Staff Analysis of the Legislation
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SB 85 builds upon the definitions of “hazing” to include coercing a student through the use of social or physical pressure to consume any food, liquid, alcohol, drug, or other substance that would put the student at risk of vomiting, intoxication, or unconsciousness. The definition of "school organization" is also amended to include associations, corporations, orders, and athletic teams that have students or alumni as its principal members, including local affiliate organizations. The definition of "student" is additionally expanded to include prospectively enrolled students within Georgia schools. Hazing students in connection with a school organization is punishable by a misdemeanor of a high and aggravated nature.
SB 85 requires that by July 1, 2021, applicable colleges must establish policies that provide for reporting, investigation, due process, and adjudication of alleged hazing incidents between students and student organizations. Adjudications of hazing or hazing-related convictions shall be made publicly available within 15 days from the final adjudication. The mandated reporting must include the name of the school organization that was involved, the date of the hazing incident, and a description of the findings, sanctions, adjudications, and convictions for any person or school organization. The information will be required to be posted prominently on the school's website for at least five years, although personal identifying information of an individual student is exempted from the public disclosure requirement in compliance with the Family Education Rights and Privacy Act (FERPA).
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