Muhlenberg College Anti-Hazing Policy
In accordance with the Federal Stop Campus Hazing Act and the Pennsylvania Timothy J. Piazza Antihazing Law, Muhlenberg College does not tolerate hazing. Any student or student organization found responsible for hazing, aggravated hazing, or organizational hazing (each as defined below) or for violating any of the Restrictions, Requirements, Obligations and Responsibilities set forth below shall be subject to disciplinary action under this Policy and Muhlenberg College’s Student Code of Conduct and may also face criminal charges under applicable law.
All allegations of hazing, aggravated hazing, organizational hazing, or other violations of this Policy reported to the College will be investigated. If the investigation yields evidence of a violation of this Policy, the College will then take appropriate disciplinary action through the College conduct process against the individual(s) and/or student organization(s) deemed responsible for the violation. Disciplinary action for student organizations may include both punitive sanctions (e.g. loss of privileges, disciplinary warning, disciplinary probation, disciplinary dissolution, and disciplinary termination) and educational sanctions (e.g. programs, workshops, etc.). Disciplinary action for individual students may include both punitive (e.g. disciplinary warning, disciplinary probation, suspension or expulsion) and educational sanctions (e.g. programs, workshops, etc.).
Any disciplinary action taken by the College shall be in addition to any criminal penalties that may be levied against the individual(s) and/or student organization(s). In this regard, the College will support any victim of hazing, aggravated hazing or organizational hazing if they choose to speak to law enforcement about the possibility of pressing criminal charges.
Jurisdiction:
This Policy applies to all Muhlenberg College students and student organizations. This Policy shall also apply to any act deemed to constitute hazing, aggravated hazing, institutional hazing, or that otherwise violates this Policy whether occurring on campus, off-campus, on any property owned, controlled, used or managed by the College, or at any College sponsored activities on or off-campus, including off-campus study programs.
Hazing, Aggravated Hazing and Organizational Hazing:
Hazing: A student commits the offense of hazing if the student intentionally, knowingly or recklessly, for the purpose of initiating, admitting or affiliating a minor or student into or with a student organization, or for the purpose of continuing or enhancing a minor or student's membership or status in a student organization, causes or creates a risk of physical or psychological injury, or causes, coerces, forces or otherwise induces a minor or student to do any of the following:
(1) Violate Federal or State criminal law.
(2) Consume any food, liquid, alcoholic liquid, drug or other substance which subjects the minor or student to a risk of emotional or physical harm.
(3) Endure brutality of a physical nature, including whipping, beating, striking, electronic shocking, branding, calisthenics, exposure to the elements, the placing of harmful substances on someone’s body, or any similar activity.
(4) Endure brutality of a mental or psychological nature, including activity adversely affecting the mental health or dignity of the individual, including sleep deprivation, confinement in a small space, exclusion from social contact or conduct that could result in extreme embarrassment, or any similar activity.
(5) Endure brutality of a sexual nature or inducing another person to perform sexual acts.
(6) Endure any other activity that creates a reasonable likelihood of bodily injury to the minor or student.
(7) Endure any other activity that causes or could reasonably be expected to cause extreme emotional distress.
(8) Endure or engage in any other activity that endangers or could reasonably be expected to endanger the mental or physical health, safety, wellbeing, or dignity of the minor or student or any other individual, or damages, destroys or removes public or private property.
Any activity described in this definition shall be presumed to be forced and/or coerced.
Hazing shall not include reasonable and customary athletic, law enforcement or military training, contests, competitions, or events.
Aggravated Hazing: A student commits the offense of aggravated hazing if the student engages in hazing that results in serious bodily injury or death to the minor or student and:
(1) the student acts with reckless indifference to the health and safety of the minor or student; or
(2) the student causes, coerces, or forces the consumption of an alcoholic liquid or drug by the minor or student.
Organizational Hazing: A student organization that intentionally, knowingly or recklessly promotes or facilitates hazing and/or aggravated hazing commits the offense of organizational hazing.
It shall not be a defense to allegations of hazing, aggravated hazing or organizational hazing if (i) the consent of the minor or student was sought or obtained, or (ii) the conduct was sanctioned or approved by the student organization or Muhlenberg College.
Other Definitions:
Minor: An individual younger than 18 years of age.
Student: An individual who attends or has applied to attend or has been admitted to Muhlenberg College.
Student Organization: Any of the following:
(1) A fraternity, sorority, athletic team or club, association, corporation, order, society, corps, cohort in direct conjunction with a current academic course, club, student government organization or service, social or similar group, whose members include students or alumni of Muhlenberg College, irrespective of whether any such groups are recognized, registered, or identified as being affiliated with Muhlenberg College.
(2) A national or international organization with which a fraternity, sorority or other student organization identified above is affiliated.
Restrictions, Requirements, Obligations and Responsibilities:
Meeting and Time Restrictions: All students at Muhlenberg College are recognized to have academic and collegiate obligations that must not be unduly restricted or constrained by any student or student organization. Examples of improperly restrictive time requirements include, but are not limited to, the following:
(1) any activity or requirement that is so time consuming as to significantly interfere with class work or study time including, but not limited to, pre-initiation and initiation periods;
(2) conducting any new member-related activity between the hours of 12:00 a.m. and 6:00 a.m.;
(3) permitting less than six (6) continuous hours of sleep for new members each night between 12 a.m. and 9:00 a.m.; and
(4) conducting any non-academic new member activity within one (1) week of final examinations.
Requirements, Obligations and Responsibilities: All membership requirements or obligations of any student organization must in some way enhance the individual’s emotional, spiritual, or intellectual development. In addition, all students and student organizations shall have the following responsibilities under this Policy:
(1) Any person (prospective member, new member, active member, student organization coach/advisor, guest, alumni/ae, Muhlenberg College staff/faculty member) aware of, suffering from, or witnessing any incident of hazing or other violation of this Policy must promptly report the incident(s) to appropriate College officials.
(2) The appropriate student organization officer (president, new member educator, team captain, etc.) must approve all new/prospective member-related activities before they occur.
(3) Membership-related activities must be kept within the properly reserved on campus space. Such activities must not interfere with the rights and activities of others, and should always reflect the best interest of the prospective, new and active members of the student organization it represents and the Muhlenberg College community as a whole.
(4) Students and student organizations shall be held responsible for any action or situation that constitutes a violation of this Policy, whether caused or committed by current student(s), alumni/ae, or visitors.
(5) Any retaliation or threat of retaliation taken against a person for reporting a violation of this Policy shall be considered a violation of this Policy, even if the student or student organization is found not responsible for the initial alleged charge.
Muhlenberg College shall provide a copy of this Policy, including the College’s rules, penalties and program of enforcement, to each student organization and shall post this Policy on the College’s website.
How to Report Violations of this Policy:
Allegations of hazing, aggravated hazing, organizational hazing or other violations of this Policy may be reported to the College using the General Incident Reporting Form or reporting to a Campus Security Authority (CSA). All such allegations shall be investigated and, if appropriate, adjudicated pursuant to the College’s Student Code of Conduct, Equal Opportunity and Nondiscrimination Policy, and/or other applicable College policy.
