Interim Policy 2406: Hazing

Category: Community Expectations
Subcategory: Safety & Risk Management
Covered Individuals: Faculty, Staff, Students, and Campus Visitors
Responsible Executive: Executive Vice President and Chief Operating Officer
Policy Custodian: Public Safety, Executive Director of Public Safety and Chief of University Police Department
Last Revised: 2025/06/12
Previous USU Policy Number: N/A
Download the PDF File for Policy 2406

2406.1 PURPOSE AND SCOPE

The purpose of this Policy is to prohibit Hazing in all forms, ensure compliance with the Stop Campus Hazing Act Amendments to the Clery Act and other state and federal laws, and promote a safe and respectful campus environment.

2406.2 POLICY

Utah State University (USU) is committed to providing a safe and healthy campus environment for its students, faculty, staff, and campus visitors.  USU promotes compliance with federal and state laws and fosters a respectful and welcoming environment on its campuses and in its programs and activities.  As a result, USU strictly prohibits all forms of Hazing.

Hazing is prohibited in any form, both on and off campus, and within Student Organizations, or as an advisor, volunteer, staff, faculty, or an individual otherwise affiliated within the University community.

2.1 Hazing

2.1.1 Hazing is Strictly Prohibited

Criminal and Non-Criminal forms of Hazing (collectively referred to as Hazing), both on and off-campus, are concurrently enforced and strictly prohibited at USU. The Office of Student Conduct and Community Standards (Student Conduct) will enforce Non-Criminal Hazing involving students, while the Office of Human Resources (HR) will enforce Non-Criminal Hazing involving USU employees or volunteers.  USU’s Police Department (USUPD), or the local law enforcement agency with appropriate jurisdiction, will enforce Criminal Hazing.  In the event that both Criminal and Non-Criminal Hazing have occurred, Student Conduct, and/or HR, and USUPD will cooperate appropriately to enforce USU’s prohibitions on Hazing.

2.1.2 Non-Criminal Hazing

Under this Policy, Non-Criminal Hazing means any intentional, knowing, or reckless act committed by a person or persons against another person or persons, regardless of the willingness of such other person or persons to participate in such act, that:

  1. is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in a Student Organization; and
  2. causes or creates a risk, above the reasonable risk encountered in the course of participation at USU or the Student Organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury, including—
    1. whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
    2. causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
    3. causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
    4. causing, coercing, or otherwise inducing another person to perform sexual acts;
    5. any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
    6. any activity against another person that includes a criminal violation of local, state, tribal, or federal law; or
    7. 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.

2.1.3 Criminal Hazing

In addition to Section 2.1.2, Hazing is also defined and prohibited under Utah law. The Utah criminal definition of Hazing (Utah Code Section 76-5-107.5) is different from this Policy, but, nevertheless, is also prohibited.

2.2 Reporting Hazing

2.2.1 Campus Security Authorities are Required to Report Hazing

Pursuant to the Stop Campus Hazing Act Amendments to the Clery Act, all USU Campus Security Authorities (CSAs) are required to report any incidents of Criminal Hazing and Non-Criminal Hazing by filing a Campus Security Authority Crime Report Form.

2.2.2 Reporting Allegations fo Non-Criminal Hazing by Students

Any person having knowledge of any activity or conduct that may constitute Non-Criminal Hazing by students can report the activity or conduct to Student Conduct. To report, an individual can fill out a General Student Misconduct Report accessible here.

2.2.3 Reporting Allegations of Non-Criminal Hazing by USU Employees or Volunteers

Any person having knowledge of any activity or conduct that may constitute Non-Criminal Hazing by USU employees or volunteers can report the activity or conduct to HR.  To report, an individual can contact HR’s Employee Relations via email or telephone.

