END ALL Hazing Act

II 117TH CONGRESS 1ST SESSION S. 775 To require institutions of higher education to disclose hazing-related misconduct, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 16, 2021 Mr. CASSIDY (for himself and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Educational Notifica- 4 tion and Disclosure of Actions risking Loss of Life by 5 Hazing Act’’ or the ‘‘END ALL Hazing Act’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 775 IS (1) Hazing is a problem in the United States, 1 but most especially in our Nation’s educational sys- 2 tem. 3 (2) Hazing undermines the educational experi- 4 ence of the victims and the perpetrators. Hazing 5 often perpetuates a cycle in which students who have 6 been hazed feel the need to haze other students as 7 a rite of passage to join a student organization. 8 (3) While hazing takes many forms, including 9 menial labor, disparagement, public or private hu- 10 miliation, and forced exercise, the combination of al- 11 cohol or drug consumption as a form of hazing has 12 caused bodily injury to thousands of students and 13 has been fatal in many instances. 14 (4) Numerous students have died as a result of 15 collegiate hazing. Some of the recent tragedies in- 16 clude Nicky Cumberland, Max Gruver, Tim Piazza, 17 Dalton Debrick, Collin Wiant, Marquise Braham, 18 and Harrison Kowiak. 19 SEC. 3. HAZING REPORTING REQUIREMENTS FOR INSTITU- 20 TIONS OF HIGHER EDUCATION. 21 Section 485 of the Higher Education Act of 1965 (20 22 U.S.C. 1092) is amended— 23 (1) in subsection (a)(1)— 24 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 775 IS (A) in subparagraph (U), by striking 1 ‘‘and’’ at the end; 2 (B) in subparagraph (V), by striking the 3 period and inserting ‘‘; and’’; and 4 (C) by adding at the end the following new 5 subparagraph: 6 ‘‘(W) the hazing reports prepared by the 7 institution pursuant to subsection (n).’’; and 8 (2) by adding at the end the following new sub- 9 section: 10 ‘‘(n) DISCLOSURES OF HAZING-RELATED MIS- 11 CONDUCT.— 12 ‘‘(1) MANDATORY HAZING REPORTS.—Each eli- 13 gible institution participating in any program under 14 this title, other than a foreign institution of higher 15 education, shall on August 1, 2022, begin to collect 16 information with respect to hazing-related mis- 17 conduct and anti-hazing policies of that institution 18 and prepare, in accordance with this subsection, a 19 report containing the information required by this 20 subsection and make the report publicly available be- 21 ginning on January 1, 2023, and each July 1 and 22 January 1 thereafter, or on dates determined by 23 State law. 24 ‘‘(2) REPORT CONTENT.— 25 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 775 IS ‘‘(A) IN GENERAL.—A report required by 1 paragraph (1) shall include each finding by the 2 institution that a student organization com- 3 mitted— 4 ‘‘(i) a violation of the institution’s 5 standards of conduct, or of Federal, State, 6 or local law, relating to hazing; or 7 ‘‘(ii) other hazing-related conduct that 8 threatens a student’s physical safety, in- 9 cluding a violation involving the abuse or 10 illegal use of alcohol or drugs. 11 ‘‘(B) INCIDENT INFORMATION.—A report 12 required by paragraph (1) shall include, for 13 each finding by the institution of a violation de- 14 scribed in subparagraph (A), the following: 15 ‘‘(i) The name of the student organi- 16 zation that committed the violation. 17 ‘‘(ii) A general description of the vio- 18 lation, the charges, the findings of the in- 19 stitution, and the sanctions placed on the 20 organization. 21 ‘‘(iii) The dates on which— 22 ‘‘(I) the violation was alleged to 23 have occurred; 24 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 775 IS ‘‘(II) the student organization 1 was charged with misconduct; 2 ‘‘(III) the investigation was initi- 3 ated; and 4 ‘‘(IV) the investigation ended 5 with a finding that a violation oc- 6 curred. 7 ‘‘(C) EXCLUSIONS.