FIU Marching Band Compliance Agreements
FIUMB Hazing Prevention and University Compliance
I understand that as a member of the FIU Marching Band, I am responsible for my actions and the actions of the band. As a condition of membership, I agree to abide by all standards of conduct established by Florida International University and the code of conduct for students. I agree, as a condition of my membership, to allow the University Band Program/Barry Bernhardt and Band Staff to share information with university staff about my behavior that presents a potential health or safety risk to me or other members of the organization.
Florida International University is in agreement with all aspects of the State of Florida Hazing Law and is set forth in Sections 1.ix, 4.d., and 5.xvi. of the FIU Student and Conduct and Honor Code
Section 1.ix. Hazing: Any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a Student for purposes including, but not limited to, initiation or admission into, affiliation with, or the perpetuation or furtherance of a tradition or ritual of any Student Organization operating under the sanction of the University or other organization or group not officially recognized by the University. Although hazing is typically related to a person’s initiation or admission into, or affiliation with a Student Organization, athletic team (intramural, club or intercollegiate), extracurricular activity or any other University group or organization, it is not necessary to have direct proof that a person’s initiation or continued membership is contingent upon participation in the activity for a charge of hazing to be upheld. The actions of active, prospective, former, or associate members (pledges) of a Student organization may be considered hazing. Organizational leaders who plan a hazing event will be held Responsible even if not in attendance at an event where the hazing occurs. Hazing does not include customary athletic band events or similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.
4.d. Hazing Amnesty: A Student may not be charged under the Code if the Student establishes that, before medical assistance or law enforcement arrived on the scene of a hazing event, the Student rendered aid to the hazing victim and establishes all of the following:
i. the Student was present at an event where, as a result of hazing, a person appeared to be in need of immediate medical assistance; and
ii. The Student was the first person to call 911 or FIU Police to report the need for immediate medical assistance; and
iii. the Student provided their own name, the address where immediate medical assistance was needed, and a description of the medical issue to the 911 operator or FIU Police at the time of the call; and,
iv. The Student remained at the scene with the person in need of immediate medical assistance until such medical assistance or law enforcement arrived and that the Student cooperated with such personnel on the scene
5.xvi: Hazing
i. Any group or individual action or activity that inflicts or intends to inflict physical or mental harm or otherwise endanger or discomfort which may demean, disgrace and/or degrade any person, regardless of location, intent or consent of participant(s).Taking into consideration the aforementioned description, hazing includes, but is not limited to:
1. Interference with a Student’s academic performance;
2. Forced consumption of any food, alcohol, controlled substances, drugs or any other substance;
3. Forced physical activity (e.g., calisthenics, line-ups, walking or marching in formation; excluding typical physical conditioning and training for the activity);
4. Deprivation of food, water or sleep;
5. Not permitting individuals to speak for extended periods of time and/or forced exclusion from social contact;
6. Engaging in activities which involve compelling an individual or group of individuals to remain at a certain location or transporting anyone anywhere within or outside the University (e.g., road trips, kidnaps, drops);
7. Physical or mental abuse of any nature, including physical discomfort;
8. Sexual misconduct of any nature;
9. Theft, defacement or destruction of private or public property;
10. Compelling the performance of personal chores or errands;
11.Verbal abuse or degradation, including yelling or demands;
12. Assigning or endorsing pranks (e.g., stealing, harassing other organizations);
13. Conducting activities designed to deceive or convince a member that they will not be initiated or that they will be hurt;
14. Compelling scavenger hunts, treasure hunts, quests, road trips, big brother/little brother hunts, big sister/little sister hunts;
15. Any action or threatened action that would subject the individual to embarrassment, humiliation or mental distress, including the use of demeaning names; or
16. Any other acts or attempted acts which would constitute hazing pursuant to Section 1006.63 of the Florida Statutes. ii. The following shall not constitute a defense to Hazing:
1.The consent of the victim was obtained;
2.The conduct or activities that resulted in death or injury to the victim was not part of any official organizational event or otherwise sanctioned or approved by a Student Organization or group; or
3.The conduct of activity that resulted in death or injury to the victim was not done as a condition or membership into a Student Organization or group.
"State of Florida Statue 1006.63 states the following: Hazing prohibited. —
(1) As used in this section, the term “hazing” means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to:
(a) Initiation into any organization operating under the sanction of a postsecondary institution;
(b) Admission into any organization operating under the sanction of a postsecondary institution;
(c) Affiliation with any organization operating under the sanction of a postsecondary institution; or
(d) The perpetuation or furtherance of a tradition or ritual of any organization operating under the sanction of a postsecondary institution.
The term includes, but is not limited to, pressuring or coercing the student into violating state or federal law; any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student; or any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. The term does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.
