BOG Inspector General Derry Harper opened the report with a
claim that FAMU’s anti-hazing program did not comply with “applicable state law”
in 2011.
"Based upon our Preliminary and Tentative Report of
Investigation, we conclude that FAMU failed to implement an anti-hazing program
that complied with Board of Governors regulations, University regulations or
applicable state law due to a lack of effective institutional and internal
controls designed to prevent, detect, deter, and discipline students involved
in hazing," Harper wrote.
This led to an Associated Press story that began with the
line: "The findings from a year-long investigation show that Florida A&M
University officials failed to follow state laws and regulations regarding
hazing."
The only problem is that Harper’s report fails to specify
any state laws that FAMU’s anti-hazing program allegedly failed to observe.
They are as follows:
Florida’s Anti-Hazing Statute
"Section 1006.63, Florida Statutes, defines hazing as a
third degree felony or a first degree misdemeanor, and requires universities to
provide their policy, rules, and penalties to each student enrolled and include
the bylaws of every sanctioned organization." (Page 18)
Harper’s own report confirms that "the version of FAMU’s Anti-Hazing
Regulation 2.028 in place during 2011 defines hazing, lists penalties, and
requires sanctioned university organizations to include an anti-hazing section
in their bylaws."
Additionally, Harper’s report did not accuse FAMU of failing
to make sure that enrolled students received Anti-Hazing Regulation 2.208.
Public University Police Statute
"The powers, duties and responsibilities regarding University
Police are set forth in section 1012.97, Florida Statutes." (Page 22)
"FAMU Department of Public Safety investigations are governed
by General Order 4, Chapter 9, section 1012.97, Florida Statutes, University
Police and Mutual Aid Agreements between the FAMU Police Department, the
Tallahassee Police Department, and Leon County Sheriff’s Office." (Page 23)
Harper’s report doesn’t specify any portions of Florida Statute
1012.97 that FAMU allegedly violated.
The BOG inspector general’s report is still preliminary. Maybe
the final report will specify which, if any, Florida Statues that FAMU’s
anti-hazing program allegedly violated. The preliminary report doesn’t explain how FAMU’s
anti-hazing program allegedly failed to comply with any state laws.