[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:
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CONGRESSIONAL RECORD, Vol. 170 (2024):
            Sept. 24, considered and passed House.
            Dec. 11, considered and passed Senate.

                                  <all>