END ALL Hazing Act

I 116TH CONGRESS 1ST SESSION H. R. 3267 To require institutions of higher education to disclose hazing-related misconduct, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 13, 2019 Ms. FUDGE (for herself, Mr. THOMPSON of Pennsylvania, Mr. HASTINGS, Mr. FITZPATRICK, Mr. CARBAJAL, Ms. JACKSON LEE, Mrs. BEATTY, Ms. JOHNSON of Texas, Ms. LEE of California, Ms. WILSON of Florida, and Mr. BISHOP of Georgia) 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 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 as follows: 8 VerDate Sep 11 2014 02:49 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3267.IH H3267 lotter on DSKBCFDHB2PROD with BILLS 2 •HR 3267 IH (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, Marquise Braham, and Harrison 18 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 02:43 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3267.IH H3267 lotter on DSKBCFDHB2PROD with BILLS 3 •HR 3267 IH (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, 2020, begin to collect 16 information with respect to hazing-related mis- 17 conduct and anti-hazing policies of that institution, 18 and beginning on January 1, 2021, and each July 19 1 and January 1 thereafter, prepare and make pub- 20 licly available, in accordance with this subsection, a 21 report containing the information required by this 22 subsection. 23 ‘‘(2) REPORT CONTENT.— 24 VerDate Sep 11 2014 02:43 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3267.IH H3267 lotter on DSKBCFDHB2PROD with BILLS 4 •HR 3267 IH ‘‘(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 conduct that threatens a 8 student’s physical safety, including a viola- 9 tion involving the abuse or illegal use of al- 10 cohol 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 02:43 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3267.IH H3267 lotter on DSKBCFDHB2PROD with BILLS 5 •HR 3267 IH ‘‘(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 02:43 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3267.IH H3267 lotter on DSKBCFDHB2PROD with BILLS 6 •HR 3267 IH ‘‘(A) PUBLIC WEBSITE.—Each institution 1 shall provide, in a prominent location on the in- 2 stitution’s website, a link to the webpage that 3 contains each report required under paragraph 4 (1). Such webpage shall include a statement no- 5 tifying the public— 6 ‘‘(i) of the availability of information 7 including findings, sanctions, and the im- 8 plementation of sanctions, except informa- 9 tion protected under section 444 of the 10 General Education Provisions Act (com- 11 monly known as the ‘Family Education 12 Rights and Privacy Act of 1974’); 13 ‘‘(ii) a description of how a member of 14 the public may obtain such information; 15 and 16 ‘‘(iii) a statement that the institution 17 is required to provide such information 18 pursuant to the END ALL Hazing Act. 19 ‘‘(B) NOTICE IN PRINT.—Each institution 20 shall provide to all enrolled students and to 21 each applicant for enrollment, a printed notice 22 of the nature and availability of the reports re- 23 quired under paragraph (1), and the website 24 address at which such reports are available. 25 VerDate Sep 11 2014 02:43 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3267.IH H3267 lotter on DSKBCFDHB2PROD with BILLS 7 •HR 3267 IH ‘‘(C) MAINTENANCE PERIOD.—Each insti- 1 tution shall maintain each report required 2 under paragraph (1) on its website for a period 3 of 5 academic years. 4 ‘‘(4) REPORTS TO LAW ENFORCEMENT.—Each 5 institution participating in any program under this 6 title, other than a foreign institution of higher edu- 7 cation, shall report to campus police and appropriate 8 law enforcement authorities any allegation of hazing 9 that involved serious bodily injury or a significant 10 risk of serious bodily injury that is reported to the 11 institution, campus authorities, or any student orga- 12 nization officially recognized by the institution. Such 13 an allegation shall be reported within 72 hours of 14 when the institution is first notified of the allega- 15 tion. 16 ‘‘(5) APPLICABILITY TO MULTI-INSTITUTION 17 STUDENT ORGANIZATIONS.—In the case of an alle- 18 gation that a multi-institution student organization 19 was involved in a hazing incident, the requirements 20 of this subsection shall apply only to the institution 21 or institutions at which the students involved in such 22 allegation are enrolled (or were formerly enrolled), 23 including any student who was a victim in the al- 24 leged incident. 25 VerDate Sep 11 2014 02:43 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3267.IH H3267 lotter on DSKBCFDHB2PROD with BILLS 8 •HR 3267 IH ‘‘(6) DEFINITIONS.—In this subsection: 1 ‘‘(A) HAZING.—The term ‘hazing’ means 2 any intentional, knowing, or reckless act com- 3 mitted by a student, or a former student, of an 4 institution of higher education, whether individ- 5 ually or in concert with other persons, against 6 another student, that— 7 ‘‘(i) was committed in connection with 8 an initiation into, an affiliation with, or 9 the maintenance of membership in, any 10 student organization; and 11 ‘‘(ii) causes, or contributes to a sub- 12 stantial risk of, physical injury, mental 13 harm, or personal degradation. 14 ‘‘(B) STUDENT ORGANIZATION.— 15 ‘‘(i) IN GENERAL.—The term ‘student 16 organization’ means an organization that 17 is officially recognized by or otherwise af- 18 filiated with an institution of higher edu- 19 cation and that has a membership that is 20 made up primarily of students enrolled at 21 such institution. 22 ‘‘(ii) MULTI-INSTITUTION STUDENT 23 ORGANIZATIONS.—The term ‘multi-institu- 24 tion student organization’ means a student 25 VerDate Sep 11 2014 02:43 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3267.IH H3267 lotter on DSKBCFDHB2PROD with BILLS 9 •HR 3267 IH organization that includes students from 1 more than one institution of higher edu- 2 cation, including city-wide, regional, State, 3 and national chapters of student organiza- 4 tions.’’. 5 Æ VerDate Sep 11 2014 02:43 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H3267.IH H3267 lotter on DSKBCFDHB2PROD with BILLS