Stop Hazing Act Adds Hazing Statistics to Those Reported by Colleges and Universities Nationwide

Kohrman Jackson & Krantz LLP
Contact

The Stop Hazing Act, passed on December 23, 2024, amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”). The Clery Act requires colleges and universities that receive federal funding to report statistics of incidents of crime on college campuses. The Stop Hazing Act also renames the Clery Act—the title is now the Jeanne Clery Campus Safety Act—reflecting the expansion of the act’s coverage from criminal statistics alone to include hazing statistics. Violations of the law, now including failures by institutions to report hazing incidents, can result in fines of up to $69,733 per violation for institutions subject to the Act’s coverage. Clery reporting provides students with safety-related information to assist in decision-making on campus. With the addition of hazing information, prospective and current students may make more informed decisions regarding the organizations they may wish to join and engage with on campus.

New Stop Hazing Act Reporting Requirements

Starting July 1, 2025, institutions covered by the Clery Act will be required to report statistics representing incidents of hazing. The law defines the term “hazing” to mean 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; and (2) causes or creates a risk, above the reasonable risk encountered in the course of participation in the [institution of higher learning] or the organization, of physical or psychological injury. The Act provides the following examples of hazing incidents likely to cause physical or psychological injuries:

  • “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[.]”

The law provides for potential incidents of hazing to include any student organization with two or more members. Sports teams, societies, associations, athletic teams (club and varsity), student band, and student government are just a few examples of student organizations who may be covered. Each recorded general hazing incident must be recorded without personally identifying information of any students involved pursuant to the Family Educational Rights and Privacy Act of 1974 (“FERPA”), and records of each incident must be maintained for a minimum of five (5) years.

The Importance of Talking to Your Student About Hazing

Engaging with teens and young adults about the dangers of hazing is an essential step in preparing them for college. Hazing tragically remains prevalent in collegiate organizations, athletic teams, and various collegiate organizations, and poses significant physical, psychological, and legal risks for all involved. Beyond the physical and psychological harms that hazing can cause, hazing can also result in criminal charges, reputational damage, and civil liability for organizations and individuals alike. By proactively addressing hazing as a topic of discussion in the home, we can help prevent its occurrence, promote safer collegiate experiences, and ensure that young adults understand the importance of fostering and protecting inclusive, supportive communities that uphold values of individual dignity and mutual respect.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Kohrman Jackson & Krantz LLP

Written by:

Kohrman Jackson & Krantz LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Kohrman Jackson & Krantz LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide