A BILL TO BE ENTITLED
AN ACT to increase the punishment for committing acts of hazing.
The General Assembly of North Carolina enacts:
SECTION 1.  This act shall be known as the "Harrison Kowiak Act."
SECTION 2.  G.S. 14‑35 reads as rewritten:
"§ 14‑35.  Hazing; definition and punishment.
(a)	Prohibition. – It is unlawful for any person to engage in hazing, or to aid or abet any other person in the commission of this offense.
(b)	Criminal Penalty for Hazing. – Unless the conduct is covered under some other provision of law providing greater punishment, the following penalties apply for violations of subsection (a) of this section:
(1)	A violation of subsection (a) of this section is a Class D felony if the hazing results in the serious bodily injury or death of the victim, or the hazing involves forced or coerced alcohol consumption that results in the victim having a blood alcohol concentration of .30 or higher within a relevant time after the drinking. Notwithstanding any provision of G.S. 15A‑1340.17 to the contrary, the court shall sentence the defendant to an active sentence of no more than 60 months for a first offense under this subdivision. A violation under this subdivision may include a fine of up to ten thousand dollars ($10,000).
(2)	Any other violation of subsection (a) of this section is a Class H felony, which may include a fine of up to one thousand dollars ($1,000).
(c)	Additional Penalties. – The penalties set forth in subsection (b) of this section may be imposed in addition to (i) any penalty that may be imposed for any other criminal offense arising from the same incident or activity and (ii) any penalty that may be imposed by the organization or educational institution pursuant to its bylaws, rules, or policies regarding hazing.
(d)	Criminal Penalty for Failure to Report. – Subject to the investigation authorized under subsection (e), if any person serving as a representative or officer of an organization knew and failed to report to law enforcement that one or more of the organization's members hazed or were hazing another person, the person and organization shall be guilty of a Class A1 misdemeanor. The court may order any or all of the following for an organization convicted under this subsection:
(1)	Payment of a fine of up to ten thousand dollars ($10,000).
(2)	Forfeiture of any State funds received by the organization.
(3)	For a period of time determined by the court, forfeiture of all rights and privileges of being an organization that is organized and operating at the educational institution. If the hazing results in the serious bodily injury or death of the victim, or results in the victim having a blood alcohol concentration of at least .30 within a relevant time after the hazing, the period of time shall be for not less than four years.
(e)	Investigation. – An organization that receives a report alleging the commission of an act or acts of hazing may conduct a timely and efficient investigation to substantiate or determine the veracity of the allegations prior to making a report to law enforcement. The investigation shall be completed no later than 14 days after the date on which the report was received alleging the commission of the act or acts of hazing.
(f)	Civil Remedy. – Nothing in this section shall be construed as precluding any civil remedy provided by law.
(g)	Applicability. – Subsections (a) and (d) of this section do not apply to a person who is the subject of the hazing, regardless of whether the person voluntarily allowed himself or herself to be hazed.
(h)	No Defense. – It is not a defense to prosecution for a violation of this section that the person against whom the hazing was directed consented to or acquiesced in the hazing.
(i)	Definitions. – The following definitions apply in this section:
(1)	Educational institution. – Any elementary or secondary school in this State, and any postsecondary educational institution in this State.
(2)	Hazing. – Any intentional, knowing, or reckless act by a person acting alone or acting with other people that is directed against another person when (i) the person knew or should have known that the act endangered the physical health or safety of the other person or causes severe emotional distress and (ii) the act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization. This term does not include a physical activity that is normal, customary, and necessary for a person's training and participation in an athletic, physical education, military training, or similar program sanctioned by the education institution. This term does include all of the following:
a.	Physical brutality, such as whipping, beating, paddling, striking, branding, electronic shocking, placing of a harmful substance on the body, or a similar activity.
b.	Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects an individual to an unreasonable risk of harm or that adversely affects the physical health or safety of an individual or causes severe emotional distress.
c.	Activity involving the consumption of food, liquid, or any other substance, including an alcoholic beverage or drug, that subjects an individual to an unreasonable risk of harm or that adversely affects the physical health or safety of an individual or causes severe emotional distress.
d.	Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime.
