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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 944 By: Guthrie
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6 AS INTRODUCED
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7 An Act relating to crimes and punishments; amending
7 21 O.S. 2021, Section 1190, which relates to hazing;
8 defining terms; removing certain provision; modifying
8 provisions of certain offenses; modifying provisions
9 of certain penalties; providing certain civil
9 penalties; directing deposit of civil penalties into
10 certain fund; prohibiting certain defense; providing
10 certain liability exception; authorizing certain
11 disciplinary process; requiring certain assistance;
11 creating misdemeanor and felony offenses; providing
12 penalties; requiring development of certain
12 educational plan; establishing plan criteria;
13 requiring certain report; establishing report
13 criteria; requiring certain posting; updating
14 statutory language; creating the Anti-Hazing
14 Revolving Fund; specifying permissible sources of
15 funding; authorizing certain expenditures by the
15 Oklahoma State Regents for Higher Education;
16 providing for codification; and providing an
16 effective date.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1190, is
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21 amended to read as follows:
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22 Section 1190. A. For purposes of this section:
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23 1. "Educational institution" means any public or private school
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24 or institution of higher education in this state;
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1 2. "Endangers the physical health" shall include, but not be
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2 limited to, any brutality of a physical nature, such as whipping;
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3 beating; branding; forced calisthenics; exposure to the elements;
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4 forced consumption of any food, alcoholic beverage as defined in
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5 Section 506 of Title 37 of the Oklahoma Statutes, low-point beer as
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6 defined in Section 163.2 of Title 37 of the Oklahoma Statutes, drug,
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7 controlled dangerous substance, or other substance; or any other
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8 forced physical activity which could adversely affect the physical
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9 health or safety of the individual;
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10 3. "Endangers the mental health" shall include any activity,
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11 except those activities authorized by law, which would subject the
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12 individual to extreme mental stress, such as prolonged sleep
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13 deprivation, forced prolonged exclusion from social contact, forced
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14 conduct which could result in extreme embarrassment, or any other
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15 forced activity which could adversely affect the mental health or
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16 dignity of the individual;
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17 4. "Hazing" means an activity which recklessly or intentionally
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18 endangers the mental health or physical health or safety of a
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19 student for the purpose of initiation or admission into or
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20 affiliation with or for the purpose of continuance or enhancement of
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21 status in any organization that operates subject to the sanction of
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22 an educational institution in this state; and
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23 5. "Organization" means a club, association, corporation,
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24 order, society, corps, private club, fraternity, sorority, varsity
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1 or club athletic team, or similar group that is sanctioned or
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2 authorized by the governing board of an educational institution and
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3 whose members are primarily students or alumni of one or more
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4 educational institutions.
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5 B. No student organization or any person associated with any
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6 organization sanctioned or authorized by the governing board of any
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7 public or private school or institution of higher education
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8 educational institution in this state shall engage or participate in
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9 hazing.
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10 B. Any hazing activity described in subsection F of this
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11 section upon which the initiation or admission into or affiliation
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12 with an organization sanctioned or authorized by a public or private
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13 school or by any institution of higher education in this state is
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14 directly or indirectly conditioned shall be presumed to be a forced
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15 activity, even if the student willingly participates in such
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16 activity.
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17 C. A copy of the policy or the rules and regulations of the
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18 public or private school or institution of higher education
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19 educational institution which prohibits hazing shall be given to
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20 each student enrolled in the school or institution and shall be
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21 deemed to be part of the bylaws of all organizations operating at
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22 the public school or the institution of higher education educational
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23 institution.
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1 D. Any organization sanctioned or authorized by the governing
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2 board of a public or private school or of an institution of higher
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3 education in this state which violates subsection A B of this
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4 section, upon conviction, shall be guilty of a misdemeanor, and may
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5 be punishable by a fine of not more than One Thousand Five Hundred
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6 Dollars ($1,500.00), by a civil penalty not more than Fifteen
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7 Thousand Dollars ($15,000.00), or by both such fine and civil
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8 penalty, and the forfeit forfeiture for a period of not less than
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9 one (1) year all of the rights and privileges of being an
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10 organization organized or operating at the public or private school
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11 or at the institution of higher education educational institution.
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12 E. 1. Any individual convicted of violating the provisions of
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13 subsection A B of this section shall be guilty of a misdemeanor, and
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14 may be if such violation did not result in the seriously bodily
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15 injury or death of another person, punishable by imprisonment in the
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16 county jail for a term not to exceed ninety (90) days in the county
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17 jail, or by the imposition of a fine not to exceed Five Hundred
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18 Dollars ($500.00) Five Thousand Dollars ($5,000.00), by a civil
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19 penalty not more than Fifteen Thousand Dollars ($15,000.00), or by
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20 both any such imprisonment, and fine, and civil penalty.