2.2.4 Reporting Allegations of Criminal Hazing

Any person having knowledge of an activity or conduct which may constitute Criminal Hazing that occurred on USU property or within a USU program or activity can report to USUPD.  For emergencies, dial 9-1-1 immediately.  For non-emergencies, contact 435-797-1939.

For Criminal Hazing that occurs off USU property or outside of USU programs or activities, for emergencies, dial 9-1-1 immediately.  For non-emergencies, contact local law enforcement.

2.3 Investigation of Hazing

2.3.1 Criminal Allegations of Hazing

  1. USUPD and local law enforcement are responsible for investigating reports of Criminal Hazing under Utah Code Section 76-5-107.5. USUPD screens all charging decisions with the prosecuting attorney or agency in whose jurisdiction the offense occurred. USUPD also collaborates and shares information with other University entities in their investigations as well.
  2. If allegations of Criminal Hazing involve allegations of Sexual Misconduct under Interim USU Policy 2102: Title IX Sexual Misconduct in an Employment or Education Program or Activity or Interim USU Policy 2103: Non-Title IX Sexual Misconduct, USUPD will refer the allegations of Sexual Misconduct to the Civil Rights & Title IX Office for review.
  3. If allegations of Hazing do not amount to Criminal Hazing and do not involve Sexual Misconduct, USU will refer these allegations to Student Conduct or HR for review under the appropriate USU policies and codes.

2.3.2 Non-Criminal Allegations of Hazing by Students

Student Conduct will investigate reports received for any behavior that may be determined to violate the Student Code of Conduct. These investigations will follow the procedures set forth in Article 5, Section V-5 of the Student Code of Conduct. If allegations may amount to Criminal Hazing, Student Conduct will refer those allegations to USUPD or local law enforcement for review under Utah law.

2.3.3 Non-Criminal Allegations of Hazing by USU Employees or Volunteers

HR will investigate reports received for any USU employee or volunteer behavior that may be determined to violate this Policy or other USU Policies.  These investigations will follow the procedures set forth in USU Policy 3002, Section 3002.2.1.  If allegations may amount to Criminal Hazing, HR will refer those allegations to USUPD or local law enforcement for review under Utah law.

2.4 Adjudication of Hazing

2.4.1 Criminal Hazing

Allegations of Criminal Hazing will be adjudicated in Utah courts under applicable Utah laws and rules.

2.4.2 Non-Criminal Hazing by Students

Allegations of Non-Criminal Hazing by students in violation of this Policy will be adjudicated by Student Conduct consistent with Article V, Section 5 and Article 8, Section VIII of the Student Code.

2.4.3 Non-Criminal Hazing by Employees or Volunteers

Allegations of Non-Criminal Hazing by USU Employees or Volunteers in violation of this Policy will be adjudicated and follow the process outlined within USU Policy 3002, Section 3002.2.1.

2.5 Sanctions and Appeals

2.5.1 Sanctions

  1. Sanctions for Criminal Hazing. Criminal sentences for criminal Hazing will be set forth by the Judicial System. However, note that under Student Code Article 5, Section V-2, violations of federal, state, or local laws may be adjudicated by Student Conduct. In the event that a student is found guilty of Criminal Hazing by a court of law, Student Conduct may move forward with a penalty for a violation of a confirmed instance of guilt for violating federal, state, or local laws.
  2. Sanctions for Non-Criminal Hazing by Students. USU students and/or Student Organizations found responsible for violating this Policy are subject to sanctions by Student Conduct. The sanctioning of individual members of a student organization in no way precludes the sanctioning of that organization, or the reverse. The process for the imposition of penalties by the Office of Student Conduct follows the process set forth in Article 5, Section V-4, Article 5, Section V-5(H)-(K), and Article 8, Section VIII of the Student Code of Conduct.
  3. Sanctions for Non-Criminal Hazing by USU Employees. USU Employees found responsible for violating this Policy are subject to formal disciplinary action pursuant to USU Policy 3001: Setting Expectations and Managing Performance (non-faculty employees) or USU Policy 4006: Academic Due Process: Sanctions and Hearing Procedures (faculty).  Volunteers found responsible for violating this Policy will be removed from USU programs or activities.

