Death by Hazing: Should there be a Federal Law Against Fraternity and Sorority Hazing? 1

Abstract

Hazing, the practice of initiating new members into a group, often through harassment and humiliation, is a tradition that has endured in United States culture for decades. Hazing, and its negative conduct, leads to serious injury and even death. The purpose of this article is to review the current state of the law and propose a solution that will help decrease the number of deaths caused by hazing each year.

Headnote

Abstract

Hazing, the practice of initiating new members into a group, often through harassment and humiliation, is a tradition that has endured in United States culture for decades. Hazing, and its negative conduct, leads to serious injury and even death. The purpose of this article is to review the current state of the law and propose a solution that will help decrease the number of deaths caused by hazing each year.

Keywords: hazing, fraternity, sorority, harassment, Clery Act, FERPA, federal law

Introduction

"Can you name another social institution, besides the college fraternity, in which 19, 20 and 21 year-old young men have absolute power and authority over the lives of 17 and 18 yearold young men?"2 Hazing, the practice of initiating new members into a group, often through harassment and humiliation, is a tradition that has endured in United States culture for decades. Nevertheless, many young people submit themselves each year to hazing in hopes of acceptance into the exclusive fraternities and sororities on college campuses, or Greek life.

Hazing, and its negative conduct, leads to serious injury and even death. For example, Armando Villa, along with other new recruits, was pledging the Zeta Mu chapter of Pi Kappa Phi at California State University at Northridge in July 2014.3 As part of a hazing ritual, the pledges hiked eighteen miles through the Angeles National Forest while blindfolded. Members of the fraternity took the pledges' cell phones and shoes away, and gave the pledges an insufficient supply of water for all the pledges to share during the hike. At one point, Villa passed out during the hike and never regained consciousness. While at the hospital, Villa's body temperature rose to 108.8 degrees, and he died. Later, the coroner concluded that heat stroke caused Villa's death.4

Since 2005, more than sixty college students have died in hazing related incidents, with five of those students dying in 2013 alone.5 Even with this alarming number, Congress continues to fail to propose and pass legislation that would serve as an effective deterrent to hazing in Greek organizations. Perhaps some legislators are unaware of the seriousness of this problem because there is no federal or state agency that collects statistical data on hazing incidents.6 Even though some legislators have recognized there is a serious hazing problem and have proposed federal anti-hazing legislation, none of these proposals have successfully made it to the congressional floor for a vote.7

The purpose of this article is to review the current state of the law and propose a solution that will help decrease the number of deaths caused by hazing each year.8 Part I discusses the history of hazing. This section also discusses the definition of hazing as well as how the definition varies from state to state. Part II examines the Crime Awareness and Campus Security Act of 1990 ("Clery Act") and the Family Educational Rights and Privacy Act ("FERPA"). Part III discusses the outcomes of prior attempts to propose anti-hazing federal regulation. Last, Part IV proposes a definition for hazing and a solution intended to reduce the number of students that die each year due to hazing activity.

L AN OVERVIEW OF HAZING

Since its introduction in Greek letter organizations, hazing has become the activity of choice for these organizations to establish a member's loyalty. The number of hazing related deaths continues to rise, but many still encourage hazing because they feel it is a "rite of passage."9 To understand why hazing is still prevalent among Greek letter organizations, it is important to examine the origin and definition of hazing.

A. The History of Hazing

Hazing activities date back to when Plato founded his academy in 387 B.C.10 Plato encouraged the young men in his academy to play practical jokes on newcomers because he believed newcomers "had to be polished before he could become a regular member."* 11 Hazing continued throughout the Middle Ages.12 Starting in the fifteenth century, hazing, then known as "pennalism," became more common in England at universities such as Cambridge University and the University of Oxford.13 Scholars from these universities used hazing practices, such as fagging,14 to determine whether a person was worthy of future employment.15 Eventually, hazing practices emerged in the United States, with the faculty being the first to dictate the terms of hazing. For example, professors at Harvard University instituted a law that required freshmen to obey orders from upperclassmen and run errands for the upperclassmen.16 Starting in the nineteenth century, student organizations such as literary societies began to use hazing practices.17

Greek letter organizations, such as fraternities and sororities, started engaging in hazing as a common practice in the 1800s.18 In 1873, the Kappa Alpha society at Cornell University became the first fraternity to have a member die from hazing.19 Two society members blindfolded a pledge,20 Mortimor N. Leggett, and left him alone in the dark/1 The darkness disoriented Leggett, and he fell into a gorge. In 1912, Isaac William Rand and his roommates were pledging a fraternity at the University of North Carolina at Chapel Hill. 22 One night, four fraternity brothers took the pledges from their rooms and carried them to the athletic field. The brothers then forced the pledges to sing and dance while standing on barrels. Rand fell off his barrel and cut his jugular vein, causing him to bleed to death.

During the Vietnam War, membership rates of Greek letter organizations dropped, and fraternities abandoned their hazing rituals in hopes of retaining more members.23 However, once the war concluded, Greek membership rates began to rise again, and fraternities resumed their hazing rituals. In November 1974, William Flowers pledge Zeta Beta Tau at Monmouth College.24 The fraternity members brought five pledges to the beach, forced the pledges to dig graves in the sand, and then made them lie in the graves.25 Fraternity brothers then scooped sand on top of the pledges. Flowers' grave collapsed on him, and his lungs filled up with sand. He died before anyone could dig him out.

To date, there have been no confirmed reports of any sorority-related deaths due directly to hazing.26 However, in 1970, Donna Bedinger was a sister of Alpha Gamma Delta at Eastern Illinois University when she died during a pledge sneak.27 Pledges took Donna and another sister to a back road three miles away from school. As the pledges began to drive away, Donna jumped toward the car in an attempt to grab on to the bumper. However, she missed the bumper, hit her head on the pavement, and later died from her injuries. Donna's death was ruled an accident by the detectives investigating her death, so it was never labeled as a death caused by hazing.

In November 2012, members of Phi Kappa Alpha found David Bogenberger, a nineteenyear-old pledge, dead after a night of initiation hazing.28 Bogenberger, along with eighteen other students, was pledging Phi Kappa Alpha at Northern Illinois University. The pledges had to drink vodka from four-ounce cups in each of the seven rooms inside the fraternity house within ninety minutes. The members of the fraternity heckled any pledge reluctant to drink and called them obscene names until they drank. After consuming three to five glasses of vodka and being given a bucket to vomit in, Bogenberger and many of the other pledges lost consciousness. The fraternity brothers put the unconscious pledges on makeshift beds to sleep it off. At about 11 p.m. that night, a fraternity officer ordered all fraternity brothers to delete any pictures or videos taken of the unconscious pledges that night. The next morning, members found Bogenberger dead, and it was later determined Bogenberger's blood alcohol content was 0.351.

One of the big issues surrounding hazing is the scope of who to hold accountable for hazing incidents. Thus far, national headquarters and universities have been able to convince state courts to relieve them of any responsibility and to hold liable only the individual engaging in the hazing activity. Depending on the circumstances, local chapters or officers of the organization who were present and organized the event also should bear liability. In Yost v. Wabash College, the Indiana Supreme Court declined to hold the college or national fraternity liable.29 Brian Yost was pledging the Pi Kappa Psi fraternity at Wabash College. Yost suffered injuries during an incident at the fraternity house and filed suit against Wabash College, the fraternity he was pledging, its national organization, and a student fraternity member. The Indiana Supreme Court found that neither Wabash College nor the fraternity's national headquarters had assumed a duty to protect Yost, and no agency relationship existed between the college and the fraternity, or the national headquarters and its local chapter. Therefore, the court found the college and national headquarters were not vicariously liable for Yost's injuries. The court remanded the case for the lower court to determine whether the local fraternity is liable.

B. Legislative Definitions of Hazing

Hazing remains a prevalent issue within fraternities and sororities on university campuses. A study conducted in 2007, "Hazing in View: College Students at Risk" ("Hazing in View"), found that more than half of the college students who are members of a club, athletic team, or organization experienced a hazing activity.30 Seventy'three percent of the students involved in a Greek letter organization reported they experienced at least one hazing behavior.31 Yet, even with these high percentages, no common definition of what constitutes hazing has emerged.

Oxford dictionary defines hazing as (1) "the imposition of strenuous, often humiliating, tasks as part of a program of rigorous physical training and initiation" and (2) "humiliating and sometimes dangerous initiation rituals, especially as imposed on college students seeking membership to a fraternity or sorority."32 Despite the academic definition of hazing, state legislatures have each come up with their own definitions of hazing. The lack of consistency in these definitions, and the resulting lack of consistency in punishments, is exactly why federal legislation that defines hazing and its punishments need enactment.

