As noted above in Standard of Conduct 19, the University will take action against any club or organization which has committed an act of hazing as defined by the code. In addition, such organizations and their individual members face criminal prosecution under the laws of the state of South Carolina. Below is a description of the law under which such action may be taken.
According to South Carolina law: “It is unlawful for any person to intentionally or recklessly engage in acts which have a foreseeable potential for causing physical harm to any person for the purpose of initiation or admission into or affiliation with any chartered student, fraternal, or sororal chartered organization. Fraternity, sorority, or other organization for the purposes of this section means those chartered fraternities, sororities, or other organizations operating in connection with a school, college, or university, but shall not include fraternal organizations with a minimum age limit of 21 that do not operate in connection with a school, college, or university. This section does not include customary athletic events or similar contests or competitions, or military training whether state, federal, or educational.”
It is also unlawful for any person to knowingly permit or assist any person in committing acts made unlawful by the above or to fail to report promptly any information within his/her knowledge of acts made unlawful by the above to the chief executive officer of the appropriate school, college, or university.
The implied or express consent of a person to acts which violate the above does not constitute a defense to violations of these sections. Any violator of the law is subject to criminal conviction and may be fined, jailed, or both.
The State of South Carolina
Hazing Policy
ARTICLE 6.
HAZING
SECTION 16-3-510. Hazing unlawful; definitions.
It is unlawful for a person to intentionally or recklessly engage in acts which have a foreseeable potential for causing physical harm to a person for the purpose of initiation or admission into or affiliation with a chartered or nonchartered student, fraternal, or sororal organization. Fraternity, sorority, or other organization for purpose of this section means those chartered and nonchartered fraternities, sororities, or other organizations operating in connection with a school, college, or university. This section does not include customary athletic events or similar contests or competitions, or military training whether state, federal, or educational.
SECTION 16-3-520. Unlawful to assist in or fail to report hazing.
It is unlawful for any person to knowingly permit or assist any person in committing acts made unlawful by Section 16-3-510 or to fail to report promptly any information within his knowledge of acts made unlawful by Section 16-3-510 to the chief executive officer of the appropriate school, college, or university.
SECTION 16-3-530. Penalties.
Any person who violates the provisions of Sections 16-3-510 or 16-3-520 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed five hundred dollars or by imprisonment for a term not to exceed twelve months, or both.