(3)	Organization. – Any fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group, whose members are primarily students at, or former students of, an educational institution. This term includes the national or parent organization of which any of the underlying entities covered under this subdivision is a sanctioned or recognized member at the time of the hazing.
(4)	Pledging. – Any action or activity related to becoming a member of an organization."
SECTION 3.  G.S. 115C‑238.66(12) reads as rewritten:
"(12)	Policies against hazing and bullying. – A regional school is encouraged to adopt a policy against bullying or harassing behavior, including cyber‑bullying, and a policy against hazing, that are consistent with the provisions of Article 29C of this Chapter. If a regional school adopts a policy pursuant to this subdivision, the regional school shall, at the beginning of each school year, provide the policy to staff, students, and parents as defined in G.S. 115C‑390.1(b)(8)."
SECTION 4.  G.S. 115C‑218.75(c) reads as rewritten:
"(c)	Policies Against Hazing and Bullying. – A charter school is encouraged to adopt a policy against bullying or harassing behavior, including cyber bullying, and a policy against hazing, that are consistent with the provisions of Article 29C of this Chapter. If a charter school adopts a policy pursuant to this subsection, the charter school shall, at the beginning of each school year, provide the policy to staff, students, and parents as defined in G.S. 115C‑390.1(b)(8)."
SECTION 5.  G.S. 116‑239.8(b)(15) reads as rewritten:
"(15)	Policies against hazing and bullying. – A laboratory school is encouraged to adopt a policy against bullying or harassing behavior, including cyberbullying, and a policy against hazing, that are consistent with the provisions of Article 29C of Chapter 115C of the General Statutes. If a laboratory school adopts a policy pursuant to this subdivision, the laboratory school shall, at the beginning of each school year, provide the policy to staff, students, and parents as defined in G.S. 115C‑390.1(b)(8)."
SECTION 6.  Section 6(h) of S.L. 2018‑32 reads as rewritten:
"SECTION 6.(h)  Policies Against Hazing and Bullying. – The local school administrative unit operating under a renewal school system plan is encouraged to adopt a policy against bullying or harassing behavior, including cyber‑bullying, and a policy against hazing, that are consistent with the provisions of Article 29C of Chapter 115C of the General Statutes. If the local school administrative unit adopts a policy pursuant to this subsection, the unit shall, at the beginning of each school year, provide the policy to staff, students, and parents as defined in G.S. 115C‑390.1(b)(8)."
SECTION 7.  Article 29C of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑407.16A.  Policy against hazing.
(a)	Definitions. – The following definitions apply in this section:
(1)	Hazing. – Any intentional, knowing, or reckless act by a person acting alone or acting with other people that is directed against another person when (i) the person knew or should have known that the act endangered the physical health or safety of the other person or causes severe emotional distress and (ii) the act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization. This term does not include a physical activity that is normal, customary, and necessary for a person's training and participation in an athletic, physical education, military training, or similar program sanctioned by the education institution. This term does include all of the following:
a.	Physical brutality, such as whipping, beating, paddling, striking, branding, electronic shocking, placing of a harmful substance on the body, or a similar activity.
b.	Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects an individual to an unreasonable risk of harm or that adversely affects the physical health or safety of an individual or causes severe emotional distress.
c.	Activity involving the consumption of food, liquid, or any other substance, including an alcoholic beverage or drug, that subjects an individual to an unreasonable risk of harm or that adversely affects the physical health or safety of an individual or causes severe emotional distress.
d.	Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime.
(2)	Organization. – Any fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group, whose members are primarily students at, or former students of, a local school administrative unit in this State. This term includes the national or parent organization of which any of the underlying entities covered under this subdivision is a sanctioned or recognized member at the time of the hazing.
(3)	Pledging. – Any action or activity related to becoming a member of an organization.
(b)	Requirement. – Each local school administrative unit shall adopt a policy prohibiting hazing.
(c)	Minimum Components. – The policy shall contain, at a minimum, the following components:
(1)	A statement prohibiting hazing.
(2)	A definition of hazing no less inclusive than that set forth in this section.
(3)	A description of the type of behavior expected for each student and school employee.