In 1894, New York became the first state to enact an anti'hazing law.33 The law stated it was "unlawful for any person or persons to engage in or aid or abet what is commonly called hazing, in or while attending any of the colleges, public schools or other institutions of learning in this state."34 Since then, forty'four states have enacted anti'hazing laws.35 However, even among these forty'four states, there is no common definition for what precise conduct constitutes hazing. In the study Hazing in View, nine out of ten students who reported experiencing what the researchers identified as hazing behavior did not themselves view their experience as hazing. Instead, the students explained why they considered their personal experience something less.

The fact that some states charge hazing only as a misdemeanor further complicates efforts to try to define hazing.36 Other states charge hazing as either a misdemeanor or a felony, depending on the severity of a hazing injury.37 Some states do not charge hazing as a misdemeanor or a felony and instead instruct the educational institution to create and adopt a hazing policy defining prohibited behavior and the disciplinary measures for a violation of the policy.38 Some states, as a condition to imposing criminal charges, may require that the hazing result in a fatality or in bodily harm.39 Other states also consider the mental effects of hazing when imposing criminal charges.40 Most states, however, treat hazing as a misdemeanor. The punishment for misdemeanors sometimes seems insufficient when compared to the severity of the offense. For example, the State of Virginia charged members of the Men of Honor Society with only misdemeanor hazing following the drowning deaths of two pledges. 41 The members received one-year jail sentences and had to pay a $2,500 fine.

II. EXISTING FEDERAL LEGISLATION RELATED TO HAZING

Aside from state's having different definitions and punishments for hazing, there is also a disparity among universities and among how they handle hazing incidents that occur on campus. Universities prefer to tum a blind eye to hazing because they want to avoid the public scrutiny that comes with being at the center of a major campus crime. To help avoid public scrutiny, some universities use the Family Educational Rights and Privacy Act ("FERPA") as a shield to avoid reporting hazing incidents that occur among university students.

The FERPA was first enacted in 1974 and made binding on the states through the Spending Clause of Article I, Section 8 of the U.S. Constitution.42 This statute assured universities would keep educational records confidential, giving only parents the right to look at their child's education records.43

The crime rate on university campuses began to increase in the 1980s.44 In 1990, Congress passed the fourth amendment to FERPA entitled the Clery Act.45 Congress enacted the Act in response to the rape and murder of nineteemyear-old Jeanne Clery at Lehigh University in Pennsylvania.46 The law:

requires colleges and universities to disclose their security policies, keep a public crime log, publish an annual crime report[,] and provide timely warnings to students and campus employees about a crime posing an immediate or ongoing threat to students and campus employees. The law also ensures certain basic rights for victims of campus sexual assaults and requires the [United States] Department of Education to collect and disseminate campus crime statistics.47

Despite this amendment, universities have sidestepped reporting incidents of hazing by claiming the privacy provisions of FERPA prohibit the universities from disclosing the incidents.48 Universities are able to use FERPA as protection by claiming an incident was neither violent nor sex related. Consequently, these incidents did not fall within the reporting parameters of the Clery Act, and the university could address the incident confidentially through its in-house judicial process.49 This allowed a university to make the hazing incident a part of a student's educational record. Universities take the position that educational records include a student's disciplinary record. The university would then not report the incident under the justification that it risked losing its federal aid if it disclosed a student's educational record in violation of FERPA.50

After much debate on what constitutes an educational record, Congress amended FERPA again in 1998.5 The amendment provided that nothing prohibited a university from releasing the final results regarding a student disciplinary action that concerned a violent crime or non-forcible sex offense.5 However, before a university released a student's disciplinary record, it had to comply with four requirements: (1) the information from the disciplinary proceedings must have been the final result, (2) the student whose records were sought to be released must have committed a violent crime or a non-forcible sex crime; (3) through the disciplinary proceeding, the university must have determined the student actually committed the act; and (4) the violent crime or non-forcible sex offense must have been in violation of the university's rules/4

The 1998 amendment has done little to force universities to disclose disciplinary proceeding records because the amendment still allows a university to use its discretion to decide whether the incident falls within those subject to mandatory reporting under the Clery Act and whether the university must disclose the records. Faced with that decision, universities have a strong incentive to opt not to disclose the reports in order to maintain their reputation as a safe campus.5 Supporters of disclosure of the final results from disciplinary proceedings accuse universities of using FERPA as a way to shield the crime rates on their campuses, including hazing crimes. The supporters believe universities try to shield crime rates on their campuses to avoid losing their appeal to incoming students or financial benefactors.5

By their nature, Greek organizations are very secretive. The loyalty demanded by keeping secrets, such as hazing practices, strongly appeals to many young people's desire to be accepted. Consequently, very few victims or witnesses are willing to come forward about hazing. Victims also may be hesitant about coming forward, because they do not want a "victim" label. The study, "Hazing in View," reported that even when a hazing activity occurs, it still goes unreported about ninety-five percent of the time/7 The lack of reporting hazing incidents coupled with universities using FERPA as a shield not to disclose results from disciplinary proceedings arising from hazing incidents make the chances of criminal prosecution for hazing crimes very small.58

III. EFFORTS TO ENACT FEDERAL HAZING REGULATION

There is some interest in the community to provide guidance to Greek letter organizations on issues such as hazing. Groups such as the Association of Fraternity Advisors and the Fraternal Government Relations Coalition are two such advisory groups.5 These groups provide information to fraternities and sororities relating to hazing, and they compile lists of hazing related resources such as books, speakers, and programs. However, these advisors do not take proactive roles in helping to design federal anti-hazing legislation.

In 2003, Diane Watson, a U.S. Representative from California, proposed an amendment to section 484 of the Higher Education Act of 1965.60 Section 484 addresses a student's eligibility for financial aid. Watson's amendment, H.R. 1207, also known as the Hazing Prohibition Act of 2003, proposed adding a new subsection "(s)" that would suspend a student's eligibility for financial aid if the student is sanctioned for hazing offenses, similar to the way subsection "(r)" suspends eligibility for drug related offenses.6 The amendment proposed that students "subjected to an official sanction for hazing" would not be eligible to receive any type of financial aid for up to one year after a sanction.62 The amendment defined hazing broadly so its interpretation could encompass almost any type of situation that some might consider physically or emotionally coercive while participating in an activity a student organization sponsored.63 A student sanctioned for hazing could lose financial aid, even if no one charged him or her with criminal hazing. The amendment required only that a university issue the official sanction, and that was sufficient to effectuate the suspension of aid. However, Watson's Bill died in committee, so it never came before the legislative body.64

The next public discussions regarding anti-hazing federal regulations did not occur until 2011, after the death of Robert Champion. Champion was a student at Florida Agricultural and Mechanical University ("FAMU"). Though not pledging a fraternity, Champion died because of injuries he sustained from a hazing activity during a marching band trip.66 In response to Champion's death, Frederica Wilson, a U.S. Representative from Florida, vowed to propose a federal anti-hazing bill. In September 2012, Wilson held a news conference to offer her plan for new initiatives to end hazing.6' Standing alongside Wilson was Robert Champion's mother and Lianne Kowiak, the mother of another boy who, in 2008, died from hazing while pledging a fraternity.68 Wilson wanted a national law against hazing enacted because she believed states did not adequately prosecute hazing crimes, and victims and witnesses were not encouraged to come forward under the existing state laws.

