[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5646 Engrossed in House (EH)]
<DOC>
118th CONGRESS
2d Session
H. R. 5646
_______________________________________________________________________
AN ACT
To amend the Higher Education Act of 1965 to require institutions of
higher education to disclose hazing incidents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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) 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:
``(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 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) 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) 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) 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) beginning July 1, 2025, collect information with
respect to hazing incidents at the institution;
``(ii) 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) 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;
``(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) The institution shall publish, in a prominent location on the
public website of the institution, the Campus Hazing Transparency
Report, including--
``(i) 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) 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
``(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. 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.
Passed the House of Representatives September 24, 2024.
Attest:
Clerk.
118th CONGRESS
2d Session
H. R. 5646
_______________________________________________________________________
AN ACT
To amend the Higher Education Act of 1965 to require institutions of
higher education to disclose hazing incidents, and for other purposes.