EFFECTIVE DATE: September 09, 2020
ISSUE #: 2
PRESIDENT: Antonio D. Tillis (Interim)
PURPOSE
The University of Houston-Downtown (“University”) is committed to maintaining an
atmosphere of social and ethical responsibility. The University views responsible preinitiation activity as a positive educational approach to preparation for student organization
membership. This policy addresses hazing activity, which is antithetical to the University’s
commitment to a positive educational environment.
Participation in hazing activities is against the law. Violation of the University’s hazing
policy, whether on or off campus, may subject participants, including students and
organizations, to arrest, prosecution and/or disciplinary action, including, but not limited to,
suspension or expulsion of students and the revocation of an organization’s registration and/or
recognition at the University. Consent to or acquiescence in hazing activity is not a defense.
The University strictly prohibits participation in hazing activities by any party, regardless of
the existence of consent. Hazing activities do not contribute to the positive development or
welfare of students. The University of Houston-Downtown recognizes the act of hazing as
illegal, irresponsible, intolerable and inconsistent with the principles of higher education and
basic human development.
Accordingly, this policy strictly prohibits participation in hazing activities by all parties. This
policy includes a summary of the provisions of the law as it relates to hazing.
DEFINITIONS
2.1. Pledge: 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.
2.2. Pledging: Any action or activity related to becoming a member of an organization.
2.3. Student: Any person who:
2.3.1. Is registered in or in attendance at an educational institution;
2.3.2. Has been accepted for admission at the educational institution where the hazing
incident occurs; or
2.3.3. Intends to attend an educational institution during any of its regular sessions after
a period of scheduled vacation.
2.4. Organization: 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
competitions, or a service, social, or similar group, whose members are primarily
students.
2.5. Hazing: 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:
2.5.1. 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;
2.5.2. 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;
2.5.3. Involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other
substance, other than as described by section 2.5.5, that subjects the student to
an unreasonable risk of harm or that adversely affects the mental or physical
health or safety of the student;
2.5.4. 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
2.5.5. Involves coercing, as defined by Section 1.07, Penal Code, the student to
consume:
2.5.5.1. A drug; or
2.5.5.2. 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, Penal Code.
POLICY
3.1. Hazing
3.1.1. Hazing is strictly prohibited by the University.
3.1.2. Personal Hazing Offense
3.1.2.1. A person commits an offense if the person: engages in hazing; solicits,
encourages, directs, aids, or attempts to aid another in engaging in
hazing; or 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 Office
of the Dean of Students or other appropriate official of the institution.
3.1.2.2. The offense of failing to report is a Class B misdemeanor. Any other
offense under this section that does not cause serious bodily injury to
another is a Class B misdemeanor. Any other offense under this
section that causes serious bodily injury to another is a Class A
misdemeanor. Any other offense under this section that causes the
death of another is a state jail felony.
3.1.3. Organization Hazing Offense
3.1.3.1. 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.
3.1.3.2. An offense under this section is a misdemeanor punishable by: a fine
of not less than $5,000 nor more than $10,000; or 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.
3.2. Consent Not a Defense
3.2.1. Consent to or acquiescence in hazing activity is not a defense. Any of the
activities described herein where the initiation or admission into, or affiliation
with, or continued membership in an organization is directly conditioned, shall
be presumed to be “compelled activities;” the willingness of an individual to
participate notwithstanding. It is not a defense to prosecution of an offense that
the person against whom the hazing was directed consented to or acquiesced in
the hazing activity.
3.3. Examples of actions and activities which may constitute hazing include, but are not
limited to, the following:
3.3.1. Compelling individuals to consume alcohol or drugs.
3.3.2. Paddling in any form, shoving or otherwise striking individuals.
3.3.3. Compelling individuals to engage in sexual behaviors, sexual or racial
harassment or slurs or exhibitionism.
3.3.4. Compelling individuals to eat or drink unusual substances or compelling the
consumption of undue amounts or odd preparations of food.
3.3.5. Having harmful substances thrown at, poured on or otherwise applied to the
bodies of individuals.
3.3.6. Morally degrading or humiliating games or activities that make an individual the
object of amusement, ridicule or intimidation.
