause to be published or distributed to each student during the first three weeks of each semester a summary of the provisions of this subchapter.
(b) The institution shall publish or distribute in the same manner a list of organizations that have been disciplined for hazing or convicted for hazing on or off the campus of the institution during the previous three years.
(c) If the institution publishes a general catalogue, student handbook or similar publication, it shall publish a summary of the provisions of this subchapter in each edition of that catalogue, handbook or similar publication.
SECTION 3. Section 4.19, Education Code, is repealed.
SECTION 4. If any provision of this Act or its application to any person, entity or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
SECTION 5. This Act takes effect August 31, 1987, and applies only to the punishment for an offense committed under Subchapter B, Chapter 4, Education Code, on or after that date. An offense committed under Section 4.19, Education Code, before the effective date of the Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.