New Mexico has no anti-hazing legislation. State Sen. Harold Pope proposes to change that

Two bills targeting hazing in New Mexico's schools are making their way through legislative committees.

The legislation would make hazing a criminal act and moves to hold educational institutions and their leaders accountable for improving hazing education and prevention, as well as requires schools to report hazing incidents to the state each year.

Senate Bill 55, titled Anti-Hazing Act, was introduced by Harold Pope, a Democrat representing Bernalillo. Rep. Pamelya Herndon from Albuquerque has since signed on to co-sponsor the bill. On Jan. 24, the Senate Education Committee passed the bill; it will next be heard in the Senate Judiciary Committee.

House Bill 225, titled Create Crime of Hazing, is sponsored by Rep. Joshua Hernandez, a Republican from Rio Rancho and would encompass grades K-12, as well as colleges and universities in the state. The proposed bill would also create criminal penalties for both individuals who commit hazing acts and for anyone - coaches, teachers, staff - who reasonably should have known and did not report. It also includes a $500,000 appropriation for the Higher Education Department to establish an online reporting portal. The bill was introduced this week and is currently in the House Judiciary Committee.

Here's what to know about the proposed legislation.

Should hazing be a crime?

Pope said Senate Bill 55 mirrored legislation passed in Washington in 2022.

"New Mexico does not currently have anti-hazing legislation on the books, and we believe that the Legislature agrees that doing so is a critical piece of holding abusers accountable," said Gov. Michelle Lujan Grisham's spokesperson Maddy Hayden in an email to the Sun-News.

"The absence of such legislation leaves gaps in our legal framework including the effective prosecution of offenders," Pope said during Wednesday's hearing. "An anti-hazing law would not only serve as a deterrent but also provide clear guidelines for educational institutions and organizations to prevent and address hazing instances."

Pope's bill proposes making hazing a misdemeanor. The Senate Education Committee passed an amendment to the bill on Wednesday to remove a fourth-degree felony penalty for those who commit hazing that results in substantial bodily harm to another.

However, the House bill still calls for misdemeanor penalties for those who commit hazing and for those who should have known and failed to report. It also creates a fourth-degree felony for those who commit aggravated hazing, which the bill defines as an, "unlawful act, intentionally committed against a person who is a student or prospective student of an educational entity."

Why is hazing on the legislative agenda?

While not in direct response to the incidents involving New Mexico State men's basketball last year, the events that led to an $8 million civil settlement, three former players facing multiple felony sexual assault charges and the cancellation of a portion of the season and termination of coaches, was mentioned several times during committee discussion on Wednesday.

"In our state, we have witnessed the detrimental effects of hazing on the lives of our residents," Pope said during the hearing. "Incidents have occurred that resulted in severe injuries and long term psychological trauma."

If passed, SB 55 would be the first on the books in New Mexico, one of six states without anti-hazing legislation, according to Pope. It was an issue that Gov. Michelle Lujan Grisham said in April would be addressed in the month-long session.

Legislation holds higher ed institutions responsible in hazing

The Anti-Hazing Act would require a code of conduct and hazing prevention at post secondary education institutions in the state and require an annual report of incidents at each institution.

During Wednesday's committee discussion, the bill received broad support, including comments in favor from student government leaders at NMSU and the University of New Mexico.

NMSU Interim President Jay Gogue also supports anti-hazing legislation.

"I understand that the Higher Education Department is in the process of creating another bill," said Gogue, who has been in Santa Fe through the first two weeks of the session. "I think it's logical and I think it's reasonable. Most states have something in that area."

Additionally, any organization, association or student living group that permits hazing would "forfeit any official recognition or approval granted by a public or private post-secondary educational institution," according to the proposed legislation.

Proposed legislation requirements regarding hazing

Both bills call for more education regarding hazing at post secondary education institutions. Beginning in the 2024- 2025 school year, public and private post-secondary institutions would be required to provide hazing education to students and publish materials on a student's rights and responsibilities and include the institution's statement on its anti-hazing policy.

The Senate bill would require institutions to form a committee that includes students, faculty members and parents. An institution would be required to publicly report actual findings of violations by any student organization, athletic team or living group, specifically indicating which group was involved, the dates of the investigation, a description of the incident and details of sanctions imposed. If violations are not found to have occurred following an investigation, it would not be included in the report. The reports would be subject to federal privacy laws.

The House bill takes reporting a step further with the creation and maintenance of the HED online hazing portal to be established in 2025. Reports of hazing or aggravated hazing would be reported to the office of civil rights of the U.S. Department of Education. Public and private schools, colleges and universities would also be required to report annually

Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on X, formerly Twitter, @jpgroves.

This article originally appeared on Las Cruces Sun-News: New Mexico lawmakers say it hazing should be a crime