Student Handbook: Hazing and Reckless Endangerment

Policy Statement

Fordham University believes in maintaining a learning, living and working environment that recognizes the worth and value of every individual. Every member of the Fordham University community should be able to participate in activities and organizations without compromising their health, safety and welfare. Hazing is unacceptable and is a violation of University policy.

Reason for the Policy

In keeping with its mission, Fordham University is committed to the discovery of Wisdom and the transmission of Learning, through research and through undergraduate, graduate and professional education of the highest quality; and supports activities which are constructive, educational and inspirational and that contribute to the intellectual and personal development and well-being of its students, preparing them for leadership in a global society.

Fordham University is dedicated to the safety of students, student-athletes, faculty, staff and third parties. An important element to a safe campus is a strong, effective, anti-hazing program. In accordance with the federal “Stop Campus Hazing Act,” this Policy informs the Fordham University community of the University’s comprehensive program to deliver hazing prevention education and training, provide a variety of options to report suspected hazing and response framework for allegations, including possible sanctions for substantiated violations.

Responsible University Offices/Officers

Department of Public Safety
Division of Student Affairs
Office of Human Resources Management

Applicability of the Policy

This Policy is applicable to and governs the conduct of students, faculty, staff, third parties (such as, but not limited to, visitors, guests, vendors, independent contractors, interns and volunteers) on Fordham campuses and property. All members of the Fordham community, including but not limited to faculty, staff, coaches, team captains, student-athletes, student leaders, clubs/organizations and all students shall be expected to accept responsibility and act with integrity and civility regarding this issue. This includes not only refraining from engaging in activities such as those described above, but also reporting any suspected hazing incidents. (See Reporting Hazing Incidents below).

This Policy applies to conduct that takes place on Fordham’s premises, including learning, living and working spaces; and at Fordham-sponsored or supervised programs or events, including study abroad programs or academic, learning, and service programs, even if they occur off-campus. Off-campus conduct includes but is not limited to remote learning or working and use on messaging applications, virtual platforms such as Zoom or Google Meet, or when materials are visible in the background at remote learning or work locations during virtual meetings that may have hazing content. Calls, text messages, emails and social media use by students or employees may also constitute prohibited conduct, even if they occur away from Fordham’s campuses, occur on personal devices or after business hours, depending on the circumstances.

Definitions

Hazing is 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:

is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
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 including
whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
causing, coercing, or otherwise inducing another person to perform sexual acts;
any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
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.’’

This definition is compliant with New York State law. Under New York State Penal Law, a person may be charged with hazing if, during another person’s initiation into or affiliation with any organization, they intentionally or recklessly engage in conduct that creates a substantial risk of and/or causes physical injury to another person. A criminal charge of hazing may result in a misdemeanor or violation. NYS Section 120.16 - Hazing in the first degree, NYS Section