Wilson's legislative initiative was similar to Watson's 2003 proposal in that it sought to deny financial aid to students found guilty of hazing. However, Wilson's bill proposed to deny financial aid to students criminally convicted of hazing under a state statute69 and to apply sanctions to students who witnessed a hazing incident but did not report it.70 Wilson also proposed establishing an "Advisory Committee on Hazing Prevention and Elimination" within the United States Department of Justice and restricting federal transportation funds to states that do not, or fail to, enact a felony criminal hazing statute.71 Wilson promised a number of times that she would introduce her anti-hazing proposal to Congress; however, as of this writing, she has yet to do so.72

Many surmise that Wilson did not follow through with introducing her bill because of lobby efforts against the bill. One group that has been influential in halting proposals for federal anti-hazing legislation is the Fraternity and Sorority Political Action Committee ("FSPAC"). Formed in March 2005, the FSPAC states its purpose is to allow "Greeks to work together to visibly support our brothers and sisters in Congress and those who champion Greek issues."73 After Wilson announced her plan to propose an anti-hazing bill, the FSPAC contacted Wilson. FSPAC then reported to news outlets, such as Bloomberg, that it explained to Wilson why her proposed federal anti-hazing bill was not appropriate and why states should be responsible for enacting anti-hazing legislation.74 Although the Fraternal Government Relations Coalition ("FGRC"), the parent organization of the FSPAC, stated it would "support ?well-crafted' federal anti-hazing legislation," neither FGRC nor FSPAC has offered suggestions for what it believes is "well-crafted" legislation.75

In January 2014, Alan Grayson, a United States representative from Florida, introduced a bill that proposed any student convicted under a state hazing law would not qualify for federal loans or grants.76 The Subcommittee on Higher Education and Workforce Training considered this bill in June 2014, but ultimately the bill did not become law during the 113th Congress.77 Although both Grayson's and Wilson's bills seek to deny financial aid to students found to be hazing, the bills differ in one important way. While Wilson's bill denies financial aid to students disciplined by their universities, Grayson's bill denies aid only to students convicted of hazing in state court under that state's hazing law. Organizations, such as FratPAC, National Panhellenic Conference, and North-American Interfratemity Conference are willing to support Grayson's bill over Wilson's bill because Grayson's bill ties loss of financial aid to a criminal conviction. The problem with this legislation is that it still leaves it up to the states to define hazing.78 Therefore, a student who loses financial aid in one state may not have lost his or her financial aid if he or she attended a university in another state that has a different definition of hazing.

Federal legislation tying hazing and financial aid has other strong opponents besides FSPAC. FAMU expressed to Wilson its opinion that federal legislation "would unfairly target minority students, who rely more heavily on financial aid."79 The National Association for Equal Opportunity in Higher Education ("NAFEO"), which represents colleges that are predominantly Black, told Wilson it felt the penalties in her proposal were harsher than penalties for other types of crimes.80 Walter Kimbrough, President of Dillard University, also opposes federal regulation and says he believes hazing "helpjs] newcomers earn their place in a certain group" and is "an important step on the road to developing identity."81

Many opponents to federal anti-hazing legislation believe universities are better equipped to regulate the Greek organizations on their own campuses. However, this approach requires trusting the same students who devise the various hazing rituals to bring a hazing incident to the university's attention. Self-regulation is a slow road to resolving hazing issues. Since 2009, nine deaths related to hazing occurred at events Sigma Alpha Epsilon ("SAE"), one of the nation's largest and oldest fraternities, sponsored. This is more than at any other fraternity.82 It took five years and nine deaths before SAE finally announced it was removing its new member program completely.83 SAE's decision to remove its new member program comes after numerous reports of hazing rituals that led to a number of universities closing SAE chapters on their campuses.84 Having universities self-administer discipline for hazing incidents has other drawbacks. Universities have a self-senring interest in making sure their reputation and federal funding remain intact. Attracting future students with its good reputation and the availability of financial aid is fundamental to the university's survival. Reporting hazing incidents does not serve the universities' efforts to maintain its standing among prospective applicants.

IV. A FEDERAL SOLUTION

As hazing injuries and hazing deaths continue to dominate the news, individual states and universities have been ineffective in controlling hazing. In the face of this continuing epidemic that impacts students, families, schools, and communities. Congress has a responsibility to take charge of addressing the hazing problem. Congress needs to enact a uniform definition for hazing, and provide proportional punishments that acknowledge the severity of the crime and serve as a deterrent to future hazing. To be effective, such a law must (1) set forth a uniform definition for hazing, which should address physical and psychological hazing activities; (2) establish who may be found liable for a hazing incident; (3) define the level of the offense as either misdemeanor or felony, and establish the punishment for each level of offense; (4) set up a national advisory committee, and (5) require universities to report hazing incidents to a national database.

Despite the arguments against federal legislation for hazing, there are ways to fashion a suitable legislative response to criminal hazing. A comprehensive federal statute addressing hazing would be the most effective way to handle the issue. Under Amendment 10 to the United States Constitution, the states retain the policing power.86 However, Congress can enact legislation that requires the states to follow federal mandates on hazing definitions and punishments.87 In South Dakota v. Dole, the Supreme Court held that encouraging state action was a "valid use of the spending power."88 The Court in Dole noted that if the state did not want to implement a law, it could refuse the highway funds the federal government offered.89 Congress should restrict education funding for any state that fails to enact the federal hazing law.90 By reducing education funds for states that choose not to enact a law consistent with the federal hazing law, Congress would be encouraging states, not coercing them.91

The arguments opponents of federal legislation for hazing raise now are the same arguments that opponents of federal legislation that tied financial aid restrictions to certain criminal convictions raised.92 The Higher Education Act of 1965 places restrictions on the availability of financial aid to persons convicted of drug offenses93 and forcible and non-forcible sex offenses.94 Congress can amend the Higher Education Act of 1965 to provide that students attending institutions of higher education would be subject to student financial aid restriction if they receive a conviction of hazing.95 Students convicted of hazing resulting in death or serious bodily injury to another should be restricted from receiving any type of federally funded financial aid indefinitely.96 Convictions for lesser offenses should result in loss or a suspension of the right to receive any type of federally funded financial aid for a defined period, for example, one year from the date of conviction.97

Congress should mandate that for a university to receive any type of federal financing, the university must implement an anti-hazing education program that the university will present during orientation for incoming and transfer students.98 Congress also should mandate that universities implement a program through mental health services to provide group or individual counseling for students who receive a conviction of hazing.99 Similar to FERPA, Congress can apply this law to any state receiving funds from any federal funding.100 In turn, Congress can require the states enact and enforce the law at the risk of universities within the state's jurisdiction also losing federal funding.

The first step is to define hazing and to require states to implement this uniform definition. A "well-crafted" federal anti-hazing law is achievable. An example is the hazing Legislation Congress recently adopted for the Uniform Code of Military Justice.101 This law requires each military department to report hazing incidents including the department's definition of hazing, a discussion of its policies, and a description of the methods taken to track and report hazing incidents. The Army also has implemented regulations that more specifically define hazing.102 These definitions the military adopted as part of its code of conduct provide examples of what to incorporate into a comprehensive and specific definition of hazing. This definition can apply not only to fraternities and sororities but also to other school organizations such as athletic teams and clubs. A definition for hazing could be the following: any conduct, with or without the consent of the individual(s) involved, that recklessly, intentionally, or unintentionally endangers the mental or physical well-being of that individual(s) by causing that individual(s) to be exposed to any activity that is cruel, abusive, humiliating, oppressive, demeaning, or harmful.103 Furthermore, Congress can look to guidelines of organizations, such as the Multicultural Greek Letter Council, to help determine what specific acts constitute hazing.104 This definition is broad enough to encompass all ritualistic, harassing, and abusive activities typically engaged in during the pledging process of Greek organizations.

Second, to assure uniform regulation of hazing across all states, Congress should require that each state enact a law that incorporates the federal definition of hazing put forth by Congress. The definition should include not only what hazing is but also who is liable. Thus far, state courts have declined to hold national fraternity and sorority organizations and universities liable for the hazing activities of local fraternity and sorority chapters, on findings that these entities never assumed a duty to the person injured or killed.106 However, arguably, these entities do take steps to oversee activities engaged in by fraternities and sororities, and, therefore, do have an idea of what is going on within the organization.107 Congress should look to the relationship between the local chapters, the universities, and the national headquarters to determine certain standards for when organizations have criminal liability for hazing offenses.108 For example, the Center for Campus Life at Texas Tech University posted the University's hazing law, which states "[c]harges can be filed not only against the student organization but against the president, the advisor, other individuals associated with the incident, the inter/national affiliate if there is such, as well as the University."109 Some opponents to expanding liability past the local level may argue that holding the national headquarters responsible for the criminal acts of its local chapters will have a chilling effect on headquarters' role in educating members against liability because headquarters will not want to be locally involved.110 Congress's enactment of a law that requires states to hold both the individual and the Greek organization liable will give organizations an incentive to monitor more closely their members.

