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(A) As used in this section, HAZING means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.
(B) (1) No person shall recklessly participate in the hazing of another.
(2) No administrator, employee or faculty member of any primary, secondary or post-secondary school or of any other educational institution, public or private, shall recklessly permit the hazing of any person.
(C) Whoever violates this section is guilty of hazing, a misdemeanor of the fourth degree.
(D) (1) Any person who is subject to hazing, as defined in division (A) above, may commence a civil action for injury or damages, including mental and physical pain and suffering, that result from the hazing. The action may be brought against any participant in the hazing, any organization whose local or national directors, trustees or officers authorized, requested, commanded or tolerated the hazing, and any local or national director, trustee or officer of the organization who authorized, requested, commanded or tolerated the hazing. If the hazing involves students in a primary, secondary or post-secondary school, university, college or any other educational institution, an action may also be brought against any administrator, employee or faculty member of the school, university, college or other educational institution who knew or reasonably should have known of the hazing and who did make reasonable attempts to prevent it and against the school, university, college or other educational institution. If an administrator, employee or faculty member is found liable in a civil action for hazing, then notwithstanding Ohio R.C. Ch. 2743, the school, university, college or other educational institution that employed the administrator, employee or faculty member may also be held liable.
(2) The negligence or consent of the plaintiff or any assumption of the risk by the plaintiff is not a defense to an action brought pursuant to this section. In an action against a school, university, college or other educational institution, it is an affirmative defense that the school, university, college or other institution was actively enforcing a policy against hazing at the time the cause of action arose.
(E) The penalty provided for in division (C) above shall be in addition to the civil remedy provided for in division (D) above.