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“Stop Campus Hazing Act” Imposes New Reporting and Policy Requirements on Higher Education Institutions
On December 24, 2024, President Joe Biden signed into law H.R 5646, the “Stop Campus Hazing Act” (Act). The Act was passed to help strengthen campus safety by requiring postsecondary institutions to: (1) include hazing incidents in their annual security report (ASR) required by the Clery Act; (2) create and publish hazing education and prevention policies and programs; and (3) publish on their institutional websites summaries of hazing violations involving student organizations.
I. Prevention Programs and Policies
By June 24, 2024, Colleges and universities must implement and publish: (1) anti-hazing policies; (2) policies for reporting hazing incidents; (3) hazing investigation procedures; (4) information on applicable local, state, and/or Tribal hazing laws; and (5) campus-wide hazing prevention and awareness involving students, staff, faculty, and other stakeholders.
II. Campus Hazing Transparency Report
By December 2025, colleges and universities must also publish on their institutional websites the names of officially established or recognized student organizations that have violated anti-hazing policies through a “Campus Hazing Transparency Report” (CHTR). The CHTR must include the name of the student organizations found responsible for hazing violations. The CHTR must also include summaries of the hazing incidents, including a general description of the violation, the date of the alleged incident, the date of the initiation of the investigation, the date the investigation ended with a finding, the sanction, and the date the institution provided notice to the student organization of the finding. The CHTR must be updated at least twice a year.
III. Inclusion of Hazing Statistics in the Annual ASR
The Act requires colleges and universities that participate in federal student aid programs and are subject to the Clery Act reporting requirements to disclose any hazing incidents that were reported to campus security authorities or local police in their annual ASR. “Hazing” for the purposes of Clery Act reporting is “[A]ny intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate,” that is “committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization;” and “causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury.”
Examples of hazing include but are not limited to: (1) whipping or beating; (2) causing, coercing, or inducing sleep deprivation, consumption of substances, or performance of sexual acts; and (3) any activity that places another person in reasonable fear of bodily harm using threatening words or conduct. Under the Act, a “student organization” means an organization (such as a club, fraternity or sorority, sports team, or student organization) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution.
IV. Recommended Actions
While California law addressed hazing through criminal penalties and institutional policies, via Penal Code Section 245.6 (Matt’s Law) and Education Code Section 66300, it did not provide the comprehensive reporting and preventive measures required by the federal Stop Campus Hazing Act. California’s colleges and universities need to align their practices with these new federal standards. To comply with the Act’s requirements, we recommend Colleges and Universities undertake the following:
Update or establish the institutions anti-hazing policies, and reporting and enforcement protocols by June 24, 2025.
Review or establish current hazing prevention programs by June 24, 2025.
Begin collecting hazing statistics to include in the next ASR due October 1, 2025.
Prepare to establish a website to include information about hazing violations on or after July 1, 2025.
Review student handbooks and other institutional materials that address hazing to ensure they align with the Act’s standards and definitions and provide offer clear, consistent, and unified details about the institution’s stance against hazing and the consequences of violating its anti-hazing policy.