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21 2. Any individual convicted of violating the provisions of
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22 subsection B of this section shall be guilty of a felony, if such
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23 violation results in the serious bodily injury or death of another
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24 person, punishable by imprisonment in the custody of the Department
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1 of Corrections for a term not more than ten (10) years, by a fine
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2 not more than Fifteen Thousand Dollars ($15,000.00), by a civil
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3 penalty not more than Fifteen Thousand Dollars ($15,000.00), or by
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4 any such imprisonment, fine, and civil penalty.
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5 3. Any civil penalties assessed pursuant to this subsection and
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6 subsection D of this section shall be deposited into the Anti-Hazing
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7 Revolving Fund created in Section 2 of this act.
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8 F. 1. The implied or expressed consent of the person or
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9 persons against whom the hazing was directed shall not be a defense
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10 to any action brought pursuant to the provisions of this section.
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11 2. The argument that the conduct was sanctioned or approved by
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12 the educational institution or organization or was traditional or
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13 customary shall not be a defense to any action brought pursuant to
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14 the provisions of this section.
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15 G. 1. A student or organization who, in good faith, reports or
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16 participates in reporting an allegation of hazing to local law
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17 enforcement or to the educational institution in advance of any
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18 hazing activity or who takes reasonable steps to prevent hazing in
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19 the future is not subject to any civil or criminal liability that
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20 arises from such reported hazing.
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21 2. A person who acts in good faith and in a timely manner shall
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22 be immune from prosecution for any criminal offenses related to
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23 alcohol possession, consumption, or distribution if the person:
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24 a. (1) requests emergency medical assistance,
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1 (2) acts in concert with another person who requests
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2 emergency medical assistance, or
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3 (3) is the individual for whom medical assistance was
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4 requested, and
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5 b. (1) provides his or her own full name if requested by
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6 medical or law enforcement personnel,
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7 (2) provides any other relevant information requested
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8 by medical or law enforcement personnel,
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9 (3) remains with, or is, the person for which
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10 emergency medical assistance was requested, and
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11 (4) cooperates with medical and law enforcement
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12 personnel.
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13 3. Any person who is not immune from prosecution pursuant to
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14 the provisions of this subsection shall be subject to the
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15 educational institution's standard disciplinary process.
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16 H. 1. Any person who actively directs or engages in an act of
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17 hazing which results in the injury of another person, shall, to the
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18 extent possible without causing danger or peril to himself or
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19 herself or others, give reasonable assistance to the injured person.
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20 Reasonable assistance includes immediately seeking or reporting the
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21 need for medical assistance.
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22 2. A violation of a provision of this subsection in which no
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23 seriously bodily injury or death occurs shall, upon conviction, be a
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24 misdemeanor punishable by imprisonment in the county jail for a term
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1 not to exceed one (1) year, by a fine not more than One Thousand
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2 Dollars ($1,000.00), or by both such imprisonment and fine.
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3 3. A violation of a provision of this subsection in which
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4 seriously bodily injury or death occurs shall, upon conviction, be a
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5 felony punishable by imprisonment in the custody of the Department
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6 of Corrections for a term not to exceed five (5) years, by a fine
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7 not more than Two Thousand Dollars ($2,000.00), or by both such
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8 imprisonment and fine.
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9 I. 1. The State Regents for Higher Education shall develop a
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10 statewide educational plan to prevent hazing at educational
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11 institutions and provide such plan to all students as well as all
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12 staff or volunteers that advise or coach organizations. Such plan
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13 shall:
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14 a. include information regarding hazing awareness,
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15 prevention, intervention, and the institution's
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16 polices on hazing, and
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17 b. be conducted in-person or online and shall verify
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18 attendance. A student who does not complete the
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19 educational program within thirty (30) days of
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20 enrollment may not participate in any organizations
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21 until the completion of such program.
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22 2. Each private educational institution in this state shall
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23 develop an educational plan to prevent hazing and provide such plan
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1 to all students as well as all staff or volunteers that advise or
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2 coach organizations. Such plan shall:
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3 a. include information regarding hazing awareness,
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4 prevention, intervention, and the institution's
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5 polices on hazing, and
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6 b. be conducted in-person or online and shall verify
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7 attendance. A student who does not complete the
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8 educational program within thirty (30) days of
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9 enrollment may not participate in any organizations
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10 until the completion of such program.
