I'm the last person who ever thought I would start my own blog. Well, necessity is the mother of invention, I suppose. When the news broke last week about the FratPAC's lobbying efforts, I was a little surprised to see the oft-repeated line from FRGC brass indicating their position that hazing was an issue best left to the states. I thought a lot about the pros and cons of state vs. federal action, and came up with a few ideas of what effective federal legislation might look like.
I was proud of my effort, and immediately shipped it off to HazingPrevention.Org for consideration in their upcoming newsletter. To my surprise, I was informed that HPO does not have a position on federal hazing legislation, and that they were going to pass on my article. Upon further investigation, I found the news not-so-surprising. The HPO Board Chairman, Joe Gilman (who is a great guy, and someone I consider a friend), is a donor and past board member of the FratPAC. So I understand why HPO leadership decided to pass on my article.
Next, I shopped it to AFA Essentials. They loved the article, and asked to hang on to if for a few months until it better fit with the theme of their monthly newsletter. Me, being the impatient guy that I am, didn't want to wait.
So here we are. My first blog. This may be the only time I do this. I'm counting on the power of social media to help me spread this message. We'll see how this little experiment works. Enjoy!
Gentry
Addressing Hazing at the Federal Level
Late last week, news broke indicating that the Fraternity
and Sorority Political Action Committee (FSPAC) was actively engaged in
lobbying against federal anti-hazing legislation proposed by Rep. Frederica
Wilson (D-FL). Her proposed legislation
(which has yet to be submitted as a bill before Congress) would, among other
things, require mandated reporting of hazing allegations and would eliminate Federal
Financial Aid benefits to students found responsible for hazing.
According to North American Interfraternity Conference (NIC)
president Pete Smithhisler (
http://abcnews.go.com/Business/fraternity-group-lobbies-hazing-reform/story?id=19766121),
the Fraternal Government Relations Committee (FGRC) has, in fact, met with Rep.
Wilson regarding concerns about her proposed legislation, and public records
indicate that the FSPAC donated $1,000 to her campaign fund. The FGRC training packet for the April 2013
congressional visits contains a brief section regarding hazing legislation,
including this excerpt:
While we lead the fight against
hazing, we do not think it should be a federal issue. For many legal and policy
reasons, we oppose proposed legislation that denies federal financial aid to
students subject to a university sanction for hazing. We believe this
legislation would result in more problems than it solves in regards to hazing.
While their critiques of the legislation are legitimate,
their involvement in lobbying against proposed hazing legislation could be
problematic, especially for the NIC and the National Panhellenic Conference
(NPC), the two groups who founded and financially support the FGRC. Public commentary from FRGC leadership has
always suggested that their lobbying efforts included three main legislative
priorities: to protect fraternity/sorority exemptions articulated under Title
IX, to protect tax deductions for fraternity/sorority charitable contributions,
and to promote the Collegiate Housing and Infrastructure Act (CHIA), which
would allow for tax-deductible gifts towards fraternity/sorority housing. Public documents and websites related to the
FGRC and the NIC/NPC government relations efforts make little mention of any
lobbying on behalf of or in opposition to federal hazing legislation. In a phone conversation, Pete Smithhisler
indicated that the decision was made to only communicate the hazing lobbying
effort "to our internal constituents” (Pete Smithhisler, Personal
Communication, July 25, 2013). Based on
this admission, it appears that many individuals may have donated to the FSPAC
under the auspices of supporting CHIA, with no knowledge that the funds would
be used to lobby for or against federal anti-hazing legislation.
Social media has been abuzz with conversation regarding this
revelation. Those defending the NIC/FGRC/FSPAC
are quick to point out the flaws in Rep. Wilson’s proposed legislation (
http://wilson.house.gov/press-releases/congresswoman-wilson-announces-framework-for-anti-hazing-legislation/). This criticism is not without merit. Her proposal of denying federal financial aid
benefits to any student found responsible for hazing, or witnessing hazing but
not reporting it, would have far-reaching unintended consequences and would
disproportionately affect low-income students.
With that said, some of the arguments against her proposed
legislation appear misguided. Several
have argued that there is no need for a federal anti-hazing bill – that the
issue is best left to the states. The
argument that only the states should be involved in hazing does not reflect an
understanding of existing prevention framework.
Those who study the science of prevention are well aware of
Bronfebrenner’s “Social Ecological Model” (
http://en.wikipedia.org/wiki/Social_ecological_model). The Social Ecological Model describes various
levels of intervention that can affect behavior change. The outermost layer, the “macro-system,” is
often thought of in regards to public policy.
The laws governing any particular behavior are an important part of
promoting change with regards to that behavior.
This is a basic tenant of the framework taught at the Novak Institute
for Hazing Prevention, and has been previously discussed when comparing the
anti-bullying movement to the hazing prevention movement (
http://myemail.constantcontact.com/Learning-from-the-Anti-Bullying-Movement.html?soid=1101826026302&aid=OBB2_TrwoF0).