The third step is to set forth the punishment for those found guilty of hazing. Hazing misdemeanors and felonies should include not only physical harm but also psychological harm. Felony convictions should apply to students found guilty of the most egregious hazing incidents, such as those resulting in death or serious bodily injury to another. Convictions for lesser offenses may result in the lesser punishments applicable to misdemeanors. The federal mandate should require States to adopt the punishment levels that Congress defines for offenses, including monetary fines and incarceration for those convicted of hazing.112 The definition also should provide that a victim's voluntary participation in the activity is not a defense to hazing.113

Just like Congress amended the Higher Education Act of 1965 to restrict the availability of financial aid to persons convicted of drug offenses114 and forcible and non-forcible sex offenses, 115 this anti-hazing legislation should also restrict financial aid to persons found guilty of hazing.116 Students convicted of a felony should be restricted from receiving any type of federally funded financial aid indefinitely.117 Convictions for lesser offenses should result in loss or a suspension of the right to receive any type of federally funded financial aid for a defined period, for example, one year from the date of conviction.118

The fourth step is to set up an advisory committee. This advisory committee would have a number of responsibilities. One responsibility would be to require a university receiving any type of federal funding to implement an anti-hazing education program that the university will present during orientation for incoming and transfer students.119 The committee would study the programs and prevention policies implemented at institutions of higher education, observe and analyze state laws on hazing, and evaluate the effectiveness of hazing education programs and of penalties imposed for hazing offenses.1 The committee also would oversee compliance with congressional legislation that requires universities to provide group or individual counseling for students convicted of hazing.121 Each state should delegate one person who will report statistics for that state related to the occurrence and prosecution of hazing to the committee.122 The committee then would report criminal hazing statistics to the U.S. Department of Justice and report educational statistics to the U.S. Department of Education.

The final step in federal hazing legislation would be to require universities to report incidents of hazing to a national database.123 Congress should amend the Clery Act to specifically include hazing as a required reporting category.124 Congress could use restrictions on federal funding as a way to compel universities to comply with reporting requirements. This restriction would motivate universities to be more open with reporting and more proactive with responding to hazing incidents.1 This database should include reporting the number of hazing allegations, the number of substantiated hazing cases, and the penalties imposed upon the perpetrators, using the definition of hazing established by Congress.126

Federal anti'hazing legislation provides the key to putting a stop to the ongoing abuse occurring in Greek organizations across the nation. As such, Congress should (1) set forth a uniform definition for hazing, which should address physical and psychological hazing activities; (2) establish who may be found liable for a hazing incident; (3) define the level of the offense as either misdemeanor or felony, and establish the punishment for each level of offense; (4) set up a national advisory committee, and (5) require universities to report hazing incidents to a national database. Even though there are many critics of hazing regulation, these critics offer no better solution to what is becoming an epidemic on university campuses nationwide.

V. CONCLUSION

Hazing among Greek letter organizations continues to be an issue of national importance.127 A majority of states have responded to public outcries over hazing by enacting anti'hazing legislation.128 However, state laws vary in defining what hazing is, what criminal consequences, if any, an offender may be subject to, and how to punish violations of anti'hazing laws.129 It is time for Congress to step in and provide guidance toward solving the hazing issue. Congress needs to (1) set forth a uniform definition for hazing, which should address physical and psychological hazing activities; (2) establish who may be found liable for a hazing incident; (3) define the level of the offense as either misdemeanor or felony, and establish the punishment for each level of offense; (4) set up a national advisory committee, and (5) require universities to report hazing incidents to a national database.

Enacting federal anti'hazing legislation with a uniform definition for hazing will make it easier for student organizations and their individual members to recognize when someone is a victim of hazing.130 Specifically addressing both physical and psychological hazing activities within a uniform definition for hazing will educate students on what constitutes hazing.131 Addressing both physical and psychological hazing activities also can help increase the number of reported hazing incidents.132 A uniform definition that identifies examples of the physical and psychological hazing activities also will make it easier for schools and organizations to hold violators more accountable for hazing activities.133

Punishment not only serves to hold individuals accountable for the consequences of hazing activities but also provides organizations with an incentive to "create new traditions" that do not include the culture of hazing.134 Similarly, states may have incentive to adopt federal anti' hazing directives if federal funding hangs in the balance.

To accomplish the goal of implementing federal anti'hazing legislation, it is necessary for the government, institutions of higher education, organizations, and political action groups to work together to achieve a welhcrafted and effective solution for the pervasive problem of hazing.136 Congress's implementation of federal anti'hazing legislation will remove the absolute power that nineteen, twenty, and twenty-one year olds have over seventeen and eighteen year olds. This type of legislation will be a large step in helping to prevent, and eventually extinguish, the dangerous tradition of hazing from college campuses.137

Acknowledgement

The author would like to thank her family for all the support and encouragement they give her.

Sidebar

Discussion Questions

1. Should a student's voluntary participation in the pledging process be a defense available to a charge of hazing? Why or why not?

2. Is using financial aid as a punishment for hazing violations more likely to affect universities with a higher minority population more than other colleges or universities? How about its impact on students on an individual basis?

3. As a practical matter, will tougher hazing laws penetrate the traditions of secrecy fraternal organizations often exercise? Why or why not?

Footnote

1 Editors' Note: This article uses legal style citations and notes.

2 Dr. Gentry McCreary, Hazing's Perfect Storm - The American College Fraternity, Doctor Gentry's Blog (Sept. 24, 2013, 8:30 AM), http://doctorgentry.blogspot.com/ [hereinafter Hazing's Perfect Storrri\. Dr. Gentry often speaks to groups about hazing. Id. Dr. Gentry asks the audience this exact question each time he speaks to a group. Id. However, no one has been able to provide him with an answer. Id. Even though fraternities and sororities have chapter advisors and national headquarters, advisors and headquarters do not participate in the chapter's decision-making process. Id.

Footnote

3 Deborah Hastings, Cal State Northridge student's death was caused by hazing university declares, N.Y. Daily News (Sept. 5, 2014), http://www.nydaiIynews.com/news/national/cal-statenorthridge-student-death-ruled-hazing-university-article-1.1929919.

4 Susan Abram & Brenda Gazzar, CSUN hazing case nearly complete, soon to be reviewed by District Attorney, L.A. Daily News (Oct. 23, 2014), http://www.dailynews.com/socialaffairs/20141023/csun-hazing-case-nearly-complete-soon-to-be-reviewed-by-district-attorney.

5 Kelly Gilblom & John Lauerman, Colleges Crack Down on Fraternities as Safety Concerns Mount, Bloomberg (Sept. 27, 2014), http://www.bloomberg.com/news/2014-09-26/colleges-crack-down-onfraternities-as-safety-concerns-mount.html; Hank Nuwer, The Hazing Reader, Indiana Univ. Press (April 22, 2014), http://www.hanknuwer.com/hazingdeaths.html [hereinafter The Hazing Reader]; see also Tracy Connor, Hazing Death of Baruch Freshman Declared a Homicide, NBC (Feb. 14, 2014), http://www.nbcnews.com/news/us-news/hazing-death-baruch-freshman-declared-homicide-n28441. Since 2005, six students were paralyzed as a result of hazing incidents. Hazing Death of Baruch Freshman Declared a Homicide.

6 Allison McGinley, Experts warn hazing a dangerous trend on the rise, Click Orlando (Jan. 12, 2012, 6:18 AM), http://www.clickorlando.com/news/Experts-warn-hazing-a-dangerous-trend-on-therise/-/1637132/7803756/-/3r7c5qz/-/i ndex. html

7 See generally David Glovin, Mother of Golf Prodigy in Hazing Death Defied by FratPAC, Bloomberg (July 24, 2013), http://www.bloomberg.com/news/2013-07-24/mother-of-golf-prodigy-inhazing-death-defied-by-fratpac.html (indicating that Frederica Wilson has yet to make good on her promise to introduce a federal anti-hazing bill); Hazing Prohibition Act of 2003, H.R. 1207, 108th Cong. (2003) (showing that Diane Watson's federal anti-hazing legislation proposal did not make it out of committee).

8 This article will focus only on the criminal law aspects of hazing and will not address any preemption or constitutional issues under the Fourteenth Amendment.

Footnote

9 See Walter Kimbrough, Handling Hazing, Am. Council on Educ. (2012), available at http://www.acenet.edu/the-presidency/columns-and-features/Pages/Handling-Hazing.aspx (stating that hazing is a necessary right of passage and an "important step on the road to developing identity"); Hank Nuwer, Wrongs of Passage: Fraternities, Sororities, Hazing, and Binge Drinking 194 (1999) [hereinafter Wrongs of Passage]; Ruth Sterner, The History of Hazing in American Higher Education, Wordpress, 3 (2008), http://ruthsterner.files.wordpress.com/2008/05/histpdf.pdf; see also Dave Westol, Warning Signs of Hazing, in Hazing on Campus 31, 31 (Association of Fraternity Advisors, Issues in Focus, 2005), available at http://web.centre.edu/schutts/Hazing_on_Campus.pdf (listing "I went through it, so they have to go through it" as one standard excuse for why hazing should be allowed). Since 1970, there has been at least one hazing related death a year on a college campus. Wrongs of Passage, supra. From the 1980's-2000, the average number of hazing related deaths increased from five and one half to eighteen a year. Sterner, supra.

