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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5646 Engrossed in House (EH)]

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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.
```