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AB 2193 – Prohibits Hazing in Institutions of Higher Education

CATEGORY: Private Education Matters
CLIENT TYPE: Private Education
DATE: Oct 25, 2024

Assembly Bill 2193 (AB 2193) prohibits a person from being subjected to hazing in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. AB 2193 defines an “educational institution” as a public or private institution of higher education in California, including the officers, employees, or governing bodies of the institution when acting in their official capacity.

Effective January 1, 2026, AB 2193 authorizes a former, current, or prospective student, against whom hazing is directed and who has suffered injury as a result, to commence a civil action against an educational institution if (1) the institution has 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; (2) the organization involved in the hazing is affiliated with the educational institution at the time of the alleged hazing incident; and (3) the alleged hazing incident occurred on or after January 1, 2026.

For purposes of determining whether an educational institution “knew or should have known of the hazing practice and failed to take reasonable steps to prevent the hazing practice of the organization,” AB 2193 establishes a rebuttable presumption that an educational institution took reasonable steps to address hazing if the educational institution possesses all of the following specified anti-hazing measures: (1) rules and regulations governing student behavior that include a prohibition on hazing, anonymous reporting on hazing, disciplinary actions for the violation of the hazing prohibition, and procedures by which students are informed of the rules and regulations; (2) rules and regulations governing employee behavior that include a prohibition on hazing and disciplinary actions for the violation of the hazing prohibition, and procedures to inform employees of these rules and regulations; and (3) a comprehensive prevention and outreach program addressing hazing that includes components on identifying hazing, hazing prevention, and bystander intervention strategies. This prevention and outreach program must be part of every incoming student’s orientation and must be offered annually to athletic teams and recognized sororities and fraternities.

AB 2193 also requires the Trustees of the California State University, the Regents of the University of California, and independent institutions of higher education that participate in the Pell Grant Program and other specified federal student aid programs, on or before June 30, 2026, and annually thereafter, to report to the appropriate policy committees of the Legislature the number of hazing incidents that constituted a violation of the institution’s policy prohibiting hazing, and whether the violation was affiliated with a student organization.

AB 2193 also requires the state Department of Education to provide a model anti-hazing policy and resources on hazing prevention on its website on or before July 1, 2025.

(AB 2193 adds section 32051 and Chapter 5.1, commencing with section 66205, to the Education Code.)

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