(a) As used in this section:
(1) “Hazing.” Means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in R.C. § 3719.011.
(2) “Organization.” Includes a national or international organization with which a fraternity or sorority is affiliated.
(b) (1) No person shall recklessly participate in the hazing of another.
(2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization.
(c) (1) No person shall recklessly participate in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person.
(2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person.
(d) Whoever violates divisions (b) or (c) of this section is guilty of hazing. A violation of division (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of division (c)(1) or (c)(2) of this section is a felony to be prosecuted under appropriate state law.
(ORC 2903.31)
(e) Reckless failure to immediately report knowledge of hazing.
(1) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other public or private educational institution, who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred.
(2) A violation of division (e)(1) of this section is a misdemeanor of the fourth degree, except that the violation is a misdemeanor of the first degree if the hazing causes serious physical harm.
(R.C. § 2903.311(B), (C))
(f) Any person who is subjected to hazing, as defined in subsection (a) hereof, 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 participants 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 not 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. Chapter 2743, the school, university, college or other educational institution that employed the administrator, employee or faculty member may also be held liable.
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.
(ORC 2307.44)
(g) Whoever violates any of the provisions of this section is guilty of hazing, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 698.02.
(ORC 2903.31)
(h) The penalty provided for in subsection (g) hereof shall be in addition to the civil remedy provided for in subsection (f) hereof.
(Ord. 1983-57. Passed 4-18-83.)