Indiana - Hazing Policy: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law prohibits hazing as a violation of student codes of conduct without requiring districts to adopt hazing policies.

Indiana Code 35-42-2-2.5 Hazing; good faith reporting

(a) As used in this section, “hazing” means forcing or requiring another person:

  • (1) with or without the consent of the other person; and
  • (2) as a condition of association with a group or organization;
    to perform an act that creates a substantial risk of bodily injury.
    (b) A person who knowingly or intentionally performs hazing commits a Class B misdemeanor. However, the offense is a Level 6 felony if it results in serious bodily injury to another person, and a Level 5 felony if it is committed by means of a deadly weapon.
    (c) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator were an adult, who:
  • (1) makes a report of hazing in good faith;
  • (2) participates in good faith in a judicial proceeding resulting from a report of hazing;
  • (3) employs a reporting or participating person described in subdivision (1) or (2); or
  • (4) supervises a reporting or participating person described in subdivision (1) or (2);
    is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.
    (d) A person described in subsection (c)(1) or (c)(2) is presumed to act in good faith.
    (e) A person described in subsection (c)(1) or (c)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:
  • (1) an offense under this section; or
  • (2) a delinquent act that would be an offense under this section if the offender were an adult.
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