Tennessee State Law on Hazing

Tennessee has specific laws prohibiting hazing, primarily outlined in Tennessee Code Annotated Title 49, Chapter 7, Section 123 (T.C.A. § 49-7-123). This statute applies to higher education institutions.

Hazing is defined as any intentional or reckless act committed in Tennessee, either on or off the property of any higher education institution, by one student (acting alone or with others).

This act must be directed against another student.

The act must endanger the mental or physical health or safety of that student, or induce or coerce the student to endanger their own mental or physical health or safety.

Crucially, the law specifies that hazing does not include customary athletic events or similar contests or competitions. It is limited to actions taken and situations created in connection with initiation into or affiliation with any organization.

Each higher education institution in Tennessee must adopt a written policy prohibiting hazing by any student or organization operating under the sanction of the institution.

This policy must be distributed or made available to each student at the beginning of each school year.

During orientation, or within the first month of each school year, time must be set aside to specifically discuss the hazing policy, including its ramifications as a criminal offense and the institutional penalties that may be imposed by the institution.

Consent is Not a Defense: Under Tennessee law, it is not a defense to prosecution for a hazing offense that the person against whom the hazing was directed consented to or acquiesced in the hazing activity. This means a victim's "agreement" to be hazed does not negate the illegality of the act.

Criminal Offense: Hazing can be a criminal offense in Tennessee. Some university policies note that those charged with hazing are automatically charged with assault.

Institutional Penalties: Beyond criminal charges, universities are required to have their own disciplinary processes and penalties for hazing violations, which can range from warnings and probation to suspension and expulsion from the institution.
Liability: There have been cases where victims of hazing have pursued civil lawsuits, and the liability of individuals and institutions can be complex, even in a comparative negligence state like Tennessee (where a victim's own fault can be considered, though courts may be reluctant to assign high fault to hazing victims due to coercion).

It's important for students, faculty, and staff at Austin Peay State University to be familiar with both the state law and the specific university policy, as the university's policy may expand upon the state's minimum requirements to ensure a safer campus environment.