(4)	Consequences and appropriate remedial action for a person who commits an act of hazing, which shall include expulsion, suspension, or dismissal from the school for at least one semester, quarter, or comparable academic period.
(5)	Consequences and appropriate remedial action for an organization whose member or members commit an act of hazing.
(6)	A procedure for reporting an act of hazing, including a provision that permits a person to report such an act anonymously. This shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.
(7)	A procedure for prompt investigation of reports of serious violations and complaints of any act of hazing, identifying either the principal or the principal's designee as the person responsible for the investigation.
(8)	A statement that (i) prohibits reprisal or retaliation against any person who reports an act of hazing and (ii) specifies the consequence and appropriate remedial action for a person who engages in reprisal or retaliation.
(9)	A statement of how the policy is to be disseminated and publicized, including notice that the policy applies to participation in school‑sponsored functions.
(d)	Additional Components. – Nothing in this Article shall prohibit a local school administrative unit from adopting a policy that includes components beyond the minimum components required in this section.
(e)	Dissemination. – At the beginning of each school year, the principal shall provide the local school administrative unit's policy prohibiting hazing to staff, students, and parents as defined in G.S. 115C‑390.1(b)(8). Notice of the local policy shall appear in any school unit publication that sets forth the comprehensive rules, procedures, and standards of conduct for schools within the school unit and in any student and school employee handbook.
(f)	Training. – Information regarding the local policy against hazing shall be incorporated into a school's employee training program. To the extent funds are appropriated for these purposes, a local school administrative unit shall provide training on the local policy to school employees and volunteers who have significant contact with students.
(g)	Criminal Penalty. – Any remedial action under a policy adopted under this section is additional to any punishment provided under G.S. 14‑35 and any other applicable law."
SECTION 8.  Article 7 of Chapter 115D of the General Statutes is amended by adding a new section to read:
"§ 115D‑77.1.  Policy against hazing.
(a)	Definitions. – The following definitions apply in this section:
(1)	Hazing. – Any intentional, knowing, or reckless act by a person acting alone or acting with other people that is directed against another person when (i) the person knew or should have known that the act endangered the physical health or safety of the other person or causes severe emotional distress and (ii) the act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization. This term does not include a physical activity that is normal, customary, and necessary for a person's training and participation in an athletic, physical education, military training, or similar program sanctioned by the education institution. This term does include all of the following:
a.	Physical brutality, such as whipping, beating, paddling, striking, branding, electronic shocking, placing of a harmful substance on the body, or a similar activity.
b.	Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects an individual to an unreasonable risk of harm or that adversely affects the physical health or safety of an individual or causes severe emotional distress.
c.	Activity involving the consumption of food, liquid, or any other substance, including an alcoholic beverage or drug, that subjects an individual to an unreasonable risk of harm or that adversely affects the physical health or safety of an individual or causes severe emotional distress.
d.	Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime.
(2)	Organization. – Any fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group, whose members are primarily students at, or former students of, a community college. This term includes the national or parent organization of which any of the underlying entities covered under this subdivision is a sanctioned or recognized member at the time of the hazing.
(3)	Pledging. – Any action or activity related to becoming a member of an organization.
(b)	Requirement. – The State Board of Community Colleges shall adopt a policy prohibiting hazing by any student enrolled in a community college.
(c)	Minimum Components. – The policy shall contain, at a minimum, the following components:
(1)	A statement prohibiting hazing.
(2)	A definition of hazing no less inclusive than that set forth in this section.
(3)	A description of the type of behavior expected for each student and school employee.
(4)	Consequences and appropriate remedial action for a person who commits an act of hazing, which shall include expulsion, suspension, or dismissal from the community college for at least one semester, quarter, or comparable academic period.
(5)	Consequences and appropriate remedial action for an organization whose member or members commit an act of hazing.
(6)	A procedure for reporting an act of hazing, including a provision that permits a person to report such an act anonymously. This shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.
(7)	A procedure for prompt investigation of reports of serious violations and complaints of any act of hazing.
(8)	A statement that (i) prohibits reprisal or retaliation against any person who reports an act of hazing and (ii) specifies the consequence and appropriate remedial action for a person who engages in reprisal or retaliation.