10 Stephen Dominy, Jeff Gardner, Michelle Robinson, Hazing: A View From All Angles 3 (Dec. 3, 2010) (unpublished, Florida State University) (on file with author), available at http://webcache.googleusercontent.com/search?q=cache:dZrobAcwHwJ:mrobinsonfsu.files.wordpress.com/2012/04/history-ofhazing.docx+Hazing:+A+View+from+AII+Angles+Stephen+Dominy&cd=l&hl=en&ct=clnk&gl=us&client =safar; Sterner, supra note 9, at 3; see also Wrongs of Passage, supra note 9, at 92 (comparing the way the young boys in the school acted to the way a "ferocious beast" acted).

11 Erica Blackburn, Couple Launches Antihaze Hotline to Prevent Tragic Deaths, empower (July, 11 2012), http://www.empowermagazine.com/couple-launches-antihaze-hotline-to-prevent-tragic-deaths/.

12 Chad W. Ellsworth, Definitions of Hazing: Differences Among Selected Student Organizations 11-12 (2004) (unpublished A.M. thesis, University of Maryland) (on file with University of Maryland), available at http://drum.lib.umd.edU/bitstream/1903/1577/l/umi-umd-1647.pdf [hereinafter Definitions in Hazing]; Sterner, supra note 9, at 4. Older students would make first year students demonstrate "animal like submissions." Definitions in Hazing, supra. First year students were also hit with wooden objects or subjected to fagging. Id. at 12. Fagging occurs when an older student treats a younger student like a servant. Id.

13 Hank Nuwer, Broken Pledges: The Deadly Rite of Hazing 117 (1990).

14 Id.) see generally School Fagging, The Spectator Archive (Oct. 10, 1891), http://archive.spectator.co.uk/article/10th-october-1891/28/school-fagging (defining fagging as a "right exercised by the older boy to make the younger do what he likes, and what the younger one generally dislikes.").

Footnote

15 Sterner, supra note 9, at 4.

16 Id.

17 Id. One of the first jobs for the President of Harvard at that time was to punish a member of a literary society "for pinning the coattail of the boy who sat before him to the se[at]." Id.

18 See generally id. at 6 (explaining that as fraternities began to compete with one another for new students, they created rituals and myths of memberships as a way to compete for students' loyalty).

19 Id. at 6-7.

20 See, e.g., The American Heritage College Dictionary 1069 (4th ed. 2002) (defining pledge as "a person about to join a fraternity, sorority, or similar organization"); see also Merriam-Webster's Collegiate Dictionary 952 (11th ed. 2009) (defining pledge as "a promise to join a fraternity, sorority, or secret society"); Katie Lambert, How Sororities Work, How Stuff Works, http://people.howstuffworks.com/sorority3.htm (last visited Nov. 23, 2015) (explaining a potential new member becomes a pledge once she accepts a bid from a sorority).

21 Sterner, supra note 9, at 7.

22Hazing Kills Freshman, N.Y. Times, Sept. 13, 1912, http://query.nytimes.com/mem/archivefree/pdf?res=F10B12F6395813738DDDAD0994D1405B828DFlD3.

23 Sterner, supra note 9, at 9.

24 Student Will Be Remembered, The Ledger, Nov. 17, 1974, at 7B, available at http://news, google.com/newspapers7n id=1346&dat=19741117&id=AI4sAAAAIBAJ8isj id =APsDAAAAIBAJ &pg=7285,5311820; see also Wrongs of Passage, supra note 9, at 244 (listing school related deaths and the cause of each death from 1838 to the present day); Sterner, supra note 9, at 10.

25 Student Will Be Remembered, supra note 24.

Footnote

26 See generally Linea Austin, Family sues sorority over death of AKA pledge, The Final Call, Oct. 2002, available at http://www.finalcall.com/artman/publish/NationaLNews_2/family_sues_sorority_over_death.shtmi (reporting that a student's death was not labeled as "hazing" because the university claimed it suspended the sorority that the student was pledging two years before this incident occurred and sisters of the sorority denied any wrongdoing); The Hazing Reader, supra note 5. Hank Nuwer created a list of school related deaths and the cause of each death from 1838 to the present day. The Hazing Reader, supra. Of all the deaths that were listed in relation to a sorority activity, none of the activities was charged as "hazing." Id. Instead, each death was labeled as either "non-hazing related" or ruled an accident. Id.

27 U.C. Berkeley Y.B., 79 (1996) (describing a pledge sneak as an activity in which a pledge class kidnaps active members of the organization and takes them to a hidden place); see also The Hazing Reader, supra note 5 (describing a pledge sneak as "events in which pledges kidnap members"); Wrongs of Passage, supra note 9, at 154.

28 Jillian Duchnowski, Lawsuit Includes New Details of Pledges Hazing Death, Daily Chron. (Sept. 12, 2013), http://www.daily-chronicle.com/mobile/article.xml/articles/2013/08/14/7c791d2e7c04471f91 d559f349e85c21/index.xml.

29 Yost v. Wabash College, 3 N.E. 3d 509 (Ind. 2014).

Footnote

30 See Elizabeth J. Allan & Mary Madden, Hazing in View: College Students at Risk 14 (2008), http://umaine.edu/hazingresearch/files/2012/10/hazingjn_view_webl.pdf.

31 Id. at 16.

32 The Oxford Dictionary and Thesaurus 674 (Am. ed. 1996); see also Merriam-Webster's Collegiate Dictionary, supra note 20, at 572 (defining haze as "to harass by exacting unnecessary or disagreeable work; to harass by banter, ridicule, or criticism" and "to haze by way of initiation"); The American Heritage College Dictionary, supra note 20, at 636 (defining haze as "to persecute or harass with meaningless, difficult, or humiliating tasks" and "to initiate, as into a college fraternity, by exacting humiliating performances from or playing rough practical jokes upon"); Hazing Defined, StopHazing.org (last visited Nov. 23, 2015), http://www.stophazing.org/definition.html (defining hazing as "any activity expected of someone joining a group (or to maintain full status in a group) that humiliates, degrades or risks emotional and/or physical harm, regardless of the person's willingness to participate.").

33 In re Khalil H., 80 A.D.3d 83, 85 (N.Y. App. Div. 2010) (citing People ex reí Taylor v. Forbes, 143 N.Y. 219, 224 (1894)). On February 20, 1894, sophomores at Cornell University released chlorine gas into a banquet hall where the freshmen class was having its annual banquet. Id. As a result of this incident, some of the freshmen were injured, and one cook died. Id. One week later, Senator Henry J. Coggeshell proposed legislation that would criminalize hazing by college students and the bill was passed in 1894. Id.

34 In re KhalilH., 80 A.D.3d at 86 (quoting N.Y. Penal Law § 1030 (1894)) (current version at N.Y. Penal Law § 120.16, 120.17 (Consol. 2001)).

35 See generally Appendix A.

Footnote

36See Hayley Beitman, Next Wave: Anti-Hazing Laws, The New Bullying (Apr. 6, 2012), http://news.jrn.msu.edu/builying/2012/04/06/united-states-hazing-laws/ (recognizing that states have different definitions of hazing and there are different ways that states address violations of anti-hazing laws); Jacinda Boucher, Hazing and Higher Education: State Laws, Liability, and Institutional Implications, StopHazing.org (Nov. 18, 2014), http://www.stophazing.org/devtheory_files/devtheory7.htm (explaining most states charge hazing as a misdemeanor with a fine ranging anywhere between $100 and $5,000). See generally Appendix B.

37 Appendix C.

38 See Appendix D. See generally Eric Swedlund, Senate pane! kills anti-hazing legislation, The Arizona Daily, http://wc.arizona.edu/papers/94/101/01_2_m.html (last visited Nov. 23, 2015). In February 2001, the Senate Education Committee voted down 7 to 1 a proposed bill that classified hazing as a felony. Swedlund, supra. The Committee stated that state government should allow schools to make their own hazing policies. Id. One committee member stated she was reluctant to vote for the bill because she did not want young people to be classified as criminals for the rest of their lives. Id.

