H.R. 5646 — what changed

removed Section 485(f)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)) is amended—

“(iv) of hazing incidents that were reported to campus security authorities or local police agencies.”

added “(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—

added “(I) is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and

added “(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—

added “(aa) whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;

added “(bb) causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;

added “(cc) causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;

added “(dd) causing, coercing, or otherwise inducing another person to perform sexual acts;

added “(ee) any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;

added “(ff) any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and

added “(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.”

added “(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.”

added “(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).

added “(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—

added “(i) the information referred to in subparagraph (K); and

added “(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.”

changed Section 485(f)(6)(A) 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(6)(A)) 1092(f)) is further amended—

changed “(iii) The term hazing means any intentional, knowing, or reckless act committed by a person, whether individually or in concert with other persons, against a student regardless of that student's willingness to participate, that—“(9)

changed “(I) was committed “(A) Each institution participating in connection any program under this title, other than a foreign institution of higher education, shall develop, in accordance with an initiation into, an affiliation 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 maintenance institution) found to be in violation of membership in, an organization (such institution’s standards of conduct relating to hazing, as defined by the institution, (hereinafter referred to in this paragraph as a club, society, association, athletic team, fraternity, sorority, or student government); and“hazing violation”) that requires the institution to—

changed “(II) causes or is likely to contribute “(i) beginning July 1, 2025, collect information with respect to a substantial risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as hazing incidents at the physical training necessary for participation in an athletic team), of physical injury, mental harm, or degradation.”institution;

added “(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

added “(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—

added “(I) the name of such student organization;

added “(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

added “(III) the dates on which—

added “(aa) the incident was alleged to have occurred;

added “(bb) the investigation into the incident was initiated;

added “(cc) the investigation ended with a finding that a hazing violation occurred; and

added “(dd) the institution provided notice to the student organization that the incident resulted in a hazing violation.

added “(B) The Campus Hazing Transparency Report may include—

added “(i) to satisfy the requirements of this paragraph, information that—

added “(I) is included as part of a report published by the institution; and

added “(II) meets the requirements of the Campus Hazing Transparency Report; and

added “(ii) any additional information—

added “(I) determined by the institution to be necessary; or

added “(II) reported as required by State law.

added “(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”).

added “(D) The institution shall publish, in a prominent location on the public website of the institution, the Campus Hazing Transparency Report, including—

added “(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;

added “(ii) information about the institution’s policies relating to hazing under paragraph (1)(K) and applicable local, State, and Tribal laws on hazing; and

added “(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.

added “(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—

added “(i) the report required under paragraph (1)(F); and

added “(ii) the Campus Hazing Transparency Report required under this paragraph.

added “(F) For purposes of this paragraph, the definition of “campus” under paragraph (6)(A)(ii) shall not apply.

added “(G) An institution described in subparagraph (A) is not required to—

added “(i) develop the Campus Hazing Transparency Report under this subsection until such institution has a finding of a hazing violation; or

added “(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.”

changed Section 485(f)(7) Paragraph (19) of section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(7)) 1092(f)(19)), as so redesignated, is amended by inserting after the second sentence the following: “For hazing incidents, such statistics shall be compiled in accordance with the definition striking “Jeanne Clery Disclosure of that term in paragraph (6)(A)(iii).”.Campus Security Policy and Campus Crime Statistics Act” and inserting “Jeanne Clery Campus Safety Act”.

changed Section 485(f) 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 Higher Education Act Constitution of 1965 (20 U.S.C. 1092(f)) is amended—the United States or rights to due process.

removed “(9)

removed “(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding the following:

removed “(i) A comprehensive program to prevent hazing that shall—

removed “(I) be a campus-wide program for students, staff, faculty, and other campus stakeholders, such as alumni and families of students;

removed “(II) be a research-based program;

removed “(III) be designed and implemented in partnership with a broad coalition of campus stakeholders, including leadership of the institution, faculty, staff, students, alumni, and families of students;

removed “(IV) include information on hazing awareness, hazing prevention, the institution's policies on hazing, how to report hazing, and the process used to investigate hazing; and

removed “(V) include skill building for bystander intervention, information about ethical leadership, and the promotion of strategies for building group cohesion without hazing.

removed “(ii) The institution’s current campus policies relating to hazing, which shall include procedures that comply with the following:

removed “(I) The institution shall—

removed “(aa) collect information, beginning not later than 6 months after the date of enactment of the Stop Campus Hazing Act, with respect to hazing incidents and hazing prevention policies of the institution;

removed “(bb) prepare, in accordance with this clause, a report (which shall be referred to as the Campus Hazing Transparency Report) containing the information required under this clause;

removed “(cc) make the Campus Hazing Transparency Report publicly available not later than 12 months after the date of enactment of the Stop Campus Hazing Act; and

removed “(dd) update the Campus Hazing Transparency Report not less frequently than on January 15 and July 15 of each year, with, for each such update, each incident for which a formal finding has been issued, as described in subclause (II), during the period preceding such update that ends 15 days before the date of such update.

removed “(II) The Campus Hazing Transparency Report shall include each incident involving a student of the institution for which a formal finding of guilt, responsibility, or culpability is issued that either of the following was committed:

removed “(aa) A violation related to hazing—

removed “(AA) of the institution’s standards of conduct; or

removed “(BB) of Federal, State, or local law.

removed “(bb) When committed in connection with a violation reported under item (aa) and that threatened a student’s physical safety (including a violation involving the abuse or illegal use of alcohol or drugs), any violation of—

removed “(AA) the institution’s standards of conduct; or

removed “(BB) Federal, State, or local law.

removed “(III) The Campus Hazing Transparency Report shall include, for each formal finding under subclause (II), the following:

removed “(aa) The name of the organization with which the violation that resulted in a formal finding of guilt, responsibility, or culpability, was committed in connection.

removed “(bb) A general description of the violation that resulted in a formal finding of guilt, responsibility, or culpability, the charges, the findings of the institution, and the sanctions placed on the organization.

removed “(cc) The dates on which—

removed “(AA) the incident was alleged to have occurred;

removed “(BB) the violation that resulted in a formal finding of guilt, responsibility, or culpability was charged;

removed “(CC) the investigation was initiated; and

removed “(DD) the investigation ended with a finding that a violation occurred.

removed “(IV) The Campus Hazing Transparency Report shall not include any information that would reveal personally identifiable information about any individual student.

removed “(V) The institution shall provide, in a prominent location on the institution's public website, a link to the webpage that contains the Campus Hazing Transparency Report. Such webpage shall include—

removed “(aa) a statement notifying the public of the availability of information including findings or sanctions, except information protected under section 444 of the General Education Provisions Act (commonly known as the “Family Educational Rights and Privacy Act of 1974”);

removed “(bb) a description of how a member of the public may obtain such information;

removed “(cc) a statement that the institution is required to provide such information pursuant to this clause;

removed “(dd) a statement notifying the public of the availability of the statistics required to be made available under paragraph (1)(F); and

removed “(ee) information about the institution’s anti-hazing policy.

removed “(B) Each institution shall maintain each Campus Hazing Transparency Report on its website for a period of 7 academic years.

removed “(C) In the case of an allegation that a multi-institution organization was involved in a hazing incident, the requirements of this subsection shall apply only to the institution or institutions at which the persons involved in such allegation are enrolled or were formerly enrolled, including any student who was a victim in the alleged incident.”