(a)Beginning January 1, 2026, a former, current, or prospective student, against whom hazing is directed and who has suffered injury as a result, may commence a civil action for damages. In addition to bringing an action against any participants in the hazing or the organization pursuant to subdivision (e) of Section 245.6 of the Penal Code, an action may be brought against any educational institution for the hazing practice of the organization involving one or more students if all of the following apply:
(1)The educational institution had direct involvement in the hazing practice of the organization, or knew or should have known of the hazing practice and failed to take reasonable steps to prevent the hazing practice of the organization.
(2)At the time of the alleged hazing incident, t
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(a)
Beginning January 1, 2026, a former, current, or prospective student, against whom hazing is directed and who has suffered injury as a result, may commence a civil action for damages. In addition to bringing an action against any participants in the hazing or the organization pursuant to subdivision (e) of Section 245.6 of the Penal Code, an action may be brought against any educational institution for the hazing practice of the organization involving one or more students if all of the following apply:
(1)
The educational institution had direct involvement in the hazing practice of the organization, or knew or should have known of the hazing practice and failed to take reasonable steps to prevent the hazing practice of the organization.
(2)
At the time of the alleged hazing incident, the organization involved in the hazing is affiliated with the educational institution.
(3)
The alleged hazing incident occurred on or after January 1, 2026.
(b)
For purposes of paragraph (1) of subdivision (a), there shall be a rebuttable presumption that an educational institution took reasonable steps to prevent the hazing practice of the organization if the educational institution has all of the following:
(1)
(A)
Rules and regulations governing student behavior that include a prohibition on hazing, anonymous reporting of hazing incidents, and disciplinary actions for the violation of the hazing prohibition.
(B)
Procedures by which all students are informed of the rules and regulations, with applicable penalties, and any revisions to the rules and regulations.
(2)
(A)
Rules and regulations governing employee behavior that include a prohibition on hazing and disciplinary actions for the violation of the hazing prohibition.
(B)
Procedures by which all employees are informed of the rules and regulations, with applicable penalties, and any revisions to the rules and regulations.
(3)
(A)
A comprehensive prevention and outreach program addressing hazing. The comprehensive prevention program shall include components on identifying hazing, hazing prevention, and bystander intervention strategies. An outreach program shall be provided to inform students of the educational
institution’s policy on the prohibition on hazing, and, at a minimum, include a process for contacting and informing the student body, athletic programs, and affiliated student organizations about the educational institution’s overall prohibition on hazing policy. For purposes of this paragraph, “comprehensive prevention and outreach program” includes, but is not limited to, providing information to students about all of the following:
(i)
Hazing awareness, prevention, and the educational institution’s policy on the prohibition on hazing.
(ii)
Campus policies and resources relating to hazing, including how to report hazing to the appropriate campus personnel, which includes anonymous reporting.
(iii)
A focus on prevention and bystander intervention training as it relates to hazing.
(B)
The comprehensive prevention and outreach program to address hazing shall be part of every incoming student’s orientation and shall be offered annually to the following campus-affiliated organizations:
(i)
Athletic teams.
(ii)
Affiliated sororities and fraternities.
(c)
Notwithstanding the provisions of this section, nothing in this section affects existing rights, obligations, and remedies under Section 245.6 of the Penal Code.
(d)
The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under any other law and shall not be construed to relieve any party from any duties or obligations imposed under any other law, and do not limit any
rights or remedies under existing law.