Hazing Policy

Hazing is prohibited by Washington and Lee University, the Code of Virginia § 18.2-56, and the federal Stop Campus Hazing Act (H.R.5646). This policy applies to all University students, student organizations, fraternities and sororities, clubs, and athletic teams.

In compliance with Virginia Code Section 23.1-822 (Adam’s Law) and the federal Stop Campus Hazing Act (H.R.5646), the University will:

• Maintain an institutional hazing policy that includes the definition of hazing, information on how to report hazing, and language concerning immunity from disciplinary action for certain individuals who report an act of hazing.
• Provide hazing prevention training to the extent required by Va. Code §23.1-820. For example, there will be in-person hazing prevention education for various groups such as all current members, new members, and potential new members of student organizations with a new member process, as well as coaches and advisors of organizations/teams with a new member process. More information about our hazing prevention education is available on our Hazing Prevention website. 
• Publicly report violations of this hazing policy to the extent required by Va. Code §23.1-822 and the Stop Campus Hazing Act. This report is referred to as the Campus Hazing Transparency Report. 
• Provide a hardcopy notice of the availability of the Campus Hazing Transparency Report, including a weblink, to new students.

Hazing Definition 

Washington and Lee prohibits hazing in all forms, regardless of intent, location, or outcome, as these acts are inconsistent with the mission and values of the institution. For purposes of this policy, hazing includes any conduct that meets the definition set forth in either the Code of Virginia §18.2-56, the Stop Campus Hazing Act, or the following: 

• Any act, regardless of a person’s willingness to participate, that involves the use of alcohol, acts of servitude (e.g., tasks or duties for the benefit of others), public embarrassment, altering one’s appearance, or similar acts, that is expected, coerced, requested, or required of someone joining an organization or group or of someone based on their membership status (e.g., potential new members, new members, rookies, class year, etc.), and that causes or creates a risk of physical or psychological harm or discomfort. 

Framing an act as “optional” or “encouraged” does not signify that the conduct is not hazing. The individual subjected to hazing does not need to regard or identify the act as hazing. The fact that an individual does not object to and/or appears willing to participate in the activity does not signify that the conduct is not hazing.  

Certain behaviors constitute hazing regardless of context (including, but not limited to, forced consumption, physical harm, etc.), while others may require consideration of the circumstances and context. For example, the physical preparation necessary for participation in an athletic team may not be an act of hazing, but having new members of a non-athletic student organization complete calisthenics may constitute an act of hazing. Traditions or perceived benefits will not absolve a student or organization from being held accountable for acts that meet the definition of hazing outlined in this section. 

The University will apply all definitions to the alleged conduct, and any act that meets the definition of hazing, as outlined in this section, will be in violation of this policy.

Reporting

The University encourages reporting of alleged hazing and violations of its hazing policy. Allegations of hazing or retaliation for reporting hazing or cooperating in a hazing-related investigation made against individuals or student organizations who are not members of the Interfraternity Council (IFC), such as Panhellenic Council (PC) and all National Pan-Hellenic Council (NPHC) organizations, will be investigated by Student Affairs and then referred to the Student Judicial Council (SJC). Allegations of hazing or retaliation for reporting hazing or cooperating in a hazing-related investigation against IFC fraternities, whether national or local, will be investigated by Student Affairs and then referred to the IFC.

How to Report

There are multiple avenues for students, parents, faculty, staff, and community members to report hazing. If you see or hear something that concerns you, please report it to support the health and safety of our students. The University is best positioned to respond to hazing concerns when we receive accurate, timely, and factual information. Please do not assume others have reported the concern - we would rather receive multiple reports than none at all.

While all cases of suspected hazing or retaliation for reporting hazing or cooperating in a hazing-related investigation should be reported to Student Affairs, other ways to report a hazing or retaliation concern include:

• If there is immediate concern for safety, please call 911 before taking any next steps.
• Submit a report through Hazing Reporting Form or the Live Safe App [Google Play | App Store]
• Contact Public Safety directly 540-458-8999
• Talk with a member of the community who can assist you with reporting. Some of these people might include: a Student Affairs dean, adviser of your organization, coach, trainer, member of student affairs staff, RA or CA.

