[118th Congress Public Law 173]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 2597]]
Public Law 118-173
118th Congress
An Act
To amend the Higher Education Act of 1965 to require institutions of
higher education to disclose hazing incidents, and for other
purposes. <<NOTE: Dec. 23, 2024 - [H.R. 5646]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Stop Campus
Hazing Act.>>
SECTION <<NOTE: 20 USC 1001 note.>> 1. SHORT TITLE.
This Act may be cited as the ``Stop Campus Hazing Act''.
SEC. 2. INCLUSION OF HAZING INCIDENTS IN ANNUAL SECURITY REPORTS.
(a) Statistics on Hazing Incidents.--
(1) In general.--Section 485(f)(1)(F) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)) is amended--
(A) in clause (i)(IX), by striking ``and'' after the
semicolon;
(B) in clause (ii), by striking ``and'' after the
semicolon;
(C) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(iv) of hazing incidents that were reported
to campus security authorities or local police
agencies.''.
(2) Compilation of hazing incidents.--Section 485(f)(7) of
the Higher Education Act of 1965 (20 U.S.C. 1092(f)(7)) is
amended by inserting after the second sentence the following:
``For hazing incidents referred to in clause (iv) of paragraph
(1)(F), such statistics shall be compiled per each single hazing
incident and in accordance with the definition of the term
`hazing' in paragraph (6)(A)(vi), and if the same person or
persons commit more than one hazing act, and the time and place
intervals separating each such act are insignificant, such acts
shall be reported as a single hazing incident.''.
(3) <<NOTE: 20 USC 1092 note.>> Beginning of compilation of
hazing statistics.--Not later than January 1 of the first year
after the date of enactment of this Act, each eligible
institution participating in any program under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), other
than a foreign institution of higher education, shall begin to
collect statistics on hazing incidents for the purpose of
complying with clause (iv) of section 485(f)(1)(F) of such Act,
as added by paragraph (1) of this subsection.
(4) Definition of hazing.--Section 485(f)(6)(A) of the
Higher Education Act of 1965 (20 U.S.C. 1092(f)(6)(A)) is
amended by adding at the end the following:
[[Page 138 STAT. 2598]]
``(vi) The term `hazing', for purposes of reporting
statistics on hazing incidents under paragraph (1)(F)(iv), means
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--
``(I) is committed in the course of an initiation
into, an affiliation with, or the maintenance of
membership in, a student organization; and
``(II) 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 including--
``(aa) whipping, beating, striking, electronic
shocking, placing of a harmful substance on
someone's body, or similar activity;
``(bb) causing, coercing, or otherwise
inducing sleep deprivation, exposure to the
elements, confinement in a small space, extreme
calisthenics, or other similar activity;
``(cc) causing, coercing, or otherwise
inducing another person to consume food, liquid,
alcohol, drugs, or other substances;
``(dd) causing, coercing, or otherwise
inducing another person to perform sexual acts;
``(ee) any activity that places another person
in reasonable fear of bodily harm through the use
of threatening words or conduct;
``(ff) any activity against another person
that includes a criminal violation of local,
State, Tribal, or Federal law; and
``(gg) 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.''.
(5) Definition of student organization.--Section
485(f)(6)(A) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(6)(A)) is further amended by adding at the end the
following:
``(vii) The term `student organization', for purposes of
reporting under paragraph (1)(F)(iv) and paragraph (9)(A), means
an organization at an institution of higher education (such as a
club, society, association, varsity or junior varsity athletic
team, club sports team, fraternity, sorority, band, or student
government) 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.''.
(b) Statement of Policy and Prevention Program on Hazing.--Section
485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) is
amended by inserting after subparagraph (J) the following:
``(K) A statement of current policies relating to hazing (as
defined by the institution), how to report incidents of such
hazing, and the process used to investigate such incidents of
[[Page 138 STAT. 2599]]
hazing, and information on applicable local, State, and Tribal
laws on hazing (as defined by such local, State, and Tribal
laws).
``(L) A statement of policy regarding prevention and
awareness programs related to hazing (as defined by the
institution) that includes a description of research-informed
campus-wide prevention programs designed to reach students,
staff, and faculty, which includes--
``(i) the information referred to in subparagraph
(K); and
``(ii) <<NOTE: Strategies.>> primary prevention
strategies intended to stop hazing before hazing occurs,
which may include skill building for bystander
intervention, information about ethical leadership, and
the promotion of strategies for building group cohesion
without hazing.''.
(c) <<NOTE: 20 USC 1092 note.>> Effective Date; Application.--The
amendments made by this section shall--
(1) take effect on the date that is 6 months after the date
of enactment of this Act; and
(2) apply with respect to the annual security report
required under section 485(f)(1) of the Higher Education Act of
1965 (20 U.S.C. 1092(f)(1)) for the calendar year that is 2
years after such date of enactment, including any data collected
on or after such effective date, and any subsequent report
required under such section.