3.3.7. Transporting individuals against their will, abandoning individuals at distant
locations, or conducting any “kidnap,” “ditch” or “road trip” that may in any
way endanger or compromise the health, safety or comfort of any individual.
3.3.8. Causing an individual to be indecently exposed or exposed to the elements.
3.3.9. Requiring an individual to remain in a fixed position for a long period of time.
3.3.10. Compelling an individual to be branded or tattooed.
3.3.11. “Line-ups” involving intense shouting of obscenities or insults.
3.3.12. Compelling individuals to participate in activities (pranks, scavenger hunts, etc.)
which encourage the defacement of property; engage in theft; harass other
individuals, groups of individuals or organizations.
3.3.13. Excluding an individual from social contact for prolonged periods of time.
3.3.14. Compelling an individual to engage in acts of personal servitude.
3.4. Responsibility of the Organization
3.4.1. The organization has the responsibility to ensure its activities are acceptable
under this policy. If you are not sure whether an activity is hazing, the activity
should be dropped or discussed with the appropriate University official prior to
further activity. Questions regarding the acceptability of a proposed organization
activity should be discussed with the Office of the Dean of Students.
3.5. Enforcement
3.5.1. The President, Chair or Leader of each registered student organization is
responsible for informing the members (pledges, associate members, initiated
members, affiliates, etc.) of the organization of the University policy regarding
hazing. The President, Chair or Leader should discuss and distribute a copy of
this policy to each member of the organization during the first meeting of each
semester.
3.5.2. The President, Chair or Leader of each organization is responsible for informing
their guests and alumni members of that organization regarding this policy and
is additionally responsible for controlling the actions of their guests and alumni
members of that organization regarding this policy.
3.5.3. It is the responsibility of any and all individuals who have firsthand knowledge of the planning or actual occurrence of a hazing activity to promptly report said
knowledge to the Office of the Dean of Students.
3.5.4. Complaints may be made through the Office of the Dean of Students, the
University of Houston-Downtown Police Department, as well as through the
University’s anonymous reporting system, the Fraud and Non-Compliance Hotline (Convercent).
3.5.5. Discipline and sanctions will be handled through the Student Conduct process
as described in the Student Handbook.
3.5.6. Retaliation against any individual, including victims of hazing, good faith
reporters, witnesses and/or cooperating individuals, is prohibited, and may result
in further disciplinary action.
3.6. Immunity from Prosecution or Civil Liability
3.6.1. A court may grant immunity from prosecution for the offense to each person
who is subpoenaed to testify for the prosecution and who does testify for the
prosecution.
3.6.2. Any person who voluntarily reports a specific hazing incident involving a
student in an educational institution to the Office of the Dean of Students or
other appropriate official of the institution is immune from civil or criminal
liability that might otherwise be incurred or imposed as a result of the reported
hazing incident, if the person:
3.6.2.1. Reports the incident before being contacted by the institution
concerning the incident or otherwise being included in the institution's
investigation of the incident; and
3.6.2.2. As determined by the Office of the Dean of Students or other
appropriate official of the institution designated by the institution,
cooperates in good faith throughout any institutional process
regarding the incident.
3.6.3. A person is not immune under section 3.6.2, if the person:
3.6.3.1. Reports the person's own act of hazing; or
3.6.3.2. Reports an incident of hazing in bad faith or with malice.
3.7. Offenses in Addition to Other Penal Provisions
3.7.1. The University may enforce its own penalties against hazing.
PROCEDURES
4.1 University of Houston-Downtown Student Organization Hazing Policy Violations
4.2 Each institution of higher education in the State of Texas is required to publish or
distribute a list of registered student organizations that have been disciplined or
convicted for hazing violations on or off campus during the previous three years.
4.3 During the past three years, no student organization(s) have been disciplined or
convicted for hazing violations on or off campus.
REVIEW PROCESS
Responsible Party (Reviewer): Dean of Students
Review: Every year on or before July 1st
Signed original on file in Employment Services and Operations.
POLICY HISTORY
Issue #1: 08/11/20
REFERENCES
Fraud and Non-Compliance Hotline (Convercent)
