Hazing Prevention Policy

East Stroudsburg University of Pennsylvania (the “University”) supports activities that are constructive, educational, and contribute to the intellectual and personal development of its students and other individuals. Therefore, the University prohibits hazing within the University community. Any person participating in, suffering from, or witnessing an act in violation of this policy is encouraged to report the incident in a timely manner. Reports may be made to either ESU Police Department or submitted in writing to the Office of Student Conduct and Community Standards.

Hazing means any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that:

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 in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including:
   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; and,
   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.

Student Organization

For the purpose of the Hazing Prevention Policy, a Student Organization is 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.

Accountability

Hazing is a crime and may result in the imposition of criminal penalties against an individual, an organization and/or the University. In addition, students and organizations are subject to discipline under the Student Code of Conduct, up to and including suspension or expulsion of a student and/or a student organization, depending on the specifics of the incident.

Student Organizations May be Held Accountable:

1. When a violation is committed by one or more officers and/or members of the organization and is supported by the organization’s practices, customs, or traditions;
2. When a violation is authorized, encouraged, or tolerated by one or more officers and/or members of the organization acting on behalf of the organization within the scope of their office or membership;
3. When the organization, through its membership, fails to take action to prevent violations of University policy.

Consent is not a defense to hazing, in a criminal case or under this policy. The sanctioning or approval of conduct constituting hazing by the University is not a defense.

Allegations against University employees who serve as advisers or are otherwise associated with organizations shall be reported to the Office of Human Resources in the event of allegations that they failed to prevent hazing. Allegations against alumni, volunteers and other individuals associated with the University, shall be reported to the University Police Department and/or other appropriate office and may be reported to any applicable national organization and may result in exclusion from future activities on campus.

Student Conduct Process Guidelines for this Policy

If anyone suspects a student or student organization of hazing, that person should call the ESU Police Department or submit a written referral to Student Conduct and Community Standards (“SCCS”) using the electronic reporting system. Students may be held responsible for a hazing violation individually, in addition to the student organization. Student and/or student organization sanctions can include any of the educational sanctions referenced in the ESU Student Code of Conduct.

When a hazing allegation is filed against an organization or representative(s) of the organization, the leader of the organization/team will be the primary contact and voice of the organization. The organization’s faculty and/or alumni advisers, coaches, and governing groups or organizations may be copied on the letter sent to the organization’s leader. Meetings with Student Conduct and Community Standards will be conducted to review and/or investigate the allegations. Any determinations concerning the outcome of a reported incident will be communicated to the leader of the organization or team.

Hazing allegations against an individual student will follow the steps for procedural due process as defined in the ESU Student Code of Conduct.

The University recognizes the sensitivity of certain situations regarding hazing. If and when applicable, the University’s Medical Amnesty Policy will be applied for students subjected to Hazing. Hazing allegations that include alleged violations of the Sexual Misconduct (Title IX) Policy may be addressed through the Sexual Misconduct Resolution Process.

Distribution of the Hazing Prevention Policy

1. The University’s Hazing Prevention Policy must be distributed by each organization president or, if applicable, organization leader, club sport and athletic team coach to their membership at large.
2. It is the responsibility of the organization's or team’s leadership to inform alumni, advisers and coaches of the University’s Hazing Prevention Policy.
3. This policy will also be posted in prominent locations on campus.

Reason for Policy

This policy pertains to acts conducted -on or -off campus or University property if the acts are deemed to constitute hazing under this policy and/or Pennsylvania law. The policy applies to all students, applicants, admitted individuals, employees, volunteers, alumni and other persons associated with the University.

This policy has been updated to remain compliant with the Timothy Piazza Anti-hazing Law, 18 Pa.C.S.§2801 et seq and in compliance with the “Stop Campus Hazing Act”, Public Law 118-173-DEC. 23, 2024.

Appeal Statement/Process

Students and Student Organizations that have Hazing allegation(s) resolved in a formal hearing retain the right to appeal, as outlined in the ESU Student Code of Conduct.

Definitions

Hazing and Student Organization are defined in policy statement.