Stop Campus Hazing Act Signed by President Biden

In December, we informed you that the Stop Campus Hazing Act (the Act) was sent to the President after it was passed by both the House and Senate. President Biden signed the Act on December 23, 2024. With his signature, campuses participating in Title IV programs must now comply with enhanced reporting and prevention education requirements.

The Act, codified as Public Law No. 118-173, focuses on transparency. This transparency effort comes in the form of two new hazing incident reporting mechanisms: (1) a new “Campus Hazing Transparency Report” requirement; and (2) the mandated inclusion of reported Hazing incidents in Clery Annual Security Report data. The Act provides, for the first time, federal definitions of “hazing” and “student organizations,” for purposes of Clery reporting.

Statistics on Hazing Incidents

The Act mandates that institutions collect and share, in different formats, different data sets regarding hazing incidents.

First, as to the Campus Hazing Transparency reports, institutions must begin collecting data on July 1, 2025. The reports must document:

• each incident involving a student organization where a hazing violation was found, including the name of the student organization,
• a description of the finding (noting whether it involved alcohol or drugs),
• the institution's conclusions and the sanctions imposed, and
• the date the incident occurred, the date the investigation began, the date of the responsibility finding, and the date the institution notified the student organization of the finding.

If no findings of responsibility for a hazing violation occur, then institutions need not include the incident in the Campus Hazing Transparency Report.

The reports must be retained for five years from their publication date. As some hazing incident reports may include details of related Title IX investigations, the records of which must be preserved for seven years, institutions should consult with counsel regarding appropriate records retention policies.  These reports, along with details about the institution's hazing policies (including how to report hazing) and prevention programs, must be made available on the institution’s website by December 23, 2025, one year after the legislation was enacted. The reports are required to be updated twice annually.

The Act specifies that the Campus Hazing Transparency Report must not include personally identifiable information or information that would reveal personally identifiable information to comply with the Family Educational Rights and Privacy Act.

In addition to the Campus Hazing Transparency Report, an additional requirement of the Act includes that hazing incidents must be included in the Clery Annual Security Reports (ASR) beginning with the 2026 ASR. Unlike the Campus Hazing Transparency Report, which requires reporting of cases where a finding of hazing has been made, the ASR requires institutions to report on all incidents reported, including where a finding was not substantiated. This means that institutions must collect data regarding all reported hazing incidents for inclusion in the ASR while also documenting data regarding findings of hazing for publication in the Campus Hazing Transparency Report.

Institutions were required to begin compiling hazing data beginning January 1, 2025, for inclusion in the 2026 ASR.

Federal Definitions for “Hazing” and “Student Organizations”

The Act further provides a definition of “hazing.” This is important, as this definition must be used for the purposes of counting Clery reportable incidents. To the extent this new Federal definition conflicts with state laws, institutions should use the federal hazing definition for purposes of counting. The act defines hazing 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--  

(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

In addition to the above, the Act goes on to provide a list of examples of conduct that could constitute hazing.

The Act defines “Student Organization” as “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.”

This definition of “Student Organization” should be used by institutions as it prepares its Campus Hazing Transparency Reports.

Policy and Prevention

In addition to these updated reporting and transparency efforts, the Act outlines that institutions must offer “research informed” campus prevention programs designed to reach students, staff, and faculty and must include training on the definition of hazing, how they can report hazing, the institution's hazing policies, any specific state, local or tribal laws, and prevention efforts.

Institutions are mandated to implement hazing policies within six months of the bill's enactment and signing into law, no later than June 23, 2025. Although many institutions may already have existing hazing policies or comply with state anti-hazing legislation, this federal requirement provides an opportunity to review and align current policies with the new federal requirements.  Institutions should consult with counsel if they have questions about how to navigate any conflicts between federal, state, and local obligations.

Next Steps for Your Institution

• Begin collecting data NOW (as of January 1, 2025) for Clery reporting. Work with your campus Clery Coordinator, CSAs, and student affairs staff to understand the nuances of the definition of Hazing, how to properly count incidents, and which groups constitute “student organizations” under the Act.
• Work with campus stakeholders and legal counsel to ensure compliance with the Act’s requirement that hazing policies be implemented by June 23, 2024. If you live in a state that has its own hazing law, work to reconcile any competing legal obligations.
• Evaluate your current policy statements and guidance to your community about how to report incidents of hazing and the process used to investigate these incidents.
• Reconsider your options for providing prevention programming to your community. Are your current trainings research-informed? Campus-wide? Designed to reach students, staff, and faculty? Remember that these prevention efforts may address topics like skill-building for bystander intervention, information about ethical leadership, and the promotion of strategies for building group cohesion without hazing.
• Watch for more information about Bricker Graydon’s FREE webinar on March 18, 2025 about the Act, and future training opportunities about the new Clery obligations and reconciling state hazing laws with the new federal law.

If you have questions about how this might affect your campus, please contact a member of our team.