Retaliation is prohibited against any individual who, in good faith, reports allegations of hazing, or cooperates in an investigation or adjudication under the hazing policy. Retaliation includes, but is not limited to, physical, verbal, or written harassment, threats, or intimidation of any person(s) who in good faith reports an alleged violation of this policy, or cooperates in an investigation or adjudication under the hazing policy.

Immunity for Good Faith Reporting or Cooperation

Individuals shall be entitled to immunity under the anti-hazing policy as set forth in Va. Code §23.1-821. Any bystander who, in good faith, reports hazing in advance of or during an incident that caused injury or is likely to cause injury to a person, will be immune from disciplinary action related to personal drug use, personal alcohol consumption, or hazing if the individual was not involved in the reported activity. This does not prevent the University from requiring the reporter to access services, including but not limited to inpatient or outpatient counseling for drug or alcohol use.

Any individual who reports and requests immunity under this policy may be liable for criminal and civil penalties that are beyond the University’s control.

Investigations

Student Affairs will investigate good faith reports of alleged hazing violations within student organizations, fraternities and sororities, clubs, and athletic teams at Washington and Lee University.

Investigations will proceed in the following steps:

1. A designated Student Affairs Staff Member (i.e., Student Affairs Designee) will review the hazing allegation and determine if the investigation process should be initiated based on the information provided. When deemed appropriate by the Student Affairs Designee, additional  designated university personnel¹ may be requested to assist in the investigation as additional investigators. 
   1. The investigator(s) may collect any relevant preliminary information including conducting a preliminary meeting(s) with individuals based on the context of the allegation. 
   2. When applicable, inter/national fraternity and sorority headquarter staff may be notified of the allegation during the initial review and investigation planning phase. At the discretion of the Student Affairs Designee, inter/national organizations may have the opportunity to partner with the investigator(s) to conduct a joint or parallel investigation. 
2. The Student Affairs Designee will notify the leader/president of the alleged organization of the hazing allegation, the pending investigation, and will offer to meet with the leader/president to review the investigation process.
   1. Additional stakeholders included on the initial notice may include, but are not limited to, staff advisor/coach, inter/national headquarters staff, and non-staff advisors on file with Student Affairs. 
3. After the organization has been notified, the formal investigation process will begin which may include, but is not limited to, partnering with inter/national headquarters (if applicable) and conducting interviews with members of the organization, advisors, university staff members, and potential witnesses. 
4. The investigator(s) will complete an investigation report including the initial allegation, an outline of the investigation process, and a summary of information gathered during the investigation process. Typically, the final report will be completed within thirty (30) business days of the allegation being received. 
   1. If the Student Affairs Designee determines that the information gathered does not suggest a potential violation of the hazing policy, the matter will be concluded, and the organization will be notified. 
   2. If the Student Affairs Designee determines that the information gathered may suggest a potential violation of the hazing policy, the final investigation report will be referred to the appropriate conduct body (e.g., the Student Judicial Council or IFC, as applicable).
5. The appropriate conduct body will review and conduct their adjudication process, including outreach to the organization, as outlined in their respective bylaws and/or procedures. 
   1. Any appeals to findings and/or sanctions will follow the appeal process outlined in the Student Handbook.

Interim Action:

In situations where the alleged behavior(s) is ongoing or suggest imminent harm or risk to the health and safety of individual(s), the organization may receive notification of interim action(s) (e.g., Cease and Desist²).

Interim Action will be determined by the Student Affairs Designee in conjunction with the Dean of Students (or designee) and will be directly communicated to the student organization and inter/national headquarters (if applicable). 

Commonwealth of Virginia Law

In addition to the University accountability process, students and student organizations may also face legal consequences for hazing under Virginia law. The Code of Virginia § 18.2-56 provides that it shall be unlawful to haze so as to cause bodily injury. Any person found guilty thereof shall be guilty of a class I misdemeanor. Any person receiving bodily injury by hazing or mistreatment shall have a right to sue, civilly, the person or persons guilty thereof, whether adults or infants. More information can be found by reviewing Code of Virginia § 18.2-56.