Stop Campus Hazing Act Becomes the Law of the Land

Micah E. Kamrass, Fraternal Law Partners, mkamrass@manleyburke.com

Late last month, President Biden signed the Stop Campus Hazing Act^[1] after it was unanimously passed by both the House and the Senate. Part of the bipartisan support stemmed from the tremendous legislative support from the fraternity and sorority community.

The law does not create additional affirmative duties for international fraternities or sororities. Instead, it places obligations on colleges and universities that receive federal funding, which is nearly all colleges and universities in the United States.

Perhaps the greatest change that will result from the law is the annual requirement that each impacted college and university must now publicly post hazing disciplinary results in its Clery Report and also in a separate Hazing Report. It is critical to note that these reports will cover all students and student organizations, and not just hazing in the fraternity and sorority community. One can expect that this reporting data will include incidents from sports teams, marching bands, and other types of student organizations, in addition to hazing in fraternities and sororities. Colleges and universities must now also post statements of their current hazing policies and processes, along with policy statements regarding their prevention and awareness programs pertaining to hazing.

The act also defines hazing (for purposes of this law) as:

Any 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 (1) is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization (e.g., a club, athletic team, fraternity, or sorority); and (2) causes or creates a risk, above the reasonable risk encountered in the course of participation in the IHE or the organization, of physical or psychological injury.

Possible examples of hazing listed in the law include:

Whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity; causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity; causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances; causing, coercing, or otherwise inducing another person to perform sexual acts; any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct; any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law.

It is important to note that this law does not change any state law definitions of hazing nor does it require any college or university to change its current definition of hazing.

 It is exciting to see a law of this nature pass with unanimous bipartisan support. Fraternal Law will continue to provide updates on the implementation and practical impacts that follow.

[1] Stop Campus Hazing Act, H.R. 5646, 118th Cong. (2023-2024).