Upstate, SC lawmaker proposes lengthy prison term for dangerous, alcohol-fueled hazing
A Republican lawmaker from the Upstate has proposed legislation that would create stricter penalties for hazing at South Carolina colleges and universities.
State Rep. Mike Burns, R-Greenville, last month filed H. 4531, which would create a felony offense for certain kinds of hazing. Under current state law, hazing is considered a misdemeanor, punishable by up to a year in prison and a $500 fine. Burns said the current law isn’t strong enough to stop hazing across the state.
“It’s like anything else that you do, sometimes you take a first step to get something done and you see that it wasn’t quite delivering what needed to be done to protect these 18- or 19-year-old students going into colleges and universities,” Burns said.
Last year, the Legislature considered a proposal to make hazing that causes serious injury a felony. The bill, similar to Burn’s, had bipartisan support and was favored by officials at the University of South Carolina, but the COVID-19 pandemic cut the 2020 legislative session short.
The debate followed a series of high-profile hazing deaths across the country in 2019. In 2014, Clemson University student Tucker Hipps died after falling from a bridge as part of a hazing incident.
Burns wants to tighten penalties for dangerous hazing.
Though some hazing would still be labeled a misdemeanor, the penalty would include up to one year in prison and a fine of up to $1,000.
If the hazing resulted in serious injury or impairment of bodily function, it would be considered a felony, with a penalty of up to five years imprisonment and a $2,500 fine. Additionally, hazing that results in death or major injury that included alcohol or an illegal substance also would be considered a felony, punishable by up to 15 years in prison and a $10,000 fine.
The legislation extends legal protections to victims, banning law enforcement from charging them with a hazing crime “even if the victim volunteered, participated or consented to the hazing.”
And it also carries penalties for organizations, such as a fraternity or sorority, that don’t report hazing to police. Members of the organization who knew about the hazing but didn’t report it could face a fine of up to $10,000 and the organization could be stripped of public dollars and any rights and privileges they have at the university for at least four years.
Burns said he filed the legislation to serve as a deterrent for dangerous hazing behavior across the state, because current hazing laws don’t have enough teeth. He said the bill should push universities to more closely investigate allegations of hazing and set clear expectations of groups about what is expected.
“There has to be stricter enforcement, stricter expectations and stricter punishments if you do this,” Burns said. “The universities need to take a firmer stance and do the due diligence so we don’t have so many negative incidents come about.”