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11 National organizations shall provide separate and supplemental
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12 hazing prevention education for their local affiliate chapters that
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13 operate within this state.
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14 J. 1. On or after the effective date of this act, each
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15 educational institution shall maintain and publicly report actual
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16 findings of violations of the educational institution's code of
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17 conduct or federal or state laws related to hazing that are reported
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18 to campus authorities, local law enforcement, national
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19 organizations, or any organization formally affiliated with the
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20 educational institution.
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21 2. Such report shall include:
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22 a. the name of the organization,
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23 b. the date on which the organization was charged with a
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24 violation pursuant to this section,
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1 c. the dates on which the event occurred,
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2 d. the date the investigation was initiated,
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3 e. a general description of the incident, charges,
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4 findings, and sanctions placed on the organization,
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5 and
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6 f. the date on which the investigation ended with a
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7 finding that a violation occurred.
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8 3. Investigations that do not result in a finding of a formal
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9 violation of the student code of conduct shall not be included in
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10 the report.
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11 4. The report shall not include any personal identifying
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12 information of the individual student members and shall be subject
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13 to the requirements of the federal Family Educational Rights and
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14 Privacy Act of 1974.
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15 5. Each educational institution shall update such report at
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16 least ten (10) calendar days before the start of each academic
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17 semester.
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18 6. Reports required pursuant to the provisions of this
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19 subsection shall be made available on the educational institution's
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20 website in a prominent location. The webpage that contains the
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21 reports shall include a statement notifying the public:
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22 a. of the availability of additional information related
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23 to findings, sanctions, and organizational sanction
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24 completion,
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1 b. where additional information that is not protected
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2 under the federal Family Educational Rights and
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3 Privacy Act of 1974 may be obtained, and
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4 c. that the educational institution is required to
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5 provide such additional information pursuant to the
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6 Oklahoma Open Records Act.
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7 7. Each educational institution shall furnish a printed notice
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8 of the nature and availability of such report and the website
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9 address where it can be found to attendees of student orientation.
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10 8. Each educational institution shall maintain reports as they
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11 are updated for five (5) years.
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12 9. Each educational institution shall report to local
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13 authorities within seventy-two (72) hours any hazing allegation that
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14 involved a significant risk of serious bodily injury or death.
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15 For purposes of this section:
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16 1. "Hazing" means an activity which recklessly or intentionally
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17 endangers the mental health or physical health or safety of a
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18 student for the purpose of initiation or admission into or
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19 affiliation with any organization operating subject to the sanction
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20 of the public or private school or of any institution of higher
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21 education in this state;
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22 2. "Endanger the physical health" shall include but not be
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23 limited to any brutality of a physical nature, such as whipping,
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24 beating, branding, forced calisthenics, exposure to the elements,
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1 forced consumption of any food, alcoholic beverage as defined in
1
2 Section 506 of Title 37 of the Oklahoma Statutes, low-point beer as
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3 defined in Section 163.2 of Title 37 of the Oklahoma Statutes, drug,
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4 controlled dangerous substance, or other substance, or any other
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5 forced physical activity which could adversely affect the physical
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6 health or safety of the individual; and
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7 3. "Endanger the mental health" shall include any activity,
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8 except those activities authorized by law, which would subject the
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9 individual to extreme mental stress, such as prolonged sleep
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10 deprivation, forced prolonged exclusion from social contact, forced
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11 conduct which could result in extreme embarrassment, or any other
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12 forced activity which could adversely affect the mental health or
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13 dignity of the individual.
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14 SECTION 2. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 1190.a of Title 21, unless there
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16 is created a duplication in numbering, reads as follows:
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17 There is hereby created in the State Treasury a revolving fund
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18 for the Oklahoma State Regents for Higher Education to be designated
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19 the "Anti-Hazing Revolving Fund". The fund shall be a continuing
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20 fund, not subject to fiscal year limitations, and shall consist of
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21 all monies received by the Oklahoma State Regents for Higher
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22 Education from fines collected pursuant to Section 1190 of Title 21
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23 of the Oklahoma Statutes provided for the purpose of hazing
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24 education programs. All monies accruing to the credit of the fund
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1 are hereby appropriated and may be budgeted and expended by the
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2 Oklahoma State Regents for Higher Education for the purpose provided
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3 for in this act. Expenditures from the fund shall be made upon
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4 warrants issued by the State Treasurer against claims filed as
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5 prescribed by law with the Director of the Office of Management and
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6 Enterprise Services for approval and payment.
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7 SECTION 3. This act shall become effective November 1, 2025.
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Req. No. 1028 Page 12Every fact on this page links to its source, starting with the official bill record.