| Policy Title | Anti-Hazing Policy |
|---|---|
| Policy Category | Ethics, Integrity, and Legal Compliance Policies |
| Original Policy Approval Date | June 6, 2019 |
| Policies Superseded | Student Handbook |
| Responsible Office | Vice President of Campus Life and Dean of Students |
| Related Policies | None |
| Frequency of Review | 5 Years |
I. Scope
This Anti-Hazing Policy (“Policy”) is published in accordance with the Stop Campus Hazing Act (“Federal Law”) and Act 80 of the 2018 Timothy J. Piazza Anti-Hazing Law, 18 Pa. C.S. §2808 et seq. (“State Law”) (together, the Anti-Hazing Laws). This Policy applies to Students, Student Organizations, and other persons associated with a Student Organization, including relevant Employees who serve as coaches, sponsors, or in other roles through which they may have occasion to allow, facilitate, or disregard acts of Hazing, Aggravated Hazing, or Organizational Hazing. Please see Section IV below for the definitions of capitalized terms contained in this Policy.
II. Policy Statement
The purpose of this Policy is to set forth the rules prohibiting Students, Student Organizations, or other persons associated with a Student Organization operating under the sanction of or recognized as a Student Organization by the University from engaging in Hazing and to confirm the University’s prohibition of Hazing. In addition, this Policy will: identify how the University will enforce this Policy; identify resources for reporting violations of this Policy; explain how reported violations of this Policy will be investigated; affirm the University’s commitment to offering programming to the campus community to raise awareness about Hazing and prevent its occurrence; and to explain how the University will comply with requirements in the Federal Law and the State Law to publish reports concerning investigations about Hazing.
III. Policy
A. Hazing Prohibited
The University does not tolerate Hazing. Any Student, Organization, or other persons associated with an Organization found responsible for Hazing, Aggravated Hazing, or Organizational Hazing under this Policy, whether occurring on or off campus, may face disciplinary action from the University, and may also face criminal charges under applicable Federal law, State law, or Local law, including the Anti-Hazing Laws. Hazing, Aggravated Hazing, and Organizational Hazing are each prohibited by this Policy. It shall not be a defense that the consent of the Student was sought or obtained. It is also not a defense that the conduct was sanctioned or approved by the University. Retaliating in any manner against any individual who reports Hazing, Aggravated Hazing, or Organizational Hazing, or who participates in an investigation of a report of the same is prohibited.
B. Training
To support its compliance with this Policy, the University offers campus-wide prevention and awareness programs related to hazing, including programming designed to reach Students and Employees. These prevention and awareness programs include information about this Policy, as well as primary prevention strategies intended to stop hazing before it occurs, which may include information about bystander intervention and ethical leadership. In addition, the programs will include education about strategies for building group cohesion without hazing. The University offers this training on an annual basis to the entire campus community.
IV. Reporting, Investigations, and Sanctions
A. Reporting Violations of this Policy
Arcadia encourages all members of its community who believe that they have witnessed, experienced, or are aware of conduct that constitutes Hazing, Aggravated Hazing, or Organizational Hazing in violation of this Policy to report the violation to the Dean of Students, the Director of Athletics, the Director of Public Safety or any other supervising staff member. If studying abroad, reports should be made to the Resident Director, Program Leader, or other supervising staff member.
Members of the Arcadia community may also report Hazing through the anonymous, confidential Campus Conduct Hotline Reporting System (CCH), which is managed by In Touch, via telephone at 1-866-943-5787 (toll free) or directly on the web at: www.intouchwebsite.com/cch1079. This is a secure, confidential website. CCH will not know and cannot disclose the identity of the reporter. The protected disclosure is then immediately sent to the Chair of the Audit Committee of the Board of Trustees and the General Counsel for investigation. CCH does not replace our existing methods for reporting problems or complaints. Rather, it is intended to complement and supplement existing University procedures.
B. Investigations
All reports of Hazing, Aggravated Hazing, or Organizational Hazing involving Students or a Student Organization will be referred to the Office of Community Standards and Student Conduct or the Director of Health, Safety and Security at The College of Global Studies, as applicable. Reports will be investigated by the Office of Community Standards and Student Conduct pursuant to the procedures set forth in the Student Handbook.
All reports of Hazing, Aggravated Hazing, or Organizational Hazing involving an Employee will be referred to the Office of Human Resources. The Office of Human Resources will investigate such reports in accordance with its usual policies and procedures, including procedures set forth in the Staff Handbook and Progressive Discipline Policy.
