Code of Virginia

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Code of Virginia
Title 23.1. Institutions of Higher Education; Other Educational and Cultural Institutions
Chapter 8. Health and Campus Safety
10/2/2022

Article 4. Campus Safety; Hazing..

§ 23.1-819. Definitions.

For the purposes of this article, unless the context requires a different meaning:

"Hazing" means the same as that term is defined in § 18.2-56.

"Institution" or "institution of higher education" means any nonprofit private institution of higher education and any public institution of higher education as defined in § 23.1-100.

"Local organization" means a group that is not chartered or recognized by an institution or a national organization but is composed of members who are students at such institution and the institution is aware of the local organization's existence or becomes aware of its existence after a hazing incident is reported to the institution.

"New member" means an individual who has been offered an invitation for membership in a student organization with new members but has not yet been initiated and is not recognized as a full member of the organization.

"New member event" means an official event or gathering hosted by a student organization with new members prior to new members of such organization being initiated into the organization to which all new members and members of the student organization hosting the event are invited or are instructed to attend.

"Potential new member" means an individual who has expressed interest in joining a student organization with new members by signing up to go through a recruitment process for such organization or organizations.

"Student organization recognized by an institution of higher education" means any group or organization on campus, including varsity intercollegiate and club athletic teams, recognized by an institution of higher education.

"Student organization with new members" means a student organization officially recognized by an institution of higher education structured in such a way that upon invitation for membership, individuals do not automatically become members of such organization and have a period of time between invitation for membership and being initiated into membership. "Student organization with new members" does not include any varsity intercollegiate or club athletic team.

2022, cc. 693, 694.

§ 23.1-820. Hazing prevention training; current members, new members, potential new members, and advisors.

Each institution shall provide to each current member, new member, and potential new member of each student organization with new members hazing prevention training that includes extensive, current, and in-person education about hazing, the dangers of hazing, including alcohol intoxication, and hazing laws and institution policies and information explaining that the institution's disciplinary process is not to be considered a substitute for the criminal legal process. If a student organization with new members has an advisor, such advisor shall receive such hazing prevention training.

2022, cc. 693, 694.

§ 23.1-821. Hazing; disciplinary immunity for certain individuals who make reports; requirement to investigate.

A. The governing board of each institution of higher education shall include as part of its policy, code, rules, or set of standards governing hazing a provision for immunity from disciplinary action based on hazing or personal consumption of drugs or alcohol where such disclosure is made by a bystander not involved in such acts in conjunction with a good faith report of an act of hazing in advance of or during an incident of hazing that causes injury or is likely to cause injury to a person.

B. Upon learning of any alleged act of hazing, each institution shall use its disciplinary process to investigate such acts and the students involved in such acts.

C. Nothing in this section shall be construed to prohibit the governing board of any institution from requiring access to services to support individuals who receive disciplinary immunity in accordance with the provisions of subsection A, including (i) counseling specific to alcohol abuse or drug abuse, or both, or (ii) inpatient or outpatient (a) alcohol counseling or treatment programs, (b) drug counseling or treatment programs, or (c) both alcohol and drug counseling or treatment programs.

2022, cc. 693, 694.

§ 23.1-822. Institution reports of hazing violations.

A. Each institution shall maintain and publicly report actual findings of violations of the institution's code of conduct or of federal or state laws pertaining to hazing that are reported to campus authorities or local law enforcement. Investigations that do not result in findings of violations of codes of conduct or convictions in a court of law shall not be included in the report. The report shall include:

1. The name of the student organization recognized by an institution of higher education or local organization, as such name of the local organization is known to the institution;

2. When the student organization recognized by an institution of higher education or local organization was found responsible or convicted of misconduct pertaining to hazing;

3. The date on which such hazing misconduct occurred and the dates that the investigation was initiated and concluded by the institution or local law enforcement; and

4. Subject to the limitations in subsection B, a comprehensive description of the incident, including the findings, charges, and sanctions placed on the organization.

B. Any reports made pursuant to subsection A shall not include any personally identifiable information of any students involved in the hazing misconduct and shall be subject to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.

C. Each institution shall update the report described in subsection A at least 10 calendar days before the start of fall and spring academic semesters.

D. Reports required pursuant to this section shall be available on each institution's homepage and Greek Life homepage, or its equivalent in a prominent location, and a hardcopy notice of the nature and availability of the reports, including the website address where they can be found, shall be provided to all attendees at student orientations.

E. Each institution shall publicly maintain reports for a minimum of 10 years from the date of the initial disclosure of a report.

F. Each institution shall annually update and report actual findings of violations of the institution's code of conduct or of federal or state laws pertaining to hazing made pursuant to this section to the Timothy J. Piazza Center for Fraternity and Sorority Research and Reform at The Pennsylvania State University to update each organization's national card and provide easily accessible documentation of all hazing incidents and provide additional awareness and easily accessible information on hazing.

2022, cc. 693, 694.