(2) A person commits hazing, a third degree felony, punishable as provided in s. 775.082 or s. 775.083, when he or she intentionally or recklessly commits, solicits a person to commit, or is actively involved in the planning of any act of hazing as defined in subsection (1) upon another person who is a member or former member of or an applicant to any type of student organization and the hazing results in a permanent injury, serious bodily injury, or death of such other person.
(3) A person commits hazing, a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083, when he or she intentionally or recklessly commits, solicits a person to commit, or is actively involved in the planning of any act of hazing as defined in subsection (1) upon another person who is a member or former member of or an applicant to any type of student organization and the hazing creates a substantial risk of physical injury or death to such other person.
(4) As a condition of any sentence imposed pursuant to subsection (2) or subsection (3), the court shall order the defendant to attend and complete a 4-hour hazing education course and may also impose a condition of drug or alcohol probation.
(5) It is not a defense to a charge of hazing that:
(a) The consent of the victim had been obtained;
(b) The conduct or activity that resulted in the death or injury of a person was not part of an official organizational event or was not otherwise sanctioned or approved by the organization; or
(c) The conduct or activity that resulted in death or injury of the person was not done as a condition of membership to an organization.
(6) This section shall not be construed to preclude prosecution for a more general offense resulting from the same criminal transaction or episode.
(7) Public and nonpublic postsecondary educational institutions whose students receive state student financial assistance must adopt a written antihazing policy and under such policy must adopt rules prohibiting students or other persons associated with any student organization from engaging in hazing.
(8) Public and nonpublic postsecondary educational institutions must provide a program for the enforcement of such rules and must adopt appropriate penalties for violations of such rules, to be administered by the person at the institution responsible for the sanctioning of such organizations.
(a) Such penalties at Florida College System institutions and state universities may include the imposition of fines; the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines; and the imposition of probation, suspension, or dismissal.
(b) In the case of an organization at a Florida College System institution or state university that authorizes hazing in blatant disregard of such rules, penalties may also include rescission of permission for that organization to operate on campus property or to otherwise operate under the sanction of the institution.
(c) All penalties imposed under the authority of this subsection shall be in addition to any penalty imposed for violation of any of the criminal laws of this state or for violation of any other rule of the institution to which the violator may be subject.
(9) Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing.
(10) Upon approval of the antihazing policy of a Florida College System institution or state university and of the rules and penalties adopted pursuant thereto, the institution shall provide a copy of such policy, rules, and penalties to each student enrolled in that institution and shall require the inclusion of such policy, rules, and penalties in the bylaws of every organization operating under the sanction of the institution.
(11)(a) This subsection and subsection (12) may be cited as “Andrew’s Law.”
(b) A person may not be prosecuted under this section if he or she establishes all of the following:
1. That he or she was present at an event where, as a result of hazing, a person appeared to be in need of immediate medical assistance.
2. That he or she was the first person to call 911 or campus security to report the need for immediate medical assistance.
3. That he or she provided his or her own name, the address where immediate medical assistance was needed, and a description of the medical issue to the 911 operator or campus security at the time of the call.
4. That he or she remained at the scene with the person in need of immediate medical assistance until such medical assistance, law enforcement, or campus security arrived and that he or she cooperated with such personnel on the scene.
(12) Notwithstanding subsection (11), a person is immune from prosecution under this section if the person establishes that, before medical assistance, law enforcement, or campus security arrived on the scene of a hazing event, the person rendered aid to the hazing victim. For purposes of this subsection, “aid” includes, but is not limited to, rendering cardiopulmonary resuscitation to the victim, clearing an airway for the victim to breathe, using a defibrillator to assist the victim, or rendering any other assistance to the victim which the person intended in good faith to stabilize or improve the victim’s condition while waiting for medical assistance, law enforcement, or campus security to arrive.
History.—s. 333, ch. 2002-387; s. 3, ch. 2005-146; s. 82, ch. 2011-5; s. 1, ch. 2019-133; s. 179, ch. 2020-2."
I acknowledge the following: I have received, read and fully understand the Florida International University Anti-Hazing Policy as contained in FIU Regulation 2501 and the State of Florida Hazing Law. I understand that this form must be completed by every member of the band. I understand that hazing puts me, others, my organization, and Florida International University at risk, and I agree to comply with these regulations, policies and laws. I understand that hazing practices are not only harmful but have no place in intercollegiate athletic band programs. I will not allow myself to be hazed nor will I participate or tolerate in the hazing or harassment of any fellow members of the band. I promise that I will work to eliminate all forms of hazing practices found within my team, as well as to uphold all other rules and regulations of the University.
Failure to abide by prohibitions against hazing may result in criminal prosecution, civil liability, and/or disciplinary action impacting employment, status as a student, or team membership status.
Affirmation of Receipt and Responsibility to
the Code of Conduct