Educational Notification and Disclosure of Actions risking Loss of Life by Hazing Act or the END ALL Hazing Act
This bill requires institutions of higher education (IHEs) that participate in federal student-aid programs to collect information and publicly report on hazing-related misconduct.
Specifically, IHEs must prepare biannual reports and post the reports on their websites. The reports must include information on hazing-related misconduct committed by a student organization, including the name of the student organization that committed the violation, a description of the violation, and sanctions placed on the organization.
Further, IHEs must report to campus police and law enforcement authorities within 72 hours of becoming aware of any allegation of hazing that involved serious bodily injury or a significant risk of serious bodily injury.
The bill does not apply to foreign IHEs.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1933 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1933
To require institutions of higher education to disclose hazing-related
misconduct, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2021
Mrs. McBath (for herself and Mr. Stivers) introduced the following
bill; which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To require institutions of higher education to disclose hazing-related
misconduct, 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 ``Educational Notification and
Disclosure of Actions risking Loss of Life by Hazing Act'' or the ``END
ALL Hazing Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Hazing is a problem in the United States, but most
especially in our Nation's educational system.
(2) Hazing undermines the educational experience of the
victims and the perpetrators. Hazing often perpetuates a cycle
in which students who have been hazed feel the need to haze
other students as a rite of passage to join a student
organization.
(3) While hazing takes many forms, including menial labor,
disparagement, public or private humiliation, and forced
exercise, the combination of alcohol or drug consumption as a
form of hazing has caused bodily injury to thousands of
students and has been fatal in many instances.
(4) Numerous students have died as a result of collegiate
hazing. Some of the recent tragedies include Nicky Cumberland,
Max Gruver, Tim Piazza, Dalton Debrick, Collin Wiant, Marquise
Braham, and Harrison Kowiak.
SEC. 3. HAZING REPORTING REQUIREMENTS FOR INSTITUTIONS OF HIGHER
EDUCATION.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (U), by striking ``and'' at the
end;
(B) in subparagraph (V), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(W) the hazing reports prepared by the
institution pursuant to subsection (n).''; and
(2) by adding at the end the following new subsection:
``(n) Disclosures of Hazing-Related Misconduct.--
``(1) Mandatory hazing reports.--Each eligible institution
participating in any program under this title, other than a
foreign institution of higher education, shall on August 1,
2022, begin to collect information with respect to hazing-
related misconduct and anti-hazing policies of that institution
and prepare, in accordance with this subsection, a report
containing the information required by this subsection and make
the report publicly available beginning on January 1, 2023, and
each July 1 and January 1 thereafter, or on dates determined by
State law.
``(2) Report content.--
``(A) In general.--A report required by paragraph
(1) shall include each finding by the institution that
a student organization committed--
``(i) a violation of the institution's
standards of conduct, or of Federal, State, or
local law, relating to hazing; or
``(ii) other hazing-related conduct that
threatens a student's physical safety,
including a violation involving the abuse or
illegal use of alcohol or drugs.
``(B) Incident information.--A report required by
paragraph (1) shall include, for each finding by the
institution of a violation described in subparagraph
(A), the following:
``(i) The name of the student organization
that committed the violation.
``(ii) A general description of the
violation, the charges, the findings of the
institution, and the sanctions placed on the
organization.
``(iii) The dates on which--
``(I) the violation was alleged to
have occurred;
``(II) the student organization was
charged with misconduct;
``(III) the investigation was
initiated; and
``(IV) the investigation ended with
a finding that a violation occurred.
``(C) Exclusions.--A report required by paragraph
(1) shall not include--
``(i) any information related to
allegations or investigations of hazing that do
not result in a formal finding of a violation
of the standards of conduct of the institution;
or
``(ii) any personally identifiable
information on any individual student or member
of a student organization.
``(D) FERPA compliance.--The report required by
paragraph (1) shall be subject to the requirements of
section 444 of the General Education Provisions Act
(commonly known as the `Family Educational Rights and
Privacy Act of 1974').
``(3) Availability.--
``(A) Public website.--Each institution shall
provide, in a prominent location on the institution's
website, a link to the webpage that contains each
report required under paragraph (1). Such webpage shall
include a statement notifying the public--
``(i) of the availability of information,
including findings or sanctions, except
information protected under section 444 of the
General Education Provisions Act (commonly
known as the `Family Education Rights and
Privacy Act of 1974');
``(ii) a description of how a member of the
public may obtain such information; and
``(iii) a statement that the institution is
required to provide such information pursuant
to this subsection.
``(B) Maintenance period.--Each institution shall
maintain each report required under paragraph (1) on
its website for a period of 5 academic years.
``(4) Reports to law enforcement.--Each institution
participating in any program under this title, other than a
foreign institution of higher education, shall report to campus
police and appropriate law enforcement authorities any
allegation of hazing that involved serious bodily injury or a
significant risk of serious bodily injury that is reported to
the institution, campus authorities, or any student
organization officially recognized by the institution. Such an
allegation shall be reported to campus police and appropriate
law enforcement authorities not later than 72 hours from the
time the institution is first notified of the allegation.
``(5) Applicability to multi-institution student
organizations.--In the case of an allegation that a multi-
institution student organization was involved in a hazing
incident, the requirements of this subsection shall apply only
to the institution or institutions at which the students
involved in such allegation are enrolled (or were formerly
enrolled), including any student who was a victim in the
alleged incident.
``(6) Definitions.--For the purposes of this Act--
``(A) Hazing.--The term `hazing' means any
intentional, knowing, or reckless act committed by a
student, or a former student, of an institution of
higher education, whether individually or in concert
with other persons, against another student, that--
``(i) was committed in connection with an
initiation into, an affiliation with, or the
maintenance of membership in, any student
organization; and
``(ii) causes, or contributes to a
substantial risk of, physical injury, mental
harm, or personal degradation.
``(B) Student organization.--
``(i) In general.--The term `student
organization' means an organization that is
officially recognized by or otherwise
affiliated with an institution of higher
education and that has a membership that is
made up primarily of students enrolled at such
institution.
``(ii) Multi-institution student
organizations.--The term `multi-institution
student organization' means a student
organization that includes students from more
than one institution of higher education,
including citywide, regional, State, and
national chapters of student organizations.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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