SENATE, No. 712

SECTION 1.  Be it enacted that the current anti-hazing laws of Massachusetts be amended to include hazing and or harassment against disabled students living in designated on campus handicapped housing at a college or university that receives funding, including student financial aid from the Commonwealth of Massachusetts.

Be it further enacted that any student who engages in the acts of hazing or harassing of a disabled student(s) for the sole purpose of gaining the sole use of designated handicapped accessible housing to solely benefit their own uses shall be punishable by a fined no less than ten-thousand dollars ($10,000.00) or imprisonment in a state prison for no less than a period of two-five (2-5) years or both.

Be it further enacted that the following terms be defined:

(1). Hazing: degrading, humiliating, forcing of one to drink, eat, swallow or use any substance that might cause drunkenness, lack of alertness, passing out, or any other thing that can cause physical or emotional harm to a disabled victim for the sole purpose of gaining accessible handicapped on campus housing for the hazor’s or abusers’ own use. Caging, hemming in and or causing an obstruction that could amount into the physical injury of another student so living in the on campus housing, and or threatening violence against another student.

(2). Harassment: Harassments that are sexual in nature, the repeated bothering of another person for the sole purpose of acquiring designated handicapped accessible housing for the harassers’ own use, continually following another person around, taunting or intimidating another student.

(3). Designated on campus handicapped accessible housing: Housing that the college or university designates that is amongst other things wheelchair accessible, free of structural and architectural barriers for the purpose of allowing a disabled person to reside in such housing or dorm unit, housing that is equipped with specific equipment such as strobe lights for the doorbell to allow for a def or hearing impaired person to be alerted that the doorbell is ringing, strobe light fire alarms for deaf or hard of hearing persons to be alerted to fire, high markings or Braille or large print knobs on thermostats, stoves, or other places for a blind person to access, and or sufficient space for someone with a disability to move around freely in a wheelchair and or sufficient spacing to allow for adaptive technology that a disabled person may use to do and complete their studies and or other academic requirements while at attendance in a college or university.

(4) Squalor or Damaging: Acts of intentional breakage to the on campus or personal property, placing an obstruction such as broken glass or other objects in front of fire exits, on floors, to windows, piping, and electrical work, and or causing such on campus housing to be in an unhealthy condition as a result of negligent and irresponsible behavior, drinking or the consumption of illegal drugs.

Be it further enacted that any student whether disabled or not and who causes damage or squalor to designated on campus handicapped accessible housing or other housing shall be punished by a fine of not less than five thousand ($1,000.00) or by imprisonment in a state prison for mandatory one (1) year sentence and no sentence may exceed a period of two (2) years or both. Be it further enacted that any student who recklessly causes damage or squalor to any college or university property or housing, whether handicapped accessible or not shall forfeit state financial assistance for a period of one (1) academic year which is defined as being between September 1 until June first of each year.

Be it enacted that any incidents of hazing, harassing, causing of damage to or squalor of on campus housing shall be noted in the student’s academic or educational record by the college or university that the student attends. Be it further enacted that upon graduation from a college or university, a student who has a record of causing damage, squalor or unfavorable conditions to on campus housing whether handicapped accessible or not shall be made liable to reimburse the college the costs of repairs or cleaning of such damage or squalor that they so caused during their years in college. Be it further enacted that such reimbursement period shall begin six (6) months after graduation or at the same time that a student must start repaying their student loans. Be it further enacted that a student’s failure to reimburse a college or university for the costs of repairs, or the cleaning or damages to on campus housing shall result in a negative credit reporting to the three consumer credit reporting bureaus. Be it further enacted that the same penalties shall hold true for college students living off campus in off campus housing, when students engage in acts that causes damage or squalor to apartments, dorms or other forms of housing.

Be it further enacted that upon a complaint of hazing, harassment, or other violent behavior towards a disabled student, it shall be the responsibility of the director of campus housing to report such incidents of hazing or harassing of a disabled student to the Massachusetts Commission against Discrimination and the Massachusetts Office of Disabilities. Be it further enacted that such reports shall be made within twenty-four (24) hours of the alleged incident of student hazing or harassing. Be it further enacted that such report shall be made by phone call within the first twenty-four (24) hours of such alleged hazing or harassing and shall be followed up by a written report within Seventy-two (72) hours from the alleged complaint of said allegation of hazing or harassing.

Be it further enacted that any director of campus housing and or the college or university’s staff who fail to make a report to the Massachusetts Office of Disabilities and the Massachusetts Commission Against Discrimination and the Massachusetts Office of Disabilities within the proscribed period of time, shall result in an automatic suspension of duties to the designated housing director for a period of one (1) academic year, beginning September 1-June 1. Be it further enacted that any college or university receiving state funding including but not limited to student financial aid from the Commonwealth of Massachusetts, who fails to report said allegations of hazing or harassing against a disabled student, to the said Massachusetts Commission Against Discrimination and the Massachusetts Office on Disabilities, in the proscribed time limits shall loose fifteen percent (15%) of its state funding for a period of one fiscal year beginning July 1’st and ending on the following June 30’th. Be it further enacted that repeated failure by the director of housing to report said incidents of hazing or harassing shall after the third repeated offense of failure to make said required reportation to the proscribed offices in the proscribed time limits shall be subject to permanent removal as the director of housing of any college or university so receiving state funding, including but not limited to Student financial aid from the Commonwealth of Massachusetts. Be it further enacted that should any college or university who receives funding from the Commonwealth of Massachusetts, including but not limited to state funded student financial aid repeatedly fail to report said incidents of hazing or harassment against a disabled person shall loose an additional fifteen percent (15%) of their state funding for one each additional fiscal year that they fail to make the required reports to the proscribed offices within the proscribed time limitations, with the third offense of failure to report resulting in a loss of forty-five percent (45%) of state funding including but not limited to state supported student financial aid for a period of one fiscal year, beginning July 1’st and ending the following June 30’th.