Section 17.

Whoever is a principal organizer or participant in the crime of hazing, as defined

herein, shall be punished by a fine of not more than three thousand dollars or by

imprisonment in a house of correction for not more than one, [sic] year, or both

such fine and imprisonment.

The term “hazing” as used in this section and in sections eighteen and nineteen,

shall mean any conduct or method of initiation into any student organization,

whether on public or private property, which willfully or recklessly endangers the

physical or mental health of any student or other person. Such conduct shall

include whipping, beating, branding, forced calisthenics, exposure to the

weather, forced consumption of any food, liquor, beverage, drug or other

substance, or any other brutal treatment or forced physical activity which is likely

to adversely affect the physical health of any such student or other person, or

which subjects such student or other person to extreme mental stress, including

extended deprivation of sleep or rest or extended isolation.

Notwithstanding any other provisions of this section to the contrary, consent shall

not be available as a defense to any prosecution under this action.

Whoever knows that another person is the victim of hazing as defined in section

seventeen and is at the scene of such crime shall, to the extent that such person

can do so without danger or peril to himself or others, report such crime to an

appropriate law enforcement official as soon as reasonably practicable. Whoever

fails to report such crime shall be punished by a fine of not more than one

thousand dollars.

Each institution of secondary education and each public and private institution of

post secondary education shall issue to every student group, student team or

(PAGE ONE OF TWO)

student organization which is part of such institution or is recognized by the

institution or permitted by the institution to use its name or facilities or is known

by the institution to exist as an unaffiliated student group, student team, or

student organization, a copy of this section and sections seventeen and eighteen;

provided, however, that an institution’s compliance with this section’s

requirements that an institution issue copies of this section and sections

seventeen and eighteen to unaffiliated student groups, teams, or organizations

shall not constitute evidence of the institution’s recognition or endorsement of

said unaffiliated student groups, teams or organizations.

Each such group, team or organization shall distribute a copy of this section and

sections seventeen and eighteen to each of its members, plebes, pledges or

applicants for membership. It shall be the duty of each such group, team or

organization, acting through its designated officer, to deliver annually, to the

institution an attested acknowledgement stating that such group, team or

organization has received a copy of this section and said sections seventeen and

eighteen, that each of its member, plebes, pledges, or applicants has received a

copy of sections seventeen and eighteen, and that such group, team or

organization understands and agrees to comply with the provisions of this section

and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of

post secondary education shall, at least annually, before or at the start of

enrollment, deliver to each person who enrolls as a full time student in such

institution a copy of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of

post secondary education shall file, at least annually, a report with the regents of

higher education and in the case of secondary institutions, the board of

education, certifying that such institution has complied with its responsibility to

inform student groups, teams or organizations and to notify each full time

student enrolled by it of the provisions of this section and sections seventeen and

eighteen and also certifying that said institution has adopted a disciplinary policy

with regard to the organizers and participants of hazing, and that such policy has

been set forth with appropriate emphasis in the student handbook or similar

means of communication the institution’s policies to its students. The board of

regents and, in the case of secondary institutions, the board of education shall

promulgate regulations governing the content and frequency of such reports, and

shall forthwith report to the attorney general any such institution which fails to

make such report.

(PAGE TWO OF TWO)

Massachusetts law prohibits the sale, delivery, or furnishing of alcohol to persons under 21. In

addition, a social host may under certain circumstances be held liable for injuries caused by a

guest who, having consumed alcohol at the host’s premises, does harm to himself or herself or to

a third party. If the guest is a minor (i.e., under 18), and the host knew or reasonably should

have known that it was furnishing alcohol to a minor, the host may be held responsible for

injuries or damage to the minor or to third parties caused by the minor’s alcohol-influenced

actions. Furthermore, even if the guest was not a minor, a social host may be liable for injuries

to third parties if the host knew or should have known that the guest was intoxicated but,

nevertheless, gave him or her, or permitted him or her to take, an alcoholic drink.

For further information on the effects of alcohol, see

http://www.fas.harvard.edu/~empower/bewell/alcohol_drug_abuse.html

Revised 9/30/2004

NON-HAZING CERTIFICATION

harvard college student activities

In 1985, the Massachusetts Legislature passed a law imposing criminal sanctions on any

person or organization convicted of certain hazing activities. Please see the attached copy of

the Massachusetts Prohibition of Hazing.

Each year Harvard College must notify all students, student groups, teams, or organizations

known to Harvard College of this law, per the provisions of Massachusetts General Laws,

Chapters 269, Sections 17, 18 and 19.

Please review the attached document with your student organization’s membership and

complete the attestation below.

I, __________________________ am the _____________________ (President, Captain,

Coach, Editor, etc) of the ___________________________________ (organization name).

As required by Massachusetts law, I attest to the following:

1. On _______________ (date), I distributed to every member of the organization, in written

or electronic form, (including members comping or trying out for the organization) a copy of

sections seventeen and eighteen of the Massachusetts hazing law (Mass. Gen. L. Ch. 269, §§

17-18).

2. At the same time that I distributed copies of sections seventeen and eighteen, or immediately

thereafter, we held a meeting in which the requirements of the hazing law were fully discussed.

As a result of that discussion, I believe that everyone in the organization understands

the hazing law.

3. At the organization meeting, the members of the student organization acknowledged their

obligation to comply with sections seventeen and eighteen.

If you have any questions regarding this form or about the Massachusetts prohibition on hazing,

please speak with Deans Judith H. Kidd or Paul J. McLoughlin II in the Student Activities

Office in the Office of the Dean of Harvard College.

REVISED 1/2004