Anti-Hazing Policy

This policy addresses hazing and harassment behaviors associated with initiation, affiliation, or membership in student organizations, athletic teams, or other campus groups. It is applicable regardless of whether the individual subjected to such conduct has consented to participate.

Earlham College maintains a zero-tolerance stance toward hazing and harassment in any form. These behaviors are antithetical to the College’s Principles and Practices and undermine the safety, dignity, and well-being of individuals and the integrity of campus organizations.

Hazing is strictly prohibited, regardless of an individual’s willingness to participate. This policy applies to all students, employees, and student organizations.

Earlham is committed to investigating all allegations of hazing and harassment through established grievance procedures and to fostering a campus environment free from coercion, abuse, and discrimination. Violations may result in disciplinary action up to and including expulsion or termination.

1. Complaint: An oral or written request to Earlham that can objectively be understood as a request for Earlham to investigate and make a determination about alleged policy violation(s).
2. Complainant: The individual who is alleged to be the victim of conduct that could constitute a violation of Earlham policy
3. Hazing: Federal law defines hazing as 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 (I) is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and (II) 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.
4. Prohibited Conduct: Actions or behaviors that are explicitly forbidden by Earlham policy and/or the law, and for which responsible parties may be subject to sanction.
5. Respondent: An individual, organization or group alleged to have committed Prohibited Conduct.
6. Sanction: A formal college response or punishment should an individual or group be found Responsible for violation of this policy. Sanctions may include, but are not limited to, expulsion and/or termination.
7. Student Organization: An organization at the 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 enrolled students, whether or not the organization is established or recognized by the institution.

This policy prohibits any conduct defined as hazing as well as the behaviors described below.

1. The following, when committed against an individual during an initiation or affiliation with a student organization, constitute prohibited conduct under Earlham policy and federal law:
   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.
2. Earlham policy further prohibits the following behavior when directed at an individual during an initiation or affiliation with a student organization:

• • Deception
  • Assigning demerits
  • Silence periods with implied threats for violation
  • Deprivation of privileges granted to other members
  • Requiring lower ranking or new members/rookies to perform duties not assigned to other members
  • Socially isolating new members/rookies
  • Line-ups and drills/tests on meaningless information
  • Name calling and use of demeaning terms
  • Requiring lower ranking or new members/rookies to refer to other members with titles
  • Expecting certain items to always be in one’s possession

Earlham requires all students and employees who do not have a legal privilege of confidentiality and who become aware of alleged hazing to report that alleged behavior to the appropriate office.

Failure to report credible and actual allegations of Prohibited Behaviors described in this policy is itself considered a violation of this policy and may be subject to sanction.

Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and procedures, may be made to:

G. STATE AND FEDERAL AGENCIES
Members of the Earlham community may also make reports to:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: 800-421-3481
Fax: 202-453-6012
TDD#: 877-521-2172
Email: [email protected]
Web: http://www.ed.gov/ocr

For complaints involving employees, please refer to the Equal Employment Opportunity Commission (EEOC) of the United States Government. The EEOC has jurisdiction over Title IX employment claims. Please consult: http://www.eeoc.gov/field/index.cfm to locate the local office’s contact info.

Employees with a legal privilege of confidentiality under Indiana law (including licensed counselors acting in their capacity as counselors) are not required to report when the information is obtained during a confidential communication. An employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies.

Confidential employees are listed in Earlham’s Nondiscrimination and Anti-Harassment Policy.

Earlham College will follow the procedures outlined in the Discrimination and Harassment Grievance Procedures to investigate, resolve, and apply sanctions in response to allegations of hazing. These procedures include:

• Initial Assessment: Earlham conducts a preliminary review to determine jurisdiction and next steps.
• Supportive Measures: Non-disciplinary, non-punitive measures may be offered to involved parties to ensure safety, access to education or work, and prevent further misconduct. These may include academic accommodations, schedule adjustments, counseling referrals, or no-contact directives.
• Investigation: A formal investigation may be initiated, involving interviews, evidence collection, and documentation.
• Resolution: The procedures offer both informal and formal resolution options, depending on the nature and severity of the conduct.
• Sanctions: If a violation is found, disciplinary actions may be imposed, which can include warnings, suspension, expulsion, or other appropriate measures.
• Collateral Misconduct: Related misconduct discovered during investigations may also be addressed under these procedures, in consultation with relevant departments.

Discrimination and Harassment Grievance Procedures may be found at https://earlham.edu/policy/discrimination-and-harassment-grievance-procedures/.

Earlham shall collect statistics on hazing incidents. This report shall be referred to as the ‘Campus Hazing Transparency Report,’ and it shall summarize findings concerning any student organization (except that this shall only apply to student organizations that are established or recognized by the institution) found to be in violation of an institution’s standards of conduct relating to hazing, as defined in this policy. The Campus Hazing Transparency Report shall be publicly available on Earlham’s website no less than two times each year.

Earlham delegates to its Clery Compliance Officer the responsibility of compiling and publishing the Campus Hazing Transparency Report.

The report shall include, for the period beginning on the date on which the Report was last

Published, each incident involving a student organization for which a finding of responsibility is issued relating to a hazing violation, including:

• The name of such student organization
• a general description of the violation that resulted in a finding of responsibility, including whether the violation involved the abuse or illegal use of alcohol or drugs, the findings of the institution, and any sanctions placed on the student organization by the institution,
• The dates on which the incident(s) was alleged to have occurred
• The date on which the investigation was initiated and concluded
• The date on which the student organization received notice of an institutional finding

This policy is effective upon approval of the president. It will be reviewed annually for compliance with the ‘Stop Campus Hazing Act’, Public Law 118–173, 138 Stat. 2597 (2024)., which was enacted on December 23, 2024, to amend the Higher Education Act of 1965.