Hazing Policy
The following information has been prepared by the Student Affairs Office and T.I.P. Social Club in response to continuing questions and concerns regarding hazing activities. This information is designed to assist the reader in understanding McMurry University’s position on such activities and to clarify provisions of the Student Code of Conduct and the State of Texas Law against hazing. This information is intended to be educational and should not be viewed as all inclusive or exclusive in its content and definitions. Specific questions should be referred to the Student Affairs Office or the respective interclub.
McMurry University Hazing Policy
Hazing is defined as any action taken or situation created intentionally or unintentionally, whether on or off campus, to produce mental, physical, or psychological discomfort, embarrassment, harassment, or ridicule; or which threatens the safety of the student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Such activities may include, but are not limited to the following: use of alcohol; paddling in any form; creation of excessive fatigue; quests, treasure hunts, scavenger hunts, road trips or any other such activities carried on outside or inside of the confines of the University; wearing of public apparel which is conspicuous and not normally in good taste or perceived humiliating or embarrassing; engaging in public stunts and buffoonery; morally degrading or humiliating games and activities; and any other activities which are not consistent with social club law, ritual or policy or the regulations and policies of McMurry University.
Statement of Position
Consistent with United Methodist Church philosophy and principles, McMurry University is strongly committed to the development of the student and promotion of personal integrity and self-responsibility. Students, as members of the McMurry community are strongly encouraged to become active in these organizations, students should recognize the responsibilities associated with being a member. This includes the following University policies and procedures and the laws of the State of Texas. Hazing in any form, even the most harmless (perceived), is still hazing and a violation of the law and University policy. As a member of the McMurry community, you are asked to resume responsibility and do all you can to assist your organizations to eliminate hazing on campus.
State Law & University Policy
Sec.37.151
In this subchapter:
(1) “Educational institution” includes a public or private high school.
(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, club, or student government, a band or musical group or an academic, athletic, cheerleading, or dance team, including any group or team that participates in National Collegiate Athletic Association competition, or a service, social, or similar group, whose members are primarily students.
(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 for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act:
(A) is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;
(B) involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar 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) involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, other than as described by Paragraph (E), that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
(D) is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code; or
(E) involves coercing, as defined by Section 1.07 (Definitions), Penal Code, the student to consume:
(i) a drug; or
(ii) an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Section 49.01 (Definitions), Penal Code.
Sec.37.152
(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) 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 has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution.
(b) The offense of failing to report is a Class B misdemeanor.
(c) Any other offense under this section that does not cause serious bodily injury to another is a Class B misdemeanor.
(d) Any other offense under this section that causes serious bodily injury to another is a Class A misdemeanor.
(e) Any other offense under this section that causes the death of another is a state jail felony.
(f) Except if 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 a person placed on community supervision under Chapter 42A (Community Supervision), 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.37.153
(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:
(1) a fine of not less than $5,000 nor more than $10,000; or
(2) if the court finds that the offense caused personal injury, property damage, or other loss, a fine of not less than $5,000 nor more than double the amount lost or expenses incurred because of the injury, damage, or loss.
Sec. 37.156
This subchapter does not affect or repeal any penal law of this state. This subchapter does not limit or affect the right of an educational institution to enforce its own penalties against hazing.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Sec.18
Subchapter Z, Chapter 51, Educational Code, is amended by adding Sections 51.932 through 51.936 to read as follows:
Sec. 51.936 HAZING
(b) For purposes of this section, “postsecondary educational institution” means:
(1) an institution of higher education as defined by Section 61.003 (Definitions);
(2) a private or independent institution of higher education as defined by Section 61.003 (Definitions); or
(3) a private postsecondary educational institution as defined by Section 61.302 (Definitions).
(c) Not later than the 14th day before the first class day of each fall or spring semester, each postsecondary educational institution shall distribute to each student enrolled at the institution:
(1) a summary of the provisions of Subchapter F (Definitions), Chapter 37 (Discipline; Law and Order); and
(2) a copy of, or an electronic link to a copy of, the report required under Subsection (c-1).
(c-1) Each postsecondary educational institution shall develop and post in a prominent location on the institution’s Internet website a report on hazing committed on or off campus by an organization registered with or recognized by the institution. The report:
(1) must include information regarding each disciplinary action taken by the institution against an organization for hazing, and each conviction of hazing under Section 37.153 (Organization Hazing Offense) by an organization, during the three years preceding the date on which the report is issued or updated, including:
(A) the name of the organization disciplined or convicted;
(B) the date on which the incident occurred or the citation was issued, if applicable;
(C) the date on which the institution’s investigation into the incident, if any, was initiated;
(D) a general description of:
(i) the incident;
(ii) the violations of the institution’s code of conduct or the criminal charges, as applicable;
(iii) the findings of the institution or court; and
(iv) any sanctions imposed by the institution, or any fines imposed by the court, on the organization; and
(E) the date on which the institution’s disciplinary process was resolved or on which the conviction became final;
(2) must be updated to include information regarding each disciplinary process or conviction not later than the 30th day after the date on which the disciplinary process is resolved or the conviction becomes final, as applicable; and
(3) may not include personally identifiable student information and must comply with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
(c-2) Each postsecondary educational institution shall provide to each student who attends the institution’s student orientation a notice regarding the nature and availability of the report required under Subsection (c-1), including the report’s Internet website address.
(d) If the institution publishes a general catalogue, student handbook, or similar publication, it shall publish a summary of the provisions of Subchapter F (Definitions), Chapter 37 (Discipline; Law and Order), in each edition of the publication.
(e) Section 1.001 (Applicability)(a) does not limit the application of this section to postsecondary educational institutions supported in whole or in part by state tax funds.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 18, eff. May 30, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 594 (H.B. 1791), Sec. 1, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38), Sec. 4, eff. September 1, 2019.
(b) For purposes of this section, “postsecondary educational institution” means:
(1) an institution of higher education as defined by Section 61.003 (Donation of Reimbursement);
(2) a private or independent institution of higher education as defined by Section 61.003 (Donation of Reimbursement); or
(3) a private postsecondary educational institution as defined by Section 61.302.
(c) Each postsecondary educational institution shall distribute to each student during the first three weeks of each semester:
(1) a summary of the provisions of Subchapter F, Chapter 37 (Appointments of Attorneys Ad Litem, Guardians Ad Litem, Mediators, and Guardians); 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.
(d) If the institution publishes a general catalogue, student handbook, or similar publication, it shall publish a summary of the provisions of Subchapter F, Chapter 37 (Appointments of Attorneys Ad Litem, Guardians Ad Litem, Mediators, and Guardians), in each edition of the publication.
(e) Section 1.001 (Purpose of Code)(a) does not limit the application of this section to postsecondary educational institutions supported in whole or in part by state tax funds.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 18, eff. May 30, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 594 (H.B. 1791), Sec. 1, eff. September 1, 2005.