C. Sanctions
Anyone found responsible for violating this Policy may face disciplinary action, up to and including expulsion or termination from the University, and may also face criminal charges under applicable Federal law, State law, or Local law. University disciplinary measures include, but are not limited to:
- Verbal or written warning
- Assignment of verbal or written apology
- Mandatory education
- Counseling
- Community Service
- Penalties imposed by Campus Life
- The imposition of fines
- The withholding of diplomas or transcripts pending compliance with the rules or payment of fines
- The rescission of permission for the Organization to operate on campus property or to otherwise operate under the sanction or recognition of Arcadia University
- The imposition of probation, suspension, dismissal, or expulsion
- Mandatory education, counseling, suspension with or without pay, or termination (for employees)
Additional penalties that may be imposed for Athletics include:
- Penalties imposed by head coaches or athletics administrators, the NCAA or related athletics conferences
- Suspension from practice/competition or removal from a team
- Termination of athletics eligibility
- Cancellation of games and/or remainder of a season
- Post-season ban
Such sanctions may be assigned to individual Students or to Student Organizations. The University may assign other sanctions as appropriate in each particular situation, including situations involving Employees.
V. Bi-Annual Reporting Requirements
The University will publish reports concerning Hazing as required by the Anti-Hazing Laws. Specifically, the University will publish information concerning all reports of Hazing in violation of this Policy, Federal or State laws, including information concerning any findings of Hazing in violation of this Policy by a Student Organization. This information will include all information required by the Anti-Hazing Laws, including: the name of the Student Organization; the description of the incident including whether or not it involved the abuse or illegal use of drugs or alcohol; the University’s findings; any sanctions placed on the Student Organization by the University; and all dates significant to the incident, the investigation, and the findings. The report will be published bi-annually on the University’s website, and will include all reports and findings of a violation for the five (5) prior years.
VI. Definitions
Aggravated Hazing: An act of Hazing that results in Serious Bodily Injury or death to a Student; and
- The person acts with reckless indifference to the health and safety of the Student; or
- The person causes, coerces, or forces the consumption of an Alcoholic Liquid or Drug by the Student.
Alcoholic Liquid: A substance containing liquor, spirit, wine, beer, malt, or brewed beverage, or any combination thereof.
Bodily Injury: Impairment of physical condition or substantial pain.
Drug: A controlled substance or drug as defined in the Act of April 14, 1972 (P.L.233, Mo.64), known as The Controlled Substance, Drug, Device, and Cosmetic Act.
Employees: The category of Employees includes all full-time and part-time, exempt and non-exempt, faculty members, staff members, independent contractors, and volunteers of the University.
Hazing: 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, branding, 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;
- Causing, coercing, or otherwise inducing brutality of a mental nature, including activity adversely affecting the mental health or dignity of the individual, exclusion from social contact, or conduct that could result in extreme embarrassment;
- 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.
Organizational Hazing: As defined by the State Law, an act by a Student Organization where it intentionally, knowingly, or recklessly promotes or facilitates a violation of Hazing or Aggravated Hazing.
Safe Harbor: A provision in the State Law which, under limited circumstances, gives protection to individuals from criminal liability under the State Law, when they seek medical attention for themselves or others.
- The University’s Medical Amnesty Policy also provides amnesty from violations of the Arcadia University Code of Conduct for students who seek immediate medical attention for themselves or individuals in a life threatening drug/alcohol related condition. The student reporting the incident must state their name and remain with the individual in need of medical assistance until help arrives. The University’s Medical Amnesty Policy does not grant amnesty from criminal, civil, or legal consequences for violations of Federal, State, or Local law.
Serious Bodily Injury: Bodily Injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Student: An individual who attends, has applied to attend, or has been admitted to Arcadia University.
Student Organization: an organization at an institution of higher education (such as 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.
University: Arcadia University and its colleges, schools, affiliates, divisions, and subsidiaries.
Retaliation: Retaliating in any manner against any individual who reports Hazing, Aggravated Hazing, or Organizational Hazing, or who participates in an investigation of a report of the same is prohibited. Retaliation is taking any adverse action against a person in response to that person’s participation in such conduct as, but not limited to, reporting, filing a complaint, or cooperating in an inquiry or investigation. Adverse actions and retaliatory behavior can include, but is not limited to, harassment, bullying, intimidation, threats, or engaging in physical violence; adverse employment action (termination, reduction in pay, etc.); adverse action related to educational opportunities; adverse social actions such as exclusion or removal from an Organization; and encouraging or asking others to engage in retaliatory behavior on one’s behalf.
IX. Effective Date
This Policy shall be effective on the date it is signed by the President.
X. Date of Approval
June 6, 2019