SEC. 3. CAMPUS HAZING TRANSPARENCY REPORT.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is further amended--
(1) by redesignating paragraphs (9) through (18) as
paragraphs (10) through (19), respectively; and
(2) by inserting after paragraph (8) the following:
``(9)(A) <<NOTE: Summary. Applicability.>> Each institution
participating in any program under this title, other than a foreign
institution of higher education, shall develop, in accordance with the
institution's statement of policy relating to hazing under paragraph
(1)(K), a report (which shall be referred to as the `Campus Hazing
Transparency Report') summarizing findings concerning any student
organization (except that this shall only apply to student organizations
that are established or recognized by the institution) found to be in
violation of an institution's standards of conduct relating to hazing,
as defined by the institution, (hereinafter referred to in this
paragraph as a `hazing violation') that requires the institution to--
``(i) <<NOTE: Effective date.>> beginning July 1, 2025,
collect information with respect to hazing incidents at the
institution;
``(ii) <<NOTE: Public information. Web posting.>> not later
than 12 months after the date of the enactment of the Stop
Campus Hazing Act, make the Campus Hazing Transparency Report
publicly available on the public website of the institution; and
``(iii) <<NOTE: Update. Time period.>> not less frequently
than 2 times each year, update the Campus Hazing Transparency
Report to include, for the period beginning on the date on which
the Report was last published and ending on the date on which
such update is submitted, each incident involving a student
organization for which a finding of responsibility is issued
relating to a hazing violation, including--
``(I) the name of such student organization;
[[Page 138 STAT. 2600]]
``(II) a general description of the violation that
resulted in a finding of responsibility, including
whether the violation involved the abuse or illegal use
of alcohol or drugs, the findings of the institution,
and any sanctions placed on the student organization by
the institution, as applicable; and
``(III) the dates on which--
``(aa) the incident was alleged to have
occurred;
``(bb) the investigation into the incident was
initiated;
``(cc) the investigation ended with a finding
that a hazing violation occurred; and
``(dd) the institution provided notice to the
student organization that the incident resulted in
a hazing violation.
``(B) The Campus Hazing Transparency Report may include--
``(i) to satisfy the requirements of this paragraph,
information that--
``(I) is included as part of a report published by
the institution; and
``(II) meets the requirements of the Campus Hazing
Transparency Report; and
``(ii) any additional information--
``(I) determined by the institution to be necessary;
or
``(II) reported as required by State law.
``(C) The Campus Hazing Transparency Report shall not include any
personally identifiable information, including any information that
would reveal personally identifiable information, about any individual
student in accordance with section 444 of the General Education
Provisions Act (commonly known as the `Family Educational Rights and
Privacy Act of 1974').
``(D) <<NOTE: Public information. Web posting.>> The institution
shall publish, in a prominent location on the public website of the
institution, the Campus Hazing Transparency Report, including--
``(i) <<NOTE: Notification.>> a statement notifying the
public of the annual availability of statistics on hazing
pursuant to the report required under paragraph (1)(F),
including a link to such report;
``(ii) information about the institution's policies relating
to hazing under paragraph (1)(K) and applicable local, State,
and Tribal laws on hazing; and
``(iii) <<NOTE: Time period.>> the information included in
each update required under subparagraph (A)(iii), which shall be
maintained for a period of 5 calendar years from the date of
publication of such update.
``(E) The institution may include, as part of the publication of the
Campus Hazing Transparency Report under subparagraph (D), a description
of the purposes of, and differences between--
``(i) the report required under paragraph (1)(F); and
``(ii) the Campus Hazing Transparency Report required under
this paragraph.
``(F) For purposes of this paragraph, the definition of `campus'
under paragraph (6)(A)(ii) shall not apply.
``(G) An institution described in subparagraph (A) is not required
to--
``(i) develop the Campus Hazing Transparency Report under
this subsection until such institution has a finding of a hazing
violation; or
[[Page 138 STAT. 2601]]
``(ii) update the Campus Hazing Transparency Report in
accordance with clause (iii) of subparagraph (A) for a period
described in such clause if such institution does not have a
finding of a hazing violation for such period.''.
SEC. 4. JEANNE CLERY CAMPUS SAFETY ACT.
Paragraph (19) of section 485(f) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)(19)), as so redesignated, is amended by striking
``Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
Statistics Act'' and inserting ``Jeanne Clery Campus Safety Act''.
SEC. 5. <<NOTE: 20 USC 1092 note.>> RULE OF CONSTRUCTION.
Nothing in this Act, or an amendment made by this Act, shall be
construed to affect the rights (including remedies and procedures)
available to persons under the First Amendment of the Constitution of
the United States or rights to due process.
Approved December 23, 2024.
LEGISLATIVE HISTORY--H.R. 5646:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 170 (2024):
Sept. 24, considered and passed House.
Dec. 11, considered and passed Senate.
<all>