The New Year is Likely Bringing an Amendment to the Clery Act

The New Year is Likely Bringing an Amendment to the Clery Act

Get ready, because the Clery Act looks like it’s about to be amended! First introduced in the U.S. House on September 21, 2023, the Stop Campus Hazing Act passed through the U.S. Senate on December 12, 2024 by unanimous consent. It now awaits signature by the President. For higher education institutions that participate in student financial aid programs, this means you need to be ready for some fast approaching changes.

Major Changes for Higher Education Institutions

  1. Collecting statistics for hazing incidents and disclosing them in the Annual Security Report.
  2. Adding statements of policy related to hazing in the Annual Security Report, specifically including –
    • How to report hazing incidents, the investigation process for hazing incidents, and information on applicable local, State, and Tribal hazing laws.
    • Hazing prevention and awareness programs at the institution.
  3. Developing a Campus Hazing Transparency Report which summarizes findings of student organizations in violation of standards of conduct related to hazing. The Report must –
    • Be publicly available on the institution’s website.
    • Be updated at least 2 times per year (unless there are no violations)

Hazing is specifically defined by the Act. In sum, it includes any intentional, knowing, or reckless act committed by a person(s) against another person(s), regardless of the person’s willingness to participate, that:

  1. Is connected with an initiation into, an affiliation with, or the maintenance of membership in, a student organization (e.g., a club, athletic team, fraternity, or sorority); and
  2. Causes or creates a risk (above the reasonable risk encountered in the course of participation in the institution or the student organization) of physical or psychological injury.

It includes activities such as:

  • Whipping and striking
  • Causing sleep deprivation
  • Exposure to the elements
  • Consumption of food, liquids, or drugs
  • Performing sexual acts
  • Criminal violations of law

Timeline

Assuming the Stop Campus Hazing Act is enacted by the end of 2024, institutions of higher education will have the following timeline:

  • January 1, 2025 – Begin collecting hazing statistics
  • June 2025 – Hazing policies must be in place (6 months after enactment of Act)
  • July 1, 2025 – Begin collecting information regarding hazing incidents for the Campus Hazing Transparency Report
  • December 2025 – Make the Campus Hazing Transparency Report available on website (no later than 12 months after enactment of Act)
  • October 1, 2026 – First Annual Security Report that will include hazing statistics

What should you do now?

Read the Stop Campus Hazing Act to become familiar with the requirements.

Determine who will be responsible for collecting statistics on hazing incidents and connect them with your Clery Coordinator (if not the same person).

If you do not have existing hazing policies, start drafting them. If you do have hazing policies, make sure they include the required information.

Determine who will be responsible for the Campus Hazing Transparency Report.

ICS is here to assist you in ensuring your institution’s Clery compliance! Contact us for more information.


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