Stop Campus Hazing Policy

Statement of policy

Summary of contents/major changes

1. Purpose of Policy

   The purpose of this Policy is to enable and require all members of the University Community to comply with the Stop Campus Hazing Act (Public Law 118–173) amendments to the Jeanne Clery Campus Safety Act 20 U.S.C. § 1092(f) and implementing regulations at 34 C.F.R. § 668.46 (collectively, the “Clery Act”).

2. Stakeholders Most Impacted by the Policy

   This Policy applies to the entire WMU Community, including but not limited to all WMU students, student organizations, and employees (including faculty and staff) at all WMU locations.

3. Key Definitions

   1. Hazing – For purposes of this Policy and for purposes of reporting statistics on hazing incidents as required by the Stop Campus Hazing Act ( “SCHA”), WMU defines the term `hazing' consistent with the SCHA definition, as any intentional, knowing, or reckless act committed by a person (individually or in concert with other persons) against another person or persons, regardless of the willingness of such other person(s) to participate, that--

      1. is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and

      2. 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—

         1. whipping, beating, striking, electronic shocking, placing of a harmful substance on someone's body, or similar activity;

         2. causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;

         3. causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;

         4. causing, coercing, or otherwise inducing another person to perform sexual acts;

         5. any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;

         6. any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and

         7. 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.''

   2. Student Organization: For purposes of this Policy, WMU defines “student organization” consistent with the SCHA definition, as an organization at the University (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 University, whether or not the organization is established or recognized by the institution.

4. Full Policy Details

   This Policy prohibits all hazing as defined in the SCHA and requires the WMU Community to comply with the Clery Act (as amended by the SCHA) and its implementing regulations. 

   1. Create and Maintain Required Statements

      This Policy requires WMU’s Division of Student Affairs to create and maintain for the WMU Community –

      1. (A) Statement of WMU’s current policies relating to hazing (as that term is defined by WMU), how to report incidents of such hazing at WMU, and the process WMU uses to investigate such incidents of hazing. The Statement shall also include information regarding applicable local, State, and Tribal laws on hazing.

      2. (B) Statement of WMU 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 the information regarding policies as described in paragraph (A) above; and 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.

   2. Communication - Campus Hazing Transparency Report

      WMU’s Office of Student Rights and Responsibilities shall annually prepare a Campus Hazing Transparency Report as required by the SCHA and include a statement of WMU’s current policies related to hazing in the Annual Security Report (ASR) required by the Clery Act.

   3. Implementation

      WMU’s Division of Student Affairs will create and maintain a campus-wide Hazing Prevention Training Program consistent with the SCHA’s requirements, including – 

      1. Develop or revise hazing policies on campus. 

      2. Ensure the policy includes a definition of hazing, how to report incidents of hazing, and the process used to investigate incidents of hazing. 

      3. Include information on applicable local, State, and Tribal laws on hazing. 

      4. Incorporate into existing hazing policy information regarding hazing prevention or develop a separate hazing prevention policy. 

      5. Ensure the policy includes education on WMU’s hazing policy or policies as well as primary prevention strategies intended to stop hazing before it occurs. 

      6. Identify what prevention programs will be used for primary prevention of hazing. 

      7. Establish a programming schedule for students, staff, and faculty.

   4. Hazing Awareness, Education, and Prevention

      This Policy requires WMU to establish and maintain programming to raise awareness and educate the WMU Community regarding hazing and to promote and implement hazing prevention strategies. 

   5. WMU Hazing Prevention Team and Response Taskforce

      WMU shall authorize and require a task force of appropriate members of the WMU Community (which may be referred to as the WMU Hazing Prevention Team and Response Taskforce) to formally and effectively provide hazing prevention efforts throughout the WMU Community and campuses and create a streamlined process for responding to and investigating reports of hazing. 

   6. Exceptions

      Nothing in this Policy 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.

5. Accountability -- WMU Hazing Investigation/Resolution Process

   The WMU Hazing Prevention Team and Response Taskforce will create, maintain, and publish a mechanism for members of the WMU Community to report incidents of hazing, and to make clear the process used to investigate incidents of hazing at WMU. WMU will further define and publish to appropriate audiences the disciplinary actions and sanctions which will apply to various members of the WMU Community (including students, administrators, faculty, and staff) who fail to follow this Policy. 

6. Related Procedures and Guidelines

   1. WMU Student Code of Conduct

      Article IV, B. 10 of WMU’s Student Code of Conduct, defines hazing is as –

      1. Any act which endangers the mental or physical health or safety of a person, embarrasses, frightens, or degrades a person or which destroys or removes public/private property, for the purpose of initiation, admission into, or affiliation with, or as a condition for continued membership, in a group, organization/team. The expressed or implied consent of the alleged person against whom the actions have been taken will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.

      2. In addition, according to the state of Michigan’s “Garret’s Law,” senate bill #783, hazing may result in criminal prosecution resulting in fines and imprisonment. Hazing can also be defined as any action or situation which intentionally or unintentionally endangers a student seeking admission into or affiliation with any student organization. In addition, any other activities which are not consistent with policy, law or the regulations and policies of the educational institution will constitute hazing. Hazing is in direct opposition to the educational mission of the institution.

   2. WMU Registered Student Organization (RSO) Handbook

      WMU’s RSO Handbook includes a statement that hazing is in direct opposition to WMU’s educational mission, strictly prohibits hazing by any RSO, and defines hazing consistent with the definitions in Michigan’s Garret’s Law and the WMU Student Code of Conduct.

   3. Hazing Prevention Network

      WMU recognizes the Hazing Prevention Network (HPN) as a resource for information about preventing hazing. HPN’s stated goal is to educate people about the dangers of hazing, advocate for change, and engage the community in strategies to prevent hazing. HPN defines “hazing” as any action or situation created, intentionally or recklessly, to initiate or affiliate with a group that endangers the mental or physical health or safety of an individual, or causes them to violate the law or institutional policies. It encompasses activities that humiliate, degrade, abuse, or endanger individuals, regardless of their willingness to participate.