Federal Anti-Hazing Law Passed: What Does This Mean For SC Colleges?

The Clemson Wilbur O. and Ann Powers College of Business is seen as students make their way through campus in September of 2024. (Travis Bell/STATEHOUSE CAROLINA)

On Christmas Eve, President Joe Biden signed the first federal anti-hazing law into effect.

The law mandates that all schools publish hazing incidents as part of their annual security reports and maintain a hazing transparency report.

Previously, public universities receiving federal funding were required to report certain incidents through the annual security report outlined in the Clery Act. Now, this new federal law expands the requirement to include both private and public colleges and universities that receive any form of federal funding. These institutions must report all hazing incidents.

The Clery Act already requires federally funded colleges and universities to disclose crimes such as murder, robbery, sexual assault, and theft. These disclosures must include incidents that occur on-campus or at off-campus properties controlled by the school, such as athletic complexes or fraternity and sorority houses, according to The Post and Courier.

The new federal law adds requirements for South Carolina schools, some of which are already obligated to report certain incidents under the 2016 Tucker Hipps Transparency Act. Named after a Clemson University student who died in 2014 during a fraternity pledge run, the state law requires public four-year universities in South Carolina, with the exception of the Medical University of South Carolina and The Citadel, to keep records of all misconduct incidents involving fraternities and sororities.

This includes incidents related to alcohol, sexual and physical assault, drugs, and hazing. These reports must be listed on the school’s website in an easily accessible location for at least four years. Institutions are required to update their reports at least 45 days before the start of fall and spring semesters and notify the South Carolina Commission on Higher Education no later than 14 days after their reports are updated.

The universities covered by the state law include the University of South Carolina, Clemson University, Coastal Carolina University, College of Charleston, Francis Marion University, Lander University, South Carolina State University, Winthrop University, University of South Carolina-Aiken, University of South Carolina-Beaufort, and University of South Carolina Upstate.

The federal law goes further, requiring all schools to publish a hazing transparency report within a year of the law’s enactment and update it twice a year thereafter. Unlike the state law, the federal requirement applies to all higher education institutions and mandates reporting of all hazing incidents, including those occurring outside fraternities and sororities.

During the 2022 state legislative session, Upstate Representatives Cox and Elliott proposed a new hazing bill. However, it stalled in the Judiciary Committee.

The new federal law will take effect on January 1, 2025.

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Programming note:

After a well-deserved holiday break for our staff, The Arena’s daily political newsletter Good Morning, South Carolina will resume publication on January 14 in coordination with the start of session for the 126th South Carolina General Assembly. Stay tuned for other regularly scheduled articles and insights from The Arena.

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