(9)	A statement of how the policy is to be disseminated and publicized, including notice that the policy applies to participation in community college‑sponsored functions.
(d)	Additional Components. – Nothing in this Article shall prohibit a local community college board of trustees from adopting a policy that includes components beyond the minimum components required in this section.
(e)	Training. – Information regarding the local policy against hazing shall be incorporated into a community college's employee training program. To the extent funds are appropriated for these purposes, a community college shall provide training on the local policy to community college employees and volunteers who have significant contact with students.
(f)	Criminal Penalty. – Any remedial action under a policy adopted under this section is additional to any punishment provided under G.S. 14‑35 and any other applicable law."
SECTION 9.  Article 1 of Chapter 116 of the General Statutes is amended by adding a new section to read:
"§ 116‑40.13.  Policy against hazing.
(a)	Definitions. – The following definitions apply in this section:
(1)	Hazing. – Any intentional, knowing, or reckless act by a person acting alone or acting with other people that is directed against another person when (i) the person knew or should have known that the act endangered the physical health or safety of the other person or causes severe emotional distress and (ii) the act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization. This term does not include a physical activity that is normal, customary, and necessary for a person's training and participation in an athletic, physical education, military training, or similar program sanctioned by the education institution. This term does include all of the following:
a.	Physical brutality, such as whipping, beating, paddling, striking, branding, electronic shocking, placing of a harmful substance on the body, or a similar activity.
b.	Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects an individual to an unreasonable risk of harm or that adversely affects the physical health or safety of an individual or causes severe emotional distress.
c.	Activity involving the consumption of food, liquid, or any other substance, including an alcoholic beverage or drug, that subjects an individual to an unreasonable risk of harm or that adversely affects the physical health or safety of an individual or causes severe emotional distress.
d.	Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime.
(2)	Organization. – Any fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group, whose members are primarily students at, or former students of, a constituent institution. This term includes the national or parent organization of which any of the underlying entities covered under this subdivision is a sanctioned or recognized member at the time of the hazing.
(3)	Pledging. – Any action or activity related to becoming a member of an organization.
(b)	Requirement. – The Board of Governors shall adopt a policy prohibiting hazing by any student enrolled in a constituent institution.
(c)	Minimum Components. – The policy shall contain, at a minimum, the following components:
(1)	A statement prohibiting hazing.
(2)	A definition of hazing no less inclusive than that set forth in this section.
(3)	A description of the type of behavior expected for each student and employee of the institution.
(4)	Consequences and appropriate remedial action for a person who commits an act of hazing, which shall include expulsion, suspension, or dismissal from the institution for at least one semester, quarter, or comparable academic period.
(5)	Consequences and appropriate remedial action for an organization whose member or members commit an act of hazing.
(6)	A procedure for reporting an act of hazing, including a provision that permits a person to report such an act anonymously. This shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.
(7)	A procedure for prompt investigation of reports of serious violations and complaints of any act of hazing.
(8)	A statement that (i) prohibits reprisal or retaliation against any person who reports an act of hazing and (ii) specifies the consequence and appropriate remedial action for a person who engages in reprisal or retaliation.
(9)	A statement of how the policy is to be disseminated and publicized, including notice that the policy applies to participation in constituent institution‑sponsored functions.
(d)	Additional Components. – Nothing in this Article shall prohibit the Board of Governors from adopting a policy that includes components beyond the minimum components required in this section.
(e)	Training. – Information regarding the policy against hazing shall be incorporated into a constituent institution's employee training program. To the extent funds are appropriated for these purposes, a constituent institution shall provide training on the policy to institution employees and volunteers who have significant contact with students.
(f)	Criminal Penalty. – Any remedial action under a policy adopted under this section is additional to any punishment provided under G.S. 14‑35 and any other applicable law."
SECTION 10.  Section 2 of this act becomes effective December 1, 2019, and applies to offenses committed on or after that date. The remainder of this act is effective when it becomes law. Sections 3 through 7 of this act apply beginning with the 2019‑2020 school year. Sections 8 and 9 of this act apply beginning with the 2019‑2020 academic year.