Veronica E. PotterThe SCHA seeks to address hazing on campuses by amending the Clery Act to require tracking and reporting related to hazing and hazing prevention programs. There are three main requirements for colleges and university under the SCHA:
- Tracking and reporting hazing.
The SCHA requires institutions to track and report hazing incidents (as defined by the statute) that are reported to campus security authorities or local police agencies in their Annual Security Report (“ASR”).
The SCHA defines hazing as an intentional, knowing, or reckless act by a person against another person, regardless of that person’s willingness to participate, as part of initiation into or maintenance of membership in a student organization that creates a risk of physical or psychological injury. This definition includes a specific list of acts that can constitute hazing, such as beating, causing sleep deprivation, coercing consumption of alcohol, or any act that violates other laws. The definitions in the SCHA also include student organizations that are not officially recognized or sanctioned by the institution.
The SCHA notes that hazing should be tracked per incident – if a single person commits more than one act and the time and place separating those acts are insignificant, then it should be tracked as one incident.
Campuses must start tracking hazing incidents as of January 1, 2025, to include in their 2025 ASRs.
2. Policies and prevention programs.
The SCHA also requires that colleges and universities adopt hazing policies detailing how to report hazing incidents and how hazing incidents will be investigated. Colleges and universities must also implement prevention and awareness programs related to hazing, which must inform the campus community about the institution’s hazing policies, as well as primary prevention strategies intended to stop hazing incidents, such as bystander intervention. These policies, as well as information related to laws on hazing must be included in the ASR. These policies must be in place by June 23, 2025.
3. Campus Hazing Transparency Report
The SCHA also requires institutions to create, publish, and regularly update a Campus Hazing Transparency Report summarizing the findings concerning any student organizations found to be in violation of standards of conduct relating to hazing. This report must include the name of the student organization; a general description of the hazing violation (including whether it involved alcohol or drugs); the findings of the institution; any sanctions imposed; and the dates of the incident, of the start and end of the investigation, and of the notice of the finding.
Institutions need to have a process in place and begin collecting this information by July 1, 2025. The first Campus Hazing Transparency Report must be published online by December 23, 2025.
After the initial report is published, it must be updated twice annually. However, if no new findings of hazing violations during a period, no updated report is needed. The information added in each update must be maintained in the report for five years from publication.
Tips for Implementing the Stop Campus Hazing Act:
While colleges and universities have long had reporting requirements under the Clery Act and processes in place to meet those requirements, those processes will need to be updated to comply with the additional requirements under the SCHA. This goes beyond ensuring those responsible for compiling Clery statistics and creating the ASR are aware of these changes – all campus security authorities should be trained on the definition of hazing and to report hazing incidents like other Clery crime statistics.
Though some states, like Missouri, already require institutions to adopt policies against hazing, institutions should revisit existing policies to ensure they include the information required by the SCHA. Those responsible for creating the ASR will also need to ensure the policies and other required information are included in the ASR.
Institutions may want to consider creating a hazing landing page on their website to consolidate all hazing information and publications in one place, including the policies, reporting information, and Campus Hazing Transparency Reports. Just as many institutions have a single webpage consolidating information related to Title IX, a dedicated webpage related to hazing will help the campus community easily access this information.
If you have questions about the Stop Campus Hazing Act, please contact a member of Tueth Keeney’s Higher Education group.
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The law firm of Tueth Keeney Cooper Mohan & Jackstadt, P.C. (the “Firm”), has one of the largest and most successful education law and higher education groups in the country. The Firm regularly serves the legal counsel needs of approximately 150 school districts throughout Missouri, and has one of the largest school law practices in Central and Southern Illinois. The Firm also represents numerous colleges and universities throughout Missouri and Illinois. In addition, the Firm is one of approximately twenty law firms in the nation that have been appointed to act as Select Counsel to represent higher education institutions insured by United Educators Insurance Risk Retention Group, Inc., the nation’s largest insurer of colleges and universities. The attorneys in the Firm’s education and higher education groups provide a full range of services to school districts, colleges, and universities, ranging from day-to-day counseling on legal issues, to representation in complex litigation.
Veronica E. Potter practices primarily in the areas of higher education, litigation, and labor and employment law. Veronica represents colleges, universities, and private employers in education and employment litigation matters. Veronica started her legal career as a prosecutor, where she gained experience in all stages of litigation, including case investigation, discovery, arguing pre-trial motions, and presenting cases to both judges and juries. Prior to joining the firm, Veronica also practiced civil litigation at a large defense firm in St. Louis.