Assignment 1 - Hazing Boston College

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Southern New Hampshire University *

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640

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Law

Date

Jan 9, 2024

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docx

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Uploaded by MagistrateComputerCapybara8140

1 Hazing: Boston College Michele Gioxaris Global Campus, Southern New Hampshire University HEA 640: Critical Issues Student Affair Dr. Julie Elkins December 10, 2023

2 Hazing: Boston College Hazing can be identified as a ritual of initiation into a particular group or club. We often associate hazing with college or university fraternities and sororities. Hazing activities cause the individual to become uncomfortable, embarrassed, and perhaps persecuted. These activities include abuse, mentally or physically, forcing the individual to drink or do drugs, participating in physical activities that are forced, and to the degree that state and federal laws are being violated (What is hazing, n.d.). Laws have been implemented, prohibiting the act of hazing, and those found to be guilty of such acts, will be prosecuted. Legal Issues and Regulations One example of a legal issue concerning hazing, that exists in higher education comes from Boston College. The swim team at Boston College has been accused of throwing a party that involved underage drinking. An event was held for freshman, swim team members where they were subjected to binge drinking. It is alleged that the event is a right of passage for new, freshman students who have made the swim team. Along with the binge drinking, freshmen were given bags to wear around their necks when they needed to vomit. According to reports, some of those freshman swimmers passed out from the drinking. Upperclassmen were supposedly there to take care of those who passed out or were sick. Boston College did an investigation. It is reputed that 53 upperclassmen, participated in these events (Nazzaro, 2023). Laws for anti-hazing have been put into place because of the amount of injuries and deaths it has caused, nationwide. Its purpose is to create a safer environment for students who attend institutions of higher learning. Students need to be aware that hazing is not acceptable and if you are found to participate in such acts, you will be held accountable. As of 2019, only 44 states have anti-hazing laws. Of those 44, 13 classify hazing as a felony. The other states classify hazing as a misdemeanor (Nationwide, 2023). The Report and Educate About Campus

3 Hazing Act (REACH) is an amendment to the Higher Education Act of 1965. Institutions are required to report or disclose any incidents of hazing. The act “calls for the inclusion of hazing incidents as Clery Act crime statistics… research-based educational programming on hazing for all… uses an inclusive definition of hazing” (Federal, 2023, p.1). Sources of Higher Education Law Laws that pertain to higher education can be found in statutory, regulatory, common, and constitutional laws. Colleges and universities are liable for policies that hold their stakeholders accountable for any acts that cause injury or negligence. Institutions are responsible for knowing and understanding both federal and state laws, as well as local laws and business regulations Statutory law includes both federal and state laws. Regulatory consists of federal and state regulations. Common laws are based on court decisions and constitutional laws are from the U.S. Constitution (Higher education, n.d.). To establish institutional governance, institutions of higher education will need to depend on a few things. That includes a governing body, policies, and complying with both state and federal laws (Board responsibility, n.d.-a). A board of trustees is elected to oversee all of the institution’s operations. Their responsibilities include the policy, mission, and goals of the university. All college business needs the approval of the board before being passed or implemented. That includes bylaws and policies. Ensuring Institutional Governance A source of higher education law that supports institutional governance is its accreditation standards. Accreditation is important for all colleges and universities. They must remain in compliance with accreditation standards to remain in operation. Those standards include governance, diversity, and resources. Without accreditation, institutions would not

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4 receive federal funding and would lose credibility. I am not sure how this source could inform the guarantee of institutional governance. There is a standard that strictly focuses on the governance of the college. Recently, the institution where I work, Ocean County College failed that exact standard. They are currently under review and those specific issues are being taken care of by the institution. A final review will be after the new year. Institutions are responsible for complying with the standards, however, as I have mentioned, that is not always the case.

5 References Board responsibility for Institutional Governance - SUNY. (n.d.-a). https://www.suny.edu/media/suny/content-assets/documents/boardoftrustees/BOT-AGB- governance.pdf Federal anti-hazing legislation: The reach act: StopHazing: Policy. stophazing.org. (2023, October 3). https://stophazing.org/reach/#:~:text=Anti%2Dhazing%20legislation%20will %20help%20to:&text=Support%20colleges%20and%20universities%20in,Keep %20students%20safe. Higher education law in the United States - scholarworks.iupui.edu. (n.d.). https://scholarworks.iupui.edu/server/api/core/bitstreams/a89aa8b2-3d12-4020-8918- df84c5bb4686/content Nationwide hazing laws. TFNLG. (2023, August 17). https://tfnlgroup.com/nationwide-hazing- laws/ Nazzaro, T. (2023, October 24). New details of alleged Boston College swim team hazing stem from “Frosh” Party, court documents say. Boston 25 News. https://www.boston25news.com/news/local/new-details-alleged-boston-college-swim- team-hazing-stem-frosh-party-court-documents- say/O7RUYMSUIBBAJNFNNEA523FPME/ What is hazing. What is Hazing? | Student Affairs. (n.d.). https://studentaffairs.lehigh.edu/content/what-hazing#:~:text=Hazing%20includes%20but %20is%20not,subject%20the%20individual%20to%20physical

Assignment 1 - Hazing Boston College

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