Anti-Hazing Policies & Laws

The University of California Policy on Abusive Conduct in the Workplace prohibits Abusive Conduct in the Workplace, including by and against all University employees, unpaid interns, and third parties. The Policy also prohibits Retaliation against any person who reports Abusive Conduct, assists someone with a report of Abusive Conduct, or participates, in good faith, in a process under the Policy. Hazing is considered a form of Abusive Conduct. Section II of the Policy defines Hazing as follows.

Hazing: Participation in any intentional, knowing, or reckless act, activity, or method committed by a person (whether individually or in concert with other persons) against another person or persons, including current, former, or prospective students, regardless of the willingness of such other person or persons to participate, that is committed in the course of a preinitiation, an initiation into, an affiliation with, or the maintenance of membership in, an official or unofficial student organization or other student group that (I) 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 personal degradation or disgrace, and/or (II) the person knew or should have known was likely to cause serious bodily injury.

PENAL CODE – PEN [240-248]

245.6.
(a) It shall be unlawful to engage in hazing, as defined in this section.

(b) “Hazing” means any method of initiation or preinitiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state. The term “hazing” does not include customary athletic events or school-sanctioned events.

(c) A violation of this section that does not result in serious bodily injury is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100), nor more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than one year, or both.

(d) Any person who personally engages in hazing that results in death or serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

(e) The person against whom the hazing is directed may commence a civil action for injury or damages. The action may be brought against any participants in the hazing, or any organization to which the student is seeking membership whose agents, directors, trustees, managers, or officers authorized, requested, commanded, participated in, or ratified the hazing.

(f) Prosecution under this section shall not prohibit prosecution under any other provision of law.

The Stop Campus Hazing Act (SCHA)(S.2901, H.R.5646) , enacted on December 23, 2024, amends the Jeanne Clery Campus Safety Act to prioritize the prevention of and transparency about hazing incidents at colleges and universities. The federal anti-hazing law defines hazing as follows.

The term ‘hazing‘, for purposes of reporting statistics on hazing incidents…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:

• is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
• 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—
  • whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
  • causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
  • causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
  • causing, coercing, or otherwise inducing another person to perform sexual acts;
  • any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
  • any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
  • 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.

A student organization is defined as 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.

To learn more about the UC Jeanne Clery Campus Safety Act Compliance Procedures (Sec. 905-50) visit the following link: https://ucipolicy.ellucid.com/pman/documents/view/158/?security=9832f369871bb9391b2d0b0faa221041ee9f1f24

Subtle hazing includes behaviors that emphasize a power imbalance between new members/rookies and other members of the group or team. Termed “subtle hazing” because these types of hazing are often taken-for-granted or accepted as “harmless” or meaningless. Subtle hazing typically involves activities or attitudes that breach reasonable standards of mutual respect and place new members/rookies on the receiving end of ridicule, embarrassment, and/or humiliation tactics. New members/rookies often feel the need to endure subtle hazing to feel like part of the group or team. (Some types of subtle hazing may also be considered harassment hazing).

• Deception
• Assigning demerits
• Silence periods with implied threats for violation
• Deprivation of privileges granted to other members
• Requiring new members/rookies/initiates to perform duties not assigned to other members
• Socially isolating new members/rookies
• Line-ups and Drills/Tests on meaningless information
• Name calling
• Requiring new members/rookies to refer to other members with titles (e.g. “Mr.,” “Miss”) while they are identified with demeaning terms
• Expecting certain items to always be in one’s possession

Behaviors that cause emotional anguish or physical discomfort in order to feel like part of the group. Harassment hazing confuses, frustrates, and causes undue stress for new members/rookies. (Some types of harassment hazing can also be considered violent hazing).

• Verbal abuse
• Threats or implied threats
• Asking new members to wear embarrassing or humiliating attire
• Stunt or skit nights with degrading, crude, or humiliating acts
• Expecting new members/rookies to perform personal service to other members such as carrying books, errands, cooking, cleaning etc
• Sleep deprivation
• Sexual simulations
• Expecting new members/rookies to be deprived of maintaining a normal schedule of bodily cleanliness.
• Be expected to harass others

Behaviors that have the potential to cause physical and/or emotional, or psychological harm.

• Forced or coerced alcohol or other drug consumption
• Beating, paddling, or other forms of assault
• Branding
• Forced or coerced ingestion of vile substances or concoctions
• Burning
• Water intoxication
• Expecting abuse or mistreatment of animals
• Public nudity
• Expecting illegal activity
• Bondage
• Abductions/kidnaps