13 Texas State University drumline members arrested for hazing
Newsroom
9/23/2013

A hazing incident at Texas State University leads to the suspension and arrest of 13 members of the Bobcat marching band.  TSU Vice President for Student Affairs Joanne Smith said freshmen drum line students were blindfolded and led to an apartment where they were forced to drink alcohol. "There were a few students who had alcohol and who actually ended up vomiting and some of the students were asked to get on their hands and knees and put their head in the crotch of another student," said Smith.

Smith said hazing will not be tolerated.  Two of those charged are also facing additional charges of providing alcohol to a minor. She said the last documented hazing incident involving the band was in 2007.

 A hazing memorandum is sent to student at the beginning of each school year.  Read below:

 

TO:       All Students, Faculty and Staff

 

FROM:  Dr. Margarita M. Arellano

Associate Vice President and Dean of Students

 

RE:       Hazing Memorandum

 

DATE:   September 11, 2013

 

The Texas Legislature enacted an anti-hazing law in 1987. The state law provides penal sanctions in the event of a conviction of hazing.   According to this law, individuals or organizations engaging in hazing could be subject to fines and charged with a criminal offense.

 

Hazing on the part of students, faculty or staff is strictly forbidden, whether on or off campus.  Texas State University students are expected to be partners in fulfilling the mission of the University by creating and maintaining standards within student groups, teams and organizations that are conducive to personal growth and development. If student groups, teams and organizations are to play an integral part in the University’s plan, they must set standards that encourage each individual to achieve his or her greatest potential. Hazing is the antithesis of this goal because it results in diminishing an individual’s pride and self-esteem.  The University will take disciplinary action against individuals and/or groups who are involved in hazing activities.  Such disciplinary action may be taken independently of state or local prosecutorial actions.

 

Definition-

State law defines hazing as “any intentional, knowing or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization whose members are or include students at an educational institution.  The term includes but is not limited to:

 

1)      Any type of physical brutality such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;

2)      Any type of physical activity such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

3)      Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk or harm or which adversely affects the mental or physical health or safety of the student;

4)      Any activity that intimidates or threatens the student with ostracism that subjects the student to extreme mental stress, shame, humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection; and

5)      Any activity that induces, causes or requires the student to perform a duty or task which involves a violation of the Penal Code or Code of Student Conduct.

 

  1. Personal Hazing Offense

 

A person commits a hazing offense if the person:

  • Engages in hazing
  • Solicits, encourages,      directs, aids, or attempts to aid another in engaging in hazing
  • Intentionally, knowingly      or recklessly permits hazing to occur
  • Has firsthand knowledge      of the planning of a specific hazing incident involving a student in an      educational institution, or has firsthand knowledge that a specific hazing      incident has occurred, and knowingly fails to report said knowledge in      writing to the Dean of Students office, Campus Activities and Student      Organizations (CASO) or other appropriate entity or official of the      institution

 

  1. University Disciplinary Rules

The law does not restrict the right of Texas State University-San Marcos to enforce its own rules against hazing, and the University will take disciplinary action for conduct that constitutes hazing regardless of whether public authorities prosecute students under the state hazing law.

 

  • Hazing with or without the consent of the student is prohibited by Texas State.  Both the individual(s) inflicting the hazing and the person submitting to the hazing are subject to disciplinary action. The fact that an individual consented to or acquiesced in a hazing activity is not a defense to prosecution of an offense under the hazing law, and neither will it be under the University’s disciplinary process
  • Initiations or activities by organizations may not include any feature which is dangerous, harmful or degrading to the student. A violation of this prohibition renders both the organization and participating individuals subject to discipline

 

  1. Disciplinary Actions

 

The disciplinary actions assigned/determined in a particular case will vary dependent on the nature of the conduct involved, the circumstances and conditions that existed at the time and the results that followed such conduct.

Possible Actions include but are not limited to:

 

  • Disciplinary warning
  • Disciplinary probation
  • Withholding grades, official transcript or degree
  • Bar against readmission or drop from current enrollment and bar against readmission
  • Required participation in specific educational programs
  • Restitution
  • Suspension of rights and privileges
  • Suspension
  • Expulsion
  • Revocation of degree, denial of degree and/or withdrawal of diploma

 

  1. Immunity from Prosecution Available

 

In an effort to encourage reporting of hazing incidents, the court may grant immunity from civil or criminal prosecution to any person reporting a specific hazing incident involving a student in an educational institution to the Dean of Students or other appropriate official at Texas State.  A person reporting in bad faith or with malice is not protected by this section.

 

E.    Disciplined Organizations

 

In accordance with requirements of the Texas Education Code, Section 51.936(c), the following organization(s) have been disciplined for hazing and/or convicted for hazing.

 

 

Kappa Sigma Fraternity. Penalty issued November 20, 2012.

(Deferred Suspension  through fall 2013; Eligible to return to good standing, pending completion of reinstatement expectations, in the Spring semester of 2014)

 

 

To report an act of hazing, please contact Campus Activities and Student Organizations at (512)245-3219 or the Dean of Students Office at (512)245-2124.  The information contained in this memorandum can be found on the Dean of Students website at www.dos.txstate.edu.

 

 

 

 

 


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