Federal Law defines hazing as 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 physically preparation necessary for participation in an athletics team, of physical or psychological injury), including:
- Whipping, beating, striking, electric 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
- 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.
Tennessee law requires the University to adopt a policy prohibiting hazing. Hazing, as defined by the state of Tennessee, includes, “any intentional or reckless act in Tennessee on or off the property of any [college or university] by one (1) student acting alone or with others which is directed against any other student, that endangers the mental or physical health or safety of that student, or which induces or coerces a student to endanger the student’s mental or physical health or safety. Hazing does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.” T.C.A. § 49-7-123.
In New York, in addition to violating University policy regarding hazing, a person can be found guilty of hazing in the first degree or second degree. “A person is guilty of hazing in the first degree when, in the course of another person's initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct, including, but not limited to, making physical contact with or requiring physical activity of such other person, which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury. Hazing in the first degree is a class A misdemeanor.” N.Y. Penal Law § 120.16. “A person is guilty of hazing in the second degree when, in the course of another person's initiation or affiliation with any organization, he intentionally or recklessly engages in conduct, including, but not limited to, making physical contact with or requiring physical activity of such other person, which creates a substantial risk of physical injury to such other person or a third person. Hazing in the second degree is a violation.” N.Y. Penal Law § 120.17
While including the statutory definitions of hazing above, the University expands its definition of hazing to include any act by an individual or an organization that may produce, or is intended to produce, mental or physical discomfort, embarrassment, or ridicule, or any acts that are humiliating, intimidating, or demeaning, or that endanger the health and safety of an individual or group of individuals regardless of their affiliation for the purposes of, but not limited to, recruiting, joining, pledging, initiating, admitting, affiliating, or retaining membership in an organization. Accordingly, hazing may still occur regardless of whether a person is considered initiated or otherwise admitted as a full member of the organizations. Such acts include—but are not limited to—the following:
- Violation of federal, state, provincial, local law, or organizational policy
- Consumption of any food, liquid, or other substance in any non-customary manner
- Forced or encouraged consumption of alcohol or other drugs
- Physical contact, including but not limited to, beating, paddling, branding, dangerous physical activity, or exposure to elements, or threats of such conduct
- Exercise inconsistent with the mission of the organization
- Adversely affecting the mental health or dignity of the individual through acts such as sleep deprivation, exclusion from social contact or conduct that could result in embarrassment, or threats of such conduct
- Disruption of academic performance or class attendance, including early morning or late night work sessions
- Designated driving programs
- Personal or financial servitude
- Publicly wearing apparel which is conspicuous and not normally in good taste
- Engaging in public stunts
- Morally degrading or humiliating games and activities
- Scavenger hunts.
The University makes no distinction as to whether the acts occurred on or off campus. Willful or voluntary participation in hazing activities by a victim does not absolve the person or organization engaging in hazing from responsibility. Both organizations and individuals within organizations may be charged with hazing for actions stemming out of the same event or incident.
Severe, persistent, or pervasive acts may be classified as aggravated hazing. The extent to which the form of hazing presents a significant threat to health and safety, including, but not limited to, forced alcohol or drug consumption, physical abuse, reckless conduct that jeopardizes life or wellbeing, sexual misconduct or exploitation, engaging in criminal activity, or deprivation of sleep, food, or water, will be taken into account in assigning sanctions and accountability action plans. When the hazing act causes actual harm or could have reasonably caused significant harm to people or property, the University’s response to aggravated hazing charges will be escalated, and will likely result in suspension or expulsion on the first occurrence of such behavior
Any concerns of hazing as described above should be reported by using the Hazing Incident Reporting Form. Reporters are asked to provide as much detail as is known about the incident including the organization or persons involved, the nature of the hazing alleged to have occurred, specific dates/times/locations, and any supporting evidence (pictures, videos, messages) to substantiate the allegations. If an organization’s leaders or members who are not subject to the hazing come forth to disclose hazing is occurring within the organization in an effort to address it in concert with the university and prior to the university receiving any information about alleged hazing, the University will evaluate whether individual charges of hazing are more appropriate as compared to charging the organization. In either circumstance, individual or organizational charges, the University will evaluate whether educational requirements are more appropriate than formal adjudication. In cases of aggravated hazing, educational requirements are not appropriate and formal adjudication is required.
Reports of hazing are investigated by Student Accountability, Community Standards & Academic Integrity. Investigations into hazing are described in the Student Organization procedures section of the Student Handbook. Organizations accused of hazing will follow the procedures explained in the Student Organization Procedures section of the Student Handbook; individual members accused of hazing will follow the procedures explained in the Student Accountability Procedures section of the Student Handbook.
Where conflict exists between federal law, state law, and University policy, the University will apply the more expansive of the three.