39 See Ark. Code Ann. § 6-5-201(a) (West 2014); Cal. Penal Code § 245.6(b) (Deering 2014); Ga. Code Ann. § 16-5-61(a)(l) (West 2014); Idaho Code Ann. § 18-917(2)-(3) (West 2014); 720 III. Comp. Stat. Ann. 5/12C-50(a) (LexisNexis 2014); Iowa Code Ann. § 708.10 (West 2014); Kan. Stat. Ann. § 215418 (2014); La. Rev. Stat. Ann. § 17:1801 (2014); Md. Code Ann., Crim. Law § 3-607 (West 2014); Mich. Comp. Laws Ann. § 750.411t(7)(b) (West 2014); Miss. Code Ann. § 97-3-105(1) (West 2014); Miss. Code Ann. § 97-3-105(3); Nev. Rev. Stat. Ann. § 200.605(4) (West 2014); NJ. Stat. Ann. § 2C40-3 (West 2014); N.Y. Penal Law § 120.16 (McKinney 2014); N.Y. Penal Law § 120.17; N.C. Gen. Stat. Ann. § 14-35 (West 2014); N.D. Cent. Code Ann. § 12.1-17-10 (West 2014); Or. Rev. Stat. Ann. § 163.197(4)(a) (West 2014); S.C. Code Ann. § 59-101-200(A)(4) (2014); Wis. Stat. Ann. § 948.51 (2014).

40 See Ala. Code § 16-l-23(a) (2014); Ariz. Rev. Stat. Ann. § 15-2301(C)(2) (2014); Del. Code Ann. tit. 14, § 9302 (West 2014); F ya. Stat. Ann. § 1006.63(1) (West 2014); Ky. Rev. Stat. Ann. § 164.375(1) (West 2014); Me. Rev. Stat. Ann. tit. 20-A, § 6553 (2014); Mass. Gen. Laws Ann. ch. 269, § 17 (West 2014); Mo. Ann. Stat. § 578.360(2) (West 2014); Neb. Rev. Stat. Ann. § 28-311.06(l)(a) (West 2014); N.H. Rev. Stat. Ann. § 631:7 (2014); Ohio Rev. Code Ann. § 2903.31(A) (West 2014); Okla. Stat. tit. 21, § 1190(F)(1) (2014); 24 Pa. Cons. Stat. Ann. § 5352 (West 2014); R.I. Gen. Uws Ann. § 11-211(b) (West 2014); Tenn. Code Ann. § 49-7-123(a)(1) (West 2014); Tex. Educ. Code Ann. § 37.151(6) (West 2014); Utah Code Ann. § 76-5-107.5(1) (West 2014); Vr. Stat. Ann. tit. 16, § ll(a)(30) (West 2014); Wash. Rev. Code Ann. § 28B. 10.900 (West 2014); W. Va. Code Ann. § 18-16-2 (West 2014); see also Beitman, supra note 36; Definitions in Hazing, supra note 12, at 4.

41 Mark Holmberg, Hazing Expert Says Laws Must be Stiffened to Slow Down Deaths, Injuries, WTVR (Apr. 26, 2013, 12:19 AM), http://wtvr.com/2013/04/26/hazing-expert-says-laws-must-be- stiffened-to-slow-down-deaths-injuries/. Two students from Virginia State University drowned after attempting to cross a river as part of an initiation ceremony to become a member of the Men of Honor Society. Id.

Footnote

42 U.S. Const, art. I, § 8, cl. 1; Buckley Amendment, Pub. L. No. 93-380, 88 Stat. 484 (1974) (current version at 20 U.S.C. § 1232g (2014)).

43 Legislative History of Major FERPA Provisions, U.S. Dep't of Educ., http://www2.ed.gov/policy/gen/guid/fpco/ferpa/leg-history.html.

44 Susan J. Curry, Hazing and the "Rush" Toward Reform: Responses from Universities, Fraternities, State Legislatures, and the Courts, 16 J.C. & U.L. 93, 117 (1989); Ethan M. Rosenzweig, Please Don't Tell: The Question of Confidentiality in Student Disciplinary Records under FERPA and the Crime Awareness and Campus Security Act, 51 Emory L.J. 447, 454 (2002).

45 Student Right-To-Know and Campus Security Act, Pub. L. No. 101-542, 104 Stat. 2381 (1990) (current version at 20 U.S.C. § 1092(f) (2013); see also Rosenzweig, supra note 44, at 455 (quoting H.R. Rep. No. 101-518, at 7 (1990), reprinted in 1990 U.S.C.C.A.N. 3363, 3369) (explaining the Clery Act was enacted to "dispel the myth that crimes do not occur on [college] campuses"). The Act is now called the "Institutional and Financial Assistance Information for Students Act." 20 U.S.C. § 1092.

46 Clery Center for Security On Campus, http://clerycenter.org/our-history (last visited Nov. 23, 2015).

47 Id.

48 See Jamie Ball, This Will Go Down on Your Permanent Record (But We'll Never Tell): How the Federal Educational Rights and Privacy Act May Help Colleges and Universities Keep Hazing a Secret, 33 Sw, U. L. Rev. 477, 478 (2004). See generally 20 U.S.C. § 1232g(b). The statute states that any institution of higher education that discloses educational records to a third party without that student's consent will not receive any funds. 20 U.S.C. § 1232g(b).

Footnote

49 Ball, supra note 48.

50 Ball, supra note 48; see also 20 U.S.C. § 1232g(a)(4)(A) (defining an educational record as files, documents, and other materials containing information directly related to the student and are maintained by the institution, or an agent of the institution).

51 Benjamin F. Sid bury, The Disclosure of Campus Crime: How Colleges and Universities Continue to Hide Behind the 1998 Amendment to FERPA and How Congress Can Eliminate the Loophole, 26 J.C. 8i U.L. 755, 765 (1999-2000).

52 Volume 1: Data Collection Guidelines, Dep't of Justice 34 (2000), http://www2.fbi.gov/ucr/nibrs/manuals/vlall.pdf (defining nonforcible sex offense as "[ujnlawful, nonforcible sexual intercourse," including incest and statutory rape); Sid bury, supra note 51, at 765; see 20 U.S.C. § 1232g (b)(6)(B) (2013).

53 20 U.S.C. § 1232g (b)(6)(C). Final Results include "the name of the student, the violation committed, and any sanction imposed by the institution on that student." Id.

54 20 U.S.C. § 1232g (b)(6)(B); Sidbury, supra note 51, at 766.

55 Id. at 767; see Maureen P. Rada, The Buckley Conspiracy: How Congress Authorized the Cover-Up of Campus Crime and How It Can Be Undone, 59 Ohio Sr. LJ. 1799, 1802 (1998).

56 Rosenzweig, supra note 44. See generally Ball, supra note 48 (explaining that providing misinformation about crime statistics on university campuses can be especially dangerous for incoming students attracted to joining a Greek-lettered organization because they may not realize the possible consequences).

Footnote

57 Allan & Madden, supra note 30, at 2.

58 Sid bury, supra note 51, at 767; see Rada, supra note 55.

59 Association of Fraternity/Sorority Advisors, http://www.afal976.org/ (last visited Nov. 23, 2015); Fraternal Government Relations Coalition, http://www.fgrc.com/ (last visited Nov. 23, 2015).

50 20 U.S.C. § 1091 (2014); Blake Seitz, Hazing Hallucinations, National Review Online (Aug. 7, 2013), http://www.nationalreview.com/article/355222/hazing-hallucinations-blake-seitz.

61 20 U.S.C. § 109l(r).

62 H.R. 1207; see also Brian Perry, The Clery Act, in Hazing on Campus 26, 28 (Association of Fraternity Advisors, Issues in Focus, 2005), available at http://web.centre.edu/schutts/Hazing_on_Campus.pdf.

63 See H.R. 1207. See generally Seitz, supra note 60 (suggesting that under H.R. 1207, everyone would be guilty of hazing at some point because the bill describes hazing as encompassing anything ranging from cruelty to just doing something to make someone like you). H.R. 1207 defines hazing as

[A]ny assumption of authority by a student whereby another student suffers or is exposed to any cruelty, intimidation, humiliation, embarrassment, hardship, or oppression, or is required to per- form exercises to excess, to become sleep deprived, to commit dangerous activities, to curry favor from those in power, to submit to physical assaults, to consume offensive foods or alcohol, or the threat of bodily harm or death, or the deprivation or abridgement of any right.