Assuming that the FGRC is genuine in its assertion that it
would support “well-crafted” federal anti-hazing legislation, it is worth
proposing what effective federal legislation might look like. The following list includes a number of
possible ways that hazing prevention could be enacted at the federal level:
Include Hazing in Clery
Report Statistics
The Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act was passed in 1990 in response to the 1986 rape and
murder of Jeanne Clery at Lehigh University.
The Clery Act requires, among other things, colleges to publish an
annual security report. This report
contains statistics about campus crime, including crimes of violence and crimes
involving violations of drug and alcohol laws.
The Clery Act was amended in 2013 as part of the Violence Against Women
Act to include a number of new crimes in the security report, including
domestic violence and stalking.
Many campuses attempt to keep hazing allegations and
investigations quiet in an effort to reduce negative publicity and to curry
favor with prominent alumni. As a
result, prospective students and their parents are often ill-informed regarding
the prevalence of hazing on the campuses they are considering attending. By including hazing allegations on the Clery
Report, prospective students will be able to
make better-informed decisions, and campuses will be more accountable
for their respective hazing cultures.
Furthermore, as organizational conduct records are not protected by
FERPA, campuses could be required to publish the names of any organizations
found responsible for hazing in their Clery Report. This would add an additional layer of
accountability to both the institutions and the organizations involved in
hazing.
Promulgate
Investigative/Adjudicative Model Similar to the One Outlined by the OCR for
Title IX Cases
The April 4, 2011 “Dear Colleague” Letter issued by the
Office of Civil Rights in the Department of Education put colleges on notice
that the manner in which they were handling, or mishandling, sexual misconduct
allegations was no longer acceptable.
The letter laid out a number of guidelines, many of which were later
codified under the Violence Against Women Act in 2013. While the NIC, at least, appears to have
concerns regarding the mandated “preponderance of the evidence” threshold for
burden of proof in Title IX cases, other aspects of the DCL provide a valuable
framework for addressing and adjudicating hazing on college campuses.
The DCL guidelines included very specific language related
to the “fair and equitable” investigation and adjudication of sexual assault
allegations. It required campuses to
appoint a Title IX coordinator and to have trained, unbiased
investigators. The letter provided
protections to victims, allowing conduct processes to proceed without forcing
the victim to face her attacker. Each of
these requirements, and more, would drastically improve the way college
campuses respond to hazing allegations if they were applied in that
fashion.
It is well-documented that many college campuses have
attempted to minimize hazing allegations, particularly those that do not result
in physical injury or harm. The culture
that is created by this “head in the sand approach” is one that allows for
greater rates of perpetration. Federal
legislation could require campuses to report hazing allegations to a designated
“Hazing Prevention Coordinator,” require timely investigations by a trained,
unbiased investigator, allow for the results of investigations to be presented
at a hearing without the participation of victims. By moving towards this type of model,
campuses would be forced to address all hazing allegations, regardless of
severity, and provide a timely, fair and equitable outcome. This would surely be an improvement on a
majority of campuses.
Loss of Federal
Financial Aid Benefits for Anyone Criminally Convicted of Hazing
Representative Wilson’s original proposal would have denied
federal aid benefits to anyone found responsible in a campus conduct hearing
for any type of hazing, or for anyone who witnessed hazing, including as a
victim, and did not report it to the proper authorities. This proposal is problematic for a number of
reasons, all of which have been pointed out by the FGRC.
However, the idea of denying federal aid benefits should not
be dismissed outright. Under current
law, students can be denied federal aid for a variety of drug and forcible sex
offenses (
http://studentaid.ed.gov/eligibility/criminal-convictions). However, these restrictions only apply if and
when a student (or prospective student) has been convicted in a criminal
proceeding. Currently, 44 of 50 states
have hazing laws. In order to truly be
effective, it would be necessary to have some uniformity to these laws and to
bring the other six states (Alaska, Hawaii, Montana, New Mexico, South Dakota
and Wyoming) into the fold. If that
happened, a restriction of federal financial aid to anyone criminally convicted
of hazing would send a clear message to would-be hazers, particularly in those
states with strong anti-hazing laws.
Conclusion
The function and activities of the so-called “FratPAC” will
likely continue to stir debate. While
their aims and purposes appear to be noble, it cannot be denied that they, like
many other lobbying groups, represent powerful special interests. It also cannot be argued that their efforts,
and the resulting media coverage, represent a black eye for the “fraternity
movement.” Openly lobbying against
federal hazing legislation was a bad idea.
Period. Regardless, those of us interested in hazing prevention should
be interested in pursuing any and all opportunities that show promise in
preventing hazing. The suggestions in
this article are likely only the tip of the iceberg in terms of what might be
effective at the federal level. But to
be outright dismissive of any federal involvement in hazing prevention is
shortsighted. Let us continue to pursue
opportunities to reduce the prevalence and severity of hazing at all levels and
in all settings.