—A report required by 8 paragraph (1) shall not include— 9 ‘‘(i) any information related to allega- 10 tions or investigations of hazing that do 11 not result in a formal finding of a violation 12 of the standards of conduct of the institu- 13 tion; or 14 ‘‘(ii) any personally identifiable infor- 15 mation on any individual student or mem- 16 ber of a student organization. 17 ‘‘(D) FERPA COMPLIANCE.—The report 18 required by paragraph (1) shall be subject to 19 the requirements of section 444 of the General 20 Education Provisions Act (commonly known as 21 the ‘Family Educational Rights and Privacy 22 Act of 1974’). 23 ‘‘(3) AVAILABILITY.— 24 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 775 IS ‘‘(A) PUBLIC WEBSITE.—Each institution 1 shall provide, in a prominent location on the in- 2 stitution’s website, a link to the web page that 3 contains each report required under paragraph 4 (1). Such web page shall include a statement 5 notifying the public— 6 ‘‘(i) of the availability of information, 7 including findings or sanctions, except in- 8 formation protected under section 444 of 9 the General Education Provisions Act 10 (commonly known as the ‘Family Edu- 11 cation Rights and Privacy Act of 1974’); 12 ‘‘(ii) a description of how a member of 13 the public may obtain such information; 14 and 15 ‘‘(iii) a statement that the institution 16 is required to provide such information 17 pursuant to this subsection. 18 ‘‘(B) MAINTENANCE PERIOD.—Each insti- 19 tution shall maintain each report required 20 under paragraph (1) on its website for a period 21 of 5 academic years. 22 ‘‘(4) REPORTS TO LAW ENFORCEMENT.—Each 23 institution participating in any program under this 24 title, other than a foreign institution of higher edu- 25 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 775 IS cation, shall report to campus police and appropriate 1 law enforcement authorities any allegation of hazing 2 that involved serious bodily injury or a significant 3 risk of serious bodily injury that is reported to the 4 institution, campus authorities, or any student orga- 5 nization officially recognized by the institution. Such 6 an allegation shall be reported to campus police and 7 appropriate law enforcement authorities not later 8 than 72 hours from the time the institution is first 9 notified of the allegation. 10 ‘‘(5) APPLICABILITY TO MULTI-INSTITUTION 11 STUDENT ORGANIZATIONS.—In the case of an alle- 12 gation that a multi-institution student organization 13 was involved in a hazing incident, the requirements 14 of this subsection shall apply only to the institution 15 or institutions at which the students involved in such 16 allegation are enrolled (or were formerly enrolled), 17 including any student who was a victim in the al- 18 leged incident. 19 ‘‘(6) DEFINITIONS.—For the purposes of this 20 Act— 21 ‘‘(A) HAZING.—The term ‘hazing’ means 22 any intentional, knowing, or reckless act com- 23 mitted by a student, or a former student, of an 24 institution of higher education, whether individ- 25 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 775 IS ually or in concert with other persons, against 1 another student, that— 2 ‘‘(i) was committed in connection with 3 an initiation into, an affiliation with, or 4 the maintenance of membership in, any 5 student organization; and 6 ‘‘(ii) causes, or contributes to a sub- 7 stantial risk of, physical injury, mental 8 harm, or personal degradation. 9 ‘‘(B) STUDENT ORGANIZATION.— 10 ‘‘(i) IN GENERAL.—The term ‘student 11 organization’ means an organization that 12 is officially recognized by or otherwise af- 13 filiated with an institution of higher edu- 14 cation and that has a membership that is 15 made up primarily of students enrolled at 16 such institution. 17 ‘‘(ii) MULTI-INSTITUTION STUDENT 18 ORGANIZATIONS.—The term ‘multi-institu- 19 tion student organization’ means a student 20 organization that includes students from 21 more than one institution of higher edu- 22 cation, including citywide, regional, State, 23 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 775 IS and national chapters of student organiza- 1 tions.’’. 2 Æ VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S775.IS S775 pamtmann on DSKBC07HB2PROD with BILLS