by Congress, see 20 U.S.C. section 1681(a)(3), is self-executing. As an educational institution that
is controlled by the Catholic Church, Thomas Aquinas College is entitled to that statutory
exemption to the extent the application of Title IX is not consistent with the College’s Catholic
tenets.
Thomas Aquinas College also claims the religious organization exemption set forth in
Massachusetts General Laws c.151B, Section 1(5), and is free to operate with respect to matters
of employment, discipline, faith, internal organization, or ecclesiastical rule, custom, or law which
are calculated by Thomas Aquinas College to promote the Catholic principles for which it is
established or maintained.
The exemption may apply to, but is not limited to, requirements as expressed in College
policies including: the College’s founding document A Proposal for the Fulfillment of Catholic
Liberal Education – the College’s mission statement; the Polity; Faculty, Staff, and Student
Handbook; Tutor Guide; Code of Conduct; housing policies; religious practices and customs. We
retain all rights afforded us under federal law and the laws of the Commonwealth of Massachusetts.
MASSACHUSETTS ANTI-HAZING STATUTE
Massachusetts General Laws
Chapter 269 – Crimes Against Public Peace
. . . .
Section 17: Hazing; organizing or participating; hazing defined
Section 17. Whoever is a principal organizer or participant in the crime of hazing, as defined
herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in
a house of correction for not more than one year, or both such fine and imprisonment.
The term ''hazing'' as used in this section and in sections eighteen and nineteen, shall mean any
conduct or method of initiation into any student organization, whether on public or private
property, which wilfully or recklessly endangers the physical or mental health of any student or
other person. Such conduct shall include whipping, beating, branding, forced calisthenics,
exposure to the weather, forced consumption of any food, liquor, beverage, drug or other
substance, or any other brutal treatment or forced physical activity which is likely to adversely
affect the physical health or safety of any such student or other person, or which subjects such
student or other person to extreme mental stress, including extended deprivation of sleep or rest or
extended isolation.
Notwithstanding any other provisions of this section to the contrary, consent shall not be
available as a defense to any prosecution under this action.
Section 18: Failure to report hazing
Section 18. Whoever knows that another person is the victim of hazing as defined in section
seventeen and is at the scene of such crime shall, to the extent that such person can do so without
danger or peril to himself or others, report such crime to an appropriate law enforcement official
as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine
of not more than one thousand dollars.
Section 19: Copy of Secs. 17 to 19; issuance to students and student groups, teams and
organizations; report
Section 19. Each institution of secondary education and each public and private institution of
post secondary education shall issue to every student group, student team or student organization
which is part of such institution or is recognized by the institution or permitted by the institution
to use its name or facilities or is known by the institution to exist as an unaffiliated student group,
student team or student organization, a copy of this section and sections seventeen and eighteen;
provided, however, that an institution's compliance with this section's requirements that an