32050.
(a) For purposes of this section, the following definitions apply:(1) “Affiliated” means currently recognized or sanctioned by the educational institution. For purposes of this section, an organization that had previously been recognized or sanctioned by the educational institution but has subsequently had that recognition or sanction withdrawn shall not be considered affiliated.
(2) “Educational institution” means a public or private institution of higher education in the state. The term includes the officers, employees, or governing bodies of the institution.
(3) “Hazing” means a method of initiation or preinitiation into a student organization or student body that is likely to cause serious bodily injury to a former, current, or prospective student of an educational institution. “Hazing” does not include customary athletic events or school-sanctioned events.
(b) Beginning January 1, 2025, a person against whom hazing is directed may commence a civil action for injury or damages. In addition to bringing an action against any participants in the hazing or the organization pursuant to subdivision (e) of Section 245.6 of the Penal Code, an action may be brought against any educational institution for the hazing practices of the organization involving one or more students if both of the following apply:
(1) The educational institution
has direct involvement in the hazing practices of the organization, or knew or in the exercise of ordinary care reasonably should have known of the hazing practices of the organization and unreasonably failed to prevent, discover, or stop the hazing practices of the organization.
(2) At the time of the alleged hazing incident, the
organization involved in the hazing is affiliated with the educational institution.
(c) For purposes of determining under paragraph (1) of subdivision (b) whether an educational institution “unreasonably failed to prevent,
discover, or stop the hazing practices of the organization,” consideration
shall be given to the extent that the institution, at the time of the alleged hazing incident, had each of the following measures in place:
(1) Adoption and distribution of a written antihazing policy consisting of rules and procedures for hazing prevention, intervention, and discipline, including all of the following:
(A) Prohibition on hazing.
(B) Notice of how violations will be enforced.
(C) Requirements for the reporting of potential hazing.
(D) Examples of unacceptable activities and behaviors.
(E) Required education and training, as described in paragraph (3).
(F) Annual distribution of the policy by means other than online posting.
(G) Designation of at least one employee to oversee the implementation of the antihazing policy.
(H) Posting the antihazing policy online in a readily accessible and prominent location on the educational institution’s internet website in a manner that is easily accessible to the public.
(2) Implementation of an antihazing investigation, enforcement, and reporting program that includes all of the following:
(A) Gathering confidential data about
student experiences with hazing with affiliated student organizations.
(B) Incorporation of the data gathered under subparagraph (A) to build or refine institution-specific hazing prevention strategies.
(C) A process for diligently investigating and responding to reports of hazing in a timely manner.
(D) Documentation of investigations required by subparagraph (C).
(E) Enforcing hazing violations with appropriate penalties, including fines, withholding diplomas or transcripts, discipline such as probation, suspension, or dismissal, and rescission of permission for an affiliated student organization to operate on campus property or be affiliated with the
educational institution.
(F) Reporting of hazing incidents to law enforcement or other appropriate third parties when applicable.
(G) Annual reporting online in a readily accessible and prominent location on the institution’s internet website on past hazing violations without disclosing personal identifying information of students.
(3) Implementation of an institutionwide antihazing education and training program that does all of the following:
(A) Aligns with the educational institution having a primary concern for student safety.
(B) Reinforces that all students, faculty, and staff are responsible for
following reporting procedures when they notice hazing.
(C) Requires training on antihazing policies, early intervention, reporting, and creating a safe school environment.
(d) A civil action brought under this section or Section 245.6 of the Penal Code may seek damages for emotional injuries as a component of actual damages, in addition to any other remedies available under law, including, but not limited to, damages for bodily injury or harm.
(e) This section does not prohibit or limit any other potential cause of action under any other law that is available to a person against whom hazing is directed.