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HAZING

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§ 2-301. Hazing – Prohibition.
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A. For purposes of this section:

1. “Hazing” means an activity which recklessly or intentionally endangers the mental health or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating subject to the sanction of the public or private school or of any institution of higher education in this Nation;

2. “Endanger the physical health” shall include but not be limited to any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, alcoholic beverage as defined in Title 20 of the Osage Nation Code, drug, controlled dangerous substance, or other substance, or any other forced physical activity which could adversely affect the physical health or safety of the individual; and

3. “Endanger the mental health” shall include any activity, except those activities authorized by law, which would subject the individual to extreme mental stress, such as prolonged sleep deprivation, forced prolonged exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual.

B. No student organization or any person associated with any organization sanctioned or authorized by the governing board of any public or private school or institution of higher education in this Nation shall engage or participate in hazing.

C. Any hazing activity described in subsection (A) of this section upon which the initiation or admission into or affiliation with an organization sanctioned or authorized by a public or private school or by any institution of higher education in this Nation is directly or indirectly conditioned shall be presumed to be a forced activity, even if the student willingly participates in such activity.

D. A copy of the policy or the rules and regulations of the public or private school or institution of higher education which prohibits hazing shall be given to each student enrolled in the school or institution and shall be deemed to be part of the bylaws of all organizations operating at the public school or the institution of higher education.

E. Any person convicted of committing the criminal offense of hazing shall be guilty of a crime punishable by imprisonment in the Tribal Jail for not to exceed ninety (90) days, or by a fine not to exceed Five Hundred Dollars ($500.00), or both.

F. Any organization sanctioned or authorized by the governing board of a public or private school or of an institution of higher education in this Nation which violates subsection (B) of this section, upon conviction, shall be guilty of a crime punishable by a fine of not more than One Thousand Five Hundred Dollars ($1,500.00) per incident, and the forfeit for a period of not less than one year all of the rights and privileges of being an organization organized or operating at the public or private school or at the institution of higher education. ONCA 22-33, eff. Apr. 25, 2022.