Footnote

H.R. 1207.

64 See H.R. 1207.

55 See Glovin, supra note 7.

66 John Schwartz, Drum Major's Death Ruled Hazing Homicide, N.Y. Times, Dec. 17, 2011, http://www.nytimes.com/2011/12/17/us/drum-major-robert-charnpions-death-ruled-hazinghomicide.html. Robert Champion, a member of the FAMU marching band, collapsed on a bus while in Orlando for a football game. Id. He died from multiple blunt force trauma to his body associated with a hazing activity. Id.

67 Congresswoman Wilson Meets with National and International Presidents of Greek Organizations on Capitol Hill to Discuss Ways to Combat Hazing and to Discuss Her Anti-Hazing Legislation, Congresswoman Frederica Wilson (Sept. 18, 2012), http://wilson.house.gov/mediacenter/press-releases/congresswoman-wilson-meets-with-national-and-international-presidents-of [hereinafter Capitol Hid1; see also Glovin, supra note 7.

68 Capitol Hill, supra note 67; see also Glovin, supra note 7; Rebecca Catalanello, Lawsuit: Fraternity hazing killed former Wharton golf standout, Tampa Bay Times, July 31, 2009, http://www.tampabay.com/news/publicsafety/lawsuit-fraternity-hazing-killed-former-wharton-golfstandout/1023803. Harrison Kowiak and another boy pledging Theta Chi Fraternity at Lenoir-Rhyne University were brought to a field and told they had to get the "sacred fraternity rocks." Catalenello, supra. While attempting to retrieve the rocks, brothers of the fraternity dressed in black would push and tackle the boys. Id. Kowiak was brought to the hospital after he could no longer stand up on his own and began to suffer seizures. Id. Kowiak died the following day from blunt force trauma to his head. Id.

69 See Tyler Kingkade, FratPAC Lobbies Congress For Tax Breaks, To Stop Anti-Hazing Law, Huff Post College, July 25, 2013, http://www.huffingtonpost.com/2013/07/25/fratpac-fraternitylobby_n_3653692.html.

70 Dr. Gentry McCreary, FratPAC and Hazing at the Federal Level, Doctor Gentry's Blog (Aug. 6, 2013, 7:04 AM), http://doctorgentry.blogspot.com/ [hereinafter FratPAQ.

Footnote

71 Congresswoman Wilson Announces Framework for Anti-Hazing Legislation, Congresswoman Frederica Wilson (May 31, 2012), http://wilson.house.gov/media-center/press~releases/congresswomanwilson-announces-framework-for-anti-hazing-legislation [hereinafter Framework for Anti-Hazing Legislation]. See generally Deborah L. Cohen, Clearing Up Hazing: Opponents Are Pushing for Stricter Laws, ABA Journal, (Oct. 1, 2012), http://www.abajournal.com/magazine/article/clearing_up_hazing_opponents_are_pushing_for_stricter_la ws/ (stating that the Advisory Committee proposed by Wilson would consist of "the attorney general, the secretary of education, the secretary of health and human services, and other officials of federal agencies").

72 See Glovin, supra note 7. Wilson first declared that she would be proposing an anti-hazing federal regulation in January 2012. Id. When she missed this deadline, she promised to have a bill proposed by the following May, and then again in September. Id. Lianne Kowiak and others have attempted to contact Wilson to find out when a bill will be proposed, but none of their phone calls have been returned. Id.

73 About Us, Fraternity and Sorority Political Action Committee, http://www.fspac.org/about/ (last visited Nov. 23, 2015).

74 FSPAC Response to Biased Bloomberg Coverage of Our Work in Washington, Fraternity and Sorority Political Action Committee, http://www.fspac.org/news/fspac_response/ (last visited Nov. 23, 2015) [hereinafter FSPAC Response]; Glovin, supra note 7. The FSPAC believes there are important hurdles that need to be overcome before a passable anti-hazing legislation can be proposed. FSPAC Response, supra. However, FSPAC never states what these hurdles may be, nor does it offer guidance for overcoming these hurdles. Id. Wilson claims "fraternities didn't block [her bill]" and she was holding off on proposing her bill because there were "hiccups" related to her proposal's penalties. Glovin, supra. She also claims she will propose her solution after the Champion case is resolved. Id. Some political reports insinuate there is no coincidence between Wilson's decision to delay submission of her proposed legislation to committee and her decision in April 2012 to become a co-sponsor of the FSPAC's bill giving fraternities a tax break to renovate Greek housing. Id.

75 See FratPAC, supra note 70.

76 To prohibit students who have been convicted of a criminal hazing offense under State law from receiving assistance under title IV of the Higher Education Act of 1965, H.R. 3898, 113th Cong. (2014); David Glovin & John Hechinger, Fraternities Back Proposai Denying Federa! Aid to Student Hazers, Bloomberg (February 7, 2014), http://www.bloomberg.com/news/2014-02-07/fraternities-backproposal-denyi ng-federal-aid-to-student-hazers.html.

Footnote

77 H.R. 3898.

78 See generally H.R. 3898 (proposing that a student convicted under a state's hazing law be ineligible to receive federal aid, but does not define hazing).

79 Glovin, supra note 7.

80 Glovin, supra note 7; National Association For Equal Opportunity In Higher Education, http://www.nafeo.org/community/index.php (last visited Nov. 23, 2015).

81 Kimbrough, supra note 9.

82 David Glovin 8i John Hechinger, Deadliest Frat's Icy 'Torture of Pledges Evokes Tarantino Films, Bloomberg (December 30, 2013), http://www.bloomberg.com/news/2013-12-30/deadliest-frat-s-icytorture-of-pledges-evokes-tarantino-films.html.

83 Sigma Alpha Epsilon Announces Historic Change for Membership Experience, Sigma Alpha Epsilon, https://www.sae.net/home/pages/news/news-news-from-hq-historic-change-on-founders-day (last visited Nov. 23, 2015).

84 Id.

Footnote

85 See generally 20 U.S.C.A. § 1091(r) (West 2013). A person found convicted of a drug related offense will lose any type of financial aid for one to two years or indefinitely. Id. How long a person will lose his or her financial aid depends on if this is the person's first offense or not. Id. It also depends on whether the charge is for drug possession or selling. Id.

86 U.S. const, amend. X.

87 See generally 42 U.S.C. §§ 651- 665 (2014) (mandating states to (1) require employers to withhold child support from pay checks; (2) provide for liens and other punishments such as suspension of driver's licenses against defaulting child support obligors; and (3) intercept income tax refunds for past due support).

88 South Dakota v. Dole, 483 U.S. 203, 212 (1987).

89 Dole, 483 U.S. at 211. The Court found this law was not coercive because if South Dakota opted not to implement a law making the minimum drinking age twenty-one, it would lose only five percent of it's transportation funds. Id.

90 See Framework for Anti-Hazing Legislation, supra note 71.

91 See id.

Footnote

92 See generally Students, ACLU Sue To Overturn Higher Education Loan Ban, Common Sense for Drug Policy, http://www.csdp.org/news/news/heareform.htm (last visited Nov. 23, 2015) (quoting an attorney that said the law "singles out working-class Americans").

93 Id.

94 20 U.S.C.A. § 1070a(b)(6) (West 2013).

95 See generally 20 U.S.C.A. § 1091(r) (mandating that financial aid could be restricted for persons convicted of drug related offenses); 20 U.S.C.A. § 1070a(b)(6) (mandating that persons convicted of forcible or nonforcible sex offenses lose their Federal Pell Grant indefinitely).

96 See generally 20 U.S.C.A. § 1070a(b)(6) (finding persons convicted of a sex offense ineligible to ever receive a Federal Pell Grant).

97 See generally 20 U.S.C.A. § 1091(r) (finding persons convicted of drug related offenses ineligible to receive financial aid for a defined period of time).

98 See20 U.S.C.A. § 1011i(a) (West 2013).

99 See20 U.S.C.A. § 1161w(a)(2) (West 2013).

100 See Family Educational Rights and Privacy Act (FERPA), U.S. Dep't of Educ., http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

101 National Defense Authorization Act for Fiscal Year 2013, Pub. L. No. 112-239, 126 Stat. 1632 (2013); see also 10 U.S. C. § 6964 (2013) (defining hazing as "any unauthorized assumption of authority by a midshipman whereby another midshipman suffers or is exposed to any cruelty, indignity, humiliation, hardship, or oppression, or the deprivation or abridgement of any right.").