2.5.2 Appeals

    1. Appeals of Criminal Findings. Appeals for findings of guilt for Criminal Hazing can only be appealed through the Utah judicial system.
    2. Appeals of Non-Criminal Findings by Students. Students who have been found responsible for Non-Criminal Hazing under this Policy, or who disagree with the sanction suggested, may appeal the finding or penalty pursuant to the process set forth in Article 8, Section VIII-3 of the Student Code of Conduct.
    3. Appeals for Non-Criminal Finding by Employees. Employees who have been found responsible for Non-Criminal Hazing under this Policy, or who disagree with the sanction suggested, may request an administrative review of the findings pursuant to USU Policy 3002.2.2.

2.6 Amnesty

2.6.1 Amnesty for Students Seeking Medical Attention and Reporting Hazing

Recognizing that students may be reluctant to seek assistance for themselves or someone else for fear of facing disciplinary action from Student Conduct for violations of the USU Student Code, USU grants amnesty for alcohol and drug-related student code violations, in certain circumstances, when seeking help in emergency circumstances. This amnesty procedure is located in Article 2, Section II-4 of the Student Code, and is notably different from amnesty provided by USUPD in similar situations.

2.6.2 Amnesty for Certain Alcohol Consumption Offenses

USUPD’s and local law enforcement’s ability to provide amnesty for alcohol consumption offenses when seeking emergency aid for another is outlined within statute at Utah Code § 32B-4-423.

2.7 Retaliation

Retaliation against another individual for reporting an incident of Hazing, or threatening or intimidating another individual to prevent them from reporting an incident of Hazing, will be investigated and adjudicated pursuant to USU Student Code or USU Policies.

2.8 Privacy

USU will not disclose the identity of any individual involved in a disclosure, report, or resolution process under this Policy, consistent with and except as may be permitted by the Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. 1232 g) or its regulations (34 C.F.R. Part 99), or as required by law, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

2.9 Training and Prevention

USU maintains a commitment to not only address incidents of Hazing that occur, but also to educate its campus community about Hazing and healthy alternatives to prevent this type of harm.

All students, faculty, and staff must complete anti-hazing training upon joining the institution and annually thereafter. USU is responsible for developing and facilitating these annual anti-hazing trainings, and may use appropriate training systems available for delivery of these trainings.

2406.3 RESPONSIBILITIES

3.1 USU Police Department Officers

USUPD is responsible for receiving and investigating allegations of criminal Hazing and collaborating with the prosecuting attorney’s office in the relevant jurisdiction. Additionally, USU PD is responsible for developing and facilitating the annual anti-hazing trainings.

3.2 Office of Student Conduct

Student Conduct is responsible for receiving, investigating, and adjudicating reports of allegations of Non-Criminal Hazing behavior by students.

3.3 Office of Human Resources

HR is responsible for receiving, investigating, and adjudicating reports of allegations of Non-Criminal Hazing behavior by USU Employees or volunteers.

2406.4 REFERENCES

  • The Stop Campus Hazing Act, Pub. L. No. 118-173, 138 Stat. 2597 (2024)
  • Utah Code Section 32B-4-423
  • Utah Code Section 76-5-107.5

2406.5 RELATED USU POLICIES

2406.6 DEFINITIONS

  • Hazing. Means Criminal and Non-Criminal Hazing as outlined within this Policy.
  • Student Organization. Means an organization at an institution of higher education (such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution.

Information below is not included as part of the contents of the official policy. It is provided only as a convenience for readers/users and may be changed at any time by persons authorized by the President, subject to review by the USU Policy Committee.

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POLICY HISTORY

Original issue date: 2025/06/13
Last review date: N/A
Next scheduled review date: 2026/06/01
Previous revision dates: N/A