Section 3. NEW LAW A new section of law to be codified in the
Oklahoma Statues as Section 1190 of Title 21, unless there is created
a duplication in numbering, reads as follows:
A. No student organization or any person associated with any
organization sanctioned or authorized by the governing board of any
public or private school or institution of higher education in this
state shall engage or participate in hazing.
B. Any hazing activity described in subsection F of this section upon
which the initiation or admission into or affiliation with an
organization sanctioned or authorized by a public or private school or
by any institution of higher education in this state is directly or
indirectly conditioned shall be presumed to be a forced activity, even
if the student willingly participates in such activity.
C. A copy of the policy or the rules and regulations of the public or
private school or institution of higher education which prohibits
hazing shall be given to each student enrolled in the school or
institution and shall be deemed to be part of the bylaws of all
organizations operating at the public school or the institution of
D. Any organization sanctioned or authorized by the governing board of
a public or private school or of an institution of higher education in
this state which violates subsection A of this section, upon
conviction, shall be guilty of a misdemeanor, and may be punishable by
a fine of not more than One Thousand Five Hundred Dollars ($1,500.00)
and the forfeit for a period of not less than one (1) year all of the
rights and privileges of being an organization organized or operating
at the public or private school or at the institution of higher
E. Any individual convicted of violating the provisions of subsection
A of this section shall be guilty of a misdemeanor, and may be
punishable by imprisonment for not to exceed ninety (90) days in the
county jail, or by the imposition of a fine not to exceed Five Hundred
Dollars ($500.00), or by both such imprisonment and fine.
F. For purposes of this section:
1. "Hazing" means an activity which recklessly or intentionally
endangers the mental health or physical health or safety of a student
for the purpose of initiation or admission into or affiliation with
any organization operating subject to the sanction of the public or
private school or of any institution of higher education in this
2. "Endanger the physical health" shall include but not be limited to
any brutality of a physical nature, such as whipping, beating,
branding, forced calisthenics, exposure to the elements, forced
consumption of any food, alcoholic beverages as defined in Section 506
of Title 37 of the Oklahoma Statues, nonintoxicating beverage as
defined in Section 163.2 of Title 37 of the Oklahoma Statues, drug
controlled dangerous substance or other substance, or any other forced
physical activity which could adversely affect the physical health or
safety of the individual; and
3. "Endanger the mental health" shall include any activity, except
those activities authorized by law, which would subject the individual
to extreme mental stress, such as prolonged sleep deprivation, forced
prolonged exclusion from social contact, forced conduct which could
result in extreme embarrassment, or any other forced activity which
could adversely affect the mental health or dignity of the individual.
SECTION 4. This act shall become effective July 1, 1990.
SECTION 5. It being immediately necessary for the preservation of the
public peace, health and safety, an emergency is hereby declared to
exist, by reason whereof this act shall take effect and be in full
force from and after its passage and approval."
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