102 U.S. Dep't of Army, Reg. 600-20, Army Command Pol'y para. 4-19 (6 Nov. 2014), available at http://www.apd.army.mil/pdffiles/r600_20.pdf. The Army Command Policy defines hazing as "any conduct whereby a Servicemember or members regardless of service, rank, or position, and without proper authority, recklessly or intentionally causes a Servicemember to suffer or be exposed to any activity that is cruel, abusive, humiliating, oppressive, demeaning, or harmful." Id. The policy lists activities that are considered hazing, as well as activities that are not considered hazing "[w]hen authorized by the chain of command and/or operationally required." Id. The policy also states the scope of hazing and does not allow consent as a defense to a charge of hazing. Id.

Footnote

103 See id.) What is Hazing?, U. of Mich., http://deanofstudents.umich.edu/article/what-hazing.

104 See Fraternity and Sorority Advisory Council Anti-Hazing Sub-Committee Guidelines, Cornell Univ. (Apr. 2004), http://cornellmglc.com/hazing-prevention (labeling activities that may occur during initiation processes as either "acceptable" or "unacceptable").

105 See H.R. 1207.

106 See Yost, 3 N.E. 3d 509.

107 See Greek Social Policy, W. Va. Univ., available at http://studentactivities.wvu.edU/r/download/198026 (establishing policies Greek organizations must follow when engaging in on-campus or off-campus events such as registering an event with the school by filling out a form); Chapter Advisors, Sigma Nu Fraternity, Inc., available at https://www.sigmanu.org/documents/chapter_advisor_role.pdf (stating a chapter advisor serves as a liaison between the local chapter and national headquarters).

108 See infra note 100 and accompanying text. See generally Isabel Mascarenas, Florida's antihazing law among toughest nationwide, 10 News (May 3, 2021 7:06 PM), http://www.wtsp.com/news/local/story.aspx7storyid=253824 (reporting that Florida has one of the strictest anti-hazing laws in the nation).

109 Hazing Law and FAQ, Center for Campus Life, http://www.depts.ttu.edu/centerforcampuslife/ download s/Hazi ngLaw.pdf.

Footnote

110 Tim Evans, National fraternity groups excused from hazing lawsuits, INDYStar (June 17, 2014, 5:14 PM), http://www.indystar.com/story/news/education/2014/06/17/national-fraternity-groupsexcused-hazing-lawsuits/10697223/.

111 See Ibram H. Rogers, Commentary: The End of Hazing, Diverse Issues in Higher Education, Jan. 3, 2012, http://diverseeducation.eom/artide/16735/#. Greek letter organization claim to be brotherhoods and sisterhoods, so they should be treated like that in the law. Id. Therefore, holding an entire chapter liable for any hazing incident will create an internal system of checks and balances. Id. An internal checks and balances system will be more effective than requiring external checks and balances because members follow a code of secrecy that keeps them from reporting incidents. Id.

112 See generally 18 U.S.C.A. § 3553(a) (West 2013) (identifying factors that a court can consider when determining what sentence to impose); 18 U.S.C.A. § 3572(a) (West 2013) (including factors that a court should consider when determining the amount of fine to be imposed).

113 See generally Lindsay E. Raber, In Light of Varying State Anti-Hazing Laws, Is the "Halting Hazing Act of 2012" the Solution?, Maya/Murphy Attorneys at Law (Oct. 1, 2012), http://www.mayalaw.com/in-light-of-varying-state-anti-hazing-laws-is-the-halting-hazing-act-of-2012-thesolution/ (stating that in Connecticut, a defendant cannot claim that a victim voluntary participated in a hazing activity as a defense).

114 See20 U.S.C.A. § 109l(r).

115 20 U.S.C.A. § 1070a(b)(6) (West 2013).

116 See generally 20 U.S.C.A. § 109l(r) (mandating that financial aid could be restricted for persons convicted of drug related offenses); 20 U.S.C.A. § 1070a(b)(6) (mandating that persons convicted of forcible or nonforcible sex offenses lose their Federal Pell Grant indefinitely).

117 See generally 20 U.S.C.A. § 1070a(b)(6) (finding persons convicted of a sex offense ineligible to ever receive a Federal Pell Grant).

118 See generally 20 U.S.C.A. § 1091(r) (finding persons convicted of drug related offenses ineligible to receive financial aid for a defined period of time).

Footnote

119 See20 U.S.C.A. § 1011i(a) (West 2013).

120 See 20 U.S.C.A. § 1011i(a); The Harry Lew Military Hazing Accountability and Prevention Act of 2012, U.S. Congresswoman Judy Chu (Dec. 20, 2012), http://chu.house.gov/issue/military-hazing [hereinafter Judy Chu] (proposing a study be conducted evaluating the military's prevention and training policies); Definitions in Hazing, supra note 12, at 4 (determining that, based on the results of the author's own study, it would be helpful to examine the amount and impact of anti-hazing educational programs provided in student organizations).

121 See20 U.S.C.A. § 1161w(a)(2) (West 2013).

122 See generally Comm, on Ways and Means, SECTION 8-CHILD SUPPORT ENFORCEMENT PROGRAM (Comm. Print 2003). The Committee on Ways and Means required uniform application of child support guidelines throughout a state and reporting and review requirements. Id. at 7.

123 20 U.S.C. § 1092(f). See generally Judy Chu, supra note 120 (proposing a national database that tracks hazing incidents in the military be created). The current version of the Clery Act includes a list of nine criminal offenses that a university is required to report to authorities. 20 U.S.C. § 1092(f)(l)(F)(i). This list includes murder, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, manslaughter, arson, and arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession. Id.

124 20 U.S.C. § 1092(f). See generally The Harry Lew Military Hazing Accountability and Prevention Act of 2012, U.S. Congresswoman Judy Chu (Dec. 20, 2012), http://chu.house.gov/issue/military-hazing [hereinafter Judy Chu] (proposing a national database that tracks hazing incidents in the military be created). The current version of the Clery Act includes a list of nine criminal offenses that a university is required to report to authorities. 20 U.S.C. § 1092(f)(l)(F)(i). This list includes murder, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, manslaughter, arson, and arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession. Id.

125 See Donna Gordon Blankinship, Universities Looking to Fédérai Gov't for Funds, Huffington Post (June 17, 2012, 5:12 AM), http://www.huffingtonpost.eom/2010/04/17/universities-looking-tof_n_541587.html.

126 Judy Chu, supra note 120.

Footnote

127 Reginald Stuart, Colleges, Universities Initiating National Movement Against Hazing, Diverse Issues in Higher Education, Oct. 10, 2013, http://diverseeducation.com/article/56611/. Hazing occurs on public and private campuses across the nation regardless of a person's racial or ethnic background. Id.

128 See generally State Anti-Hazing Laws, StopHazing.org (last visited Nov. 23, 2015), http://www.stophazing.org/laws.html (listing all forty-four state anti-hazing laws).

129 Beitman, supra note 36.

130 See generally Allan & Madden, supra note 30 (finding that the majority of students who experienced hazing did not consider the experience to be hazing).

131 See generally Chad William Ellsworth, Learning Opportunities: Understanding Students' Definitions of Hazing, in Hazing on Campus 75, 78 (Association of Fraternity Advisors, Issues in Focus, 2005), available at http://web.centre.edu/schutts/Hazing_on_Campus.pdf [hereinafter Understanding Students' Definitions of Hazing\ (discussing significant differences between men and women when identifying what constitutes hazing).

132 See generally Allan & Madden, supra note 30 at 28, 30 (finding that many students did not report incidents of hazing because they did not know it was hazing or did not realize it was hazing until much later after the incident occurred).

133 See Understanding Students' Definitions of Hazing, supra note 131, at 75.

Footnote

134 Rogers, supra note 111.

135 See generally South Dakota v. Dole, 483 U.S. 203 (1987) (finding that withholding funds that only made up five percent of a state's obtainable funds from states that did not enact a law was encouraging, not coercive).

136 See generally FratPAC, supra note 70 (stating that anyone interested in finding a way to prevent hazing should be open to any opportunity that may help to reach this goal).

137 See generally Hazing's Perfect Storm, supra note 2 (asking what other types of organizations allow older members to have absolute power over their younger members).

References

To Cite this Article

Alvarez, D. (2015, Summer). Death by hazing: Should there be a federal law against fraternity and sorority hazing? Journal of Multidisciplinary Research, 7(2), 43'75.