Hazing Memorandum

TO: All Students, Faculty and Staff

FROM: Dr. Margarita M. Arellano

Associate Vice President for Student Affairs and Dean of Students

RE: Hazing Memorandum

DATE: February 19, 2019

The Texas Legislature enacted an anti-hazing law in 1987. The state law provides penal sanctions in the event of a conviction of hazing. According to this law, individuals or organizations engaging in hazing could be subject to fines and charged with a criminal offense.

Hazing on the part of students, faculty or staff is strictly forbidden, whether on or off campus. Texas State University students are expected to be partners in fulfilling the mission of the University by creating and maintaining standards within student groups, teams and organizations that are conducive to personal growth and development. If student groups, teams and organizations are to play an integral part in the University’s plan, they must set standards that encourage each individual to achieve his or her greatest potential. Hazing is the antithesis of this goal because it results in diminishing an individual’s pride and self-esteem. The University will take disciplinary action against individuals and/or groups who are involved in hazing activities. Such disciplinary action may be taken independently of state or local prosecutorial actions.

Definition

State law defines hazing as “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, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization whose members are or include students at an educational institution. The term includes but is not limited to:

Any type of physical brutality such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;
Any type of physical activity such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other 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;
Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk or harm or which adversely affects the mental or physical health or safety of the student;
Any activity that intimidates or threatens the student with ostracism that subjects the student to extreme mental stress, shame, humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection; and
Any activity that induces, causes or requires the student to perform a duty or task which involves a violation of the Penal Code or Code of Student Conduct.

Personal Hazing Offense

A person commits a hazing offense if the person:

Engages in hazing
Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing
Intentionally, knowingly or recklessly permits hazing to occur
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 said knowledge in writing to the Dean of Students office, Student Involvement @ LBJSC or other appropriate entity or official of the institution

University Disciplinary Rules

The law does not restrict the right of Texas State University to enforce its own rules against hazing, and the University will take disciplinary action for conduct that constitutes hazing regardless of whether public authorities prosecute students under the state hazing law.

Hazing with or without the consent of the student is prohibited by Texas State. Both the individual(s) inflicting the hazing and the person submitting to the hazing are subject to disciplinary action. The fact that an individual consented to or acquiesced in a hazing activity is not a defense to prosecution of an offense under the hazing law, and neither will it be under the University’s disciplinary process
Initiations or activities by organizations may not include any feature which is dangerous, harmful or degrading to the student. A violation of this prohibition renders both the organization and participating individuals subject to discipline

Disciplinary Actions

The disciplinary actions assigned/determined in a particular case will vary dependent on the nature of the conduct involved, the circumstances and conditions that existed at the time and the results that followed such conduct.

Possible Actions include but are not limited to:

Disciplinary warning
Disciplinary probation
Withholding grades, official transcript or degree
Bar against readmission or drop from current enrollment and bar against readmission
Required participation in specific educational programs
Restitution
Suspension of rights and privileges
Suspension
Expulsion
Revocation of degree, denial of degree and/or withdrawal of diploma

Immunity from Prosecution Available

In an effort to encourage reporting of hazing incidents, the court may grant immunity from civil or criminal prosecution to any person reporting a specific hazing incident involving a student in an educational institution to the Dean of Students or other appropriate official at Texas State. A person reporting in bad faith or with malice is not protected by this section.

Texas State Alcohol and Drug Amnesty Statement

Texas State is committed to the holistic well-being of its students. In an effort to encourage Texas State students to call Emergency 911 in case of a drug or alcohol related medical emergency, a student will be granted amnesty from formal university disciplinary procedures if:

The student requested medical assistance in response to the possible alcohol or drug overdose of another person;
The student was the “first” person to make a request for medical assistance;
The student remained on the scene until medical assistance arrived; and
The student cooperated with medical assistance and law enforcement personnel.

The reporting student will be expected to provide an account of the episode/event to a university official regardless of the amnesty standard being applied.

F. Disciplined Organizations

In accordance with requirements of the Texas Education Code, Section 51.936(c), the following organization(s) have been disciplined for hazing and/or convicted for hazing as of the last three years when the sanction was complete.

Beta Upsilon Chi. Penalty issued, December 6, 2018

Probation through Spring 2019. Eligible to return to good standing, pending completion of sanctions, in the summer of 2019.

Lambda Xi Delta. Penalty issued, May 21, 2018.

Probation through Spring 2019. Eligible to return to good standing, pending completion of sanctions, in the summer of 2019.

Sigma Tau Gamma Fraternity. Penalty issued, May 14, 2018.

Deferred suspension through Fall 2019. Eligible to return to good standing, pending completion of sanctions, in the spring of 2020.

Phi Gamma Delta Fraternity. Penalty issued, January 18, 2018

2018.

Probation though Fall 2018. Eligible to return to good standing, pending completion of sanctions, in the spring of 2019.

Phi Beta Sigma Fraternity. Penalty issued, April 11, 2017.

Deferred suspension through Spring 2018. Eligible to return to good standing, pending completion of sanctions, in the summer of 2018. The organization is currently suspended by the regional body.

Mu Sigma Nu. Penalty issued, March 9, 2017.

Reinstated to active status January 30, 2019(the organization has completed all sanctions and will be removed from this list as of March 9, 2022)

Pi Kappa Alpha Fraternity. Penalty issued, January 11, 2017.

Suspended from the University on January 11, 2017 due to hazing and non-hazing violations. The organization may petition to return to Texas State University beginning the first class day of spring semester 2019.

Alpha Tau Omega Fraternity. Penalty issued, January 11, 2017.

Delta Tau Delta Fraternity. Penalty issued, January 11, 2017

Kappa Alpha Order. Penalty issued, January 11, 2017

Pi Kappa Phi Fraternity. Penalty issued, September 7, 2016.

Reinstated to active status January 31, 2018 (the organization has completed all sanctions and will be removed from this list as of September 7, 2021).

Phi Kappa Tau Fraternity. Penalty issued on September 2, 2016

Suspended from the University on September 2, 2016. The organization may petition to return to Texas State University once the terms of the suspension are met.

Theta Chi Fraternity. Penalty issued, May 16, 2016.

Reinstated to active status January 25, 2018 (the organization has completed all sanctions and will be removed from this list as of May 16, 2021).

Sigma Delta Lambda Sorority. Penalty issued, April 13, 2016.

Suspended from the University on April 13, 2016. The organization may petition to return to Texas State University beginning the first class day of fall semester 2021.

Omega Psi Phi Fraternity, Inc. Penalty issued April 22, 2015.

Suspended from the University on Aril 22, 2015. The organization may petition to return to Texas State University beginning the first class day of fall semester 2020.

Renegade Roses. Penalty issued, January 6, 2017.

Reinstated to active status August 17, 2017 and it is now in good disciplinary standing (this organization has completed all sanctions and will be removed from this list as of January 6, 2020).

To report an act of hazing, please contact Student Involvement @ LBJSC at (512) 245-3219 or the Dean of Students Office at (512) 245-2124. The information contained in this memorandum can be found on the Dean of Students website at www.dos.txstate.edu.

Texas State University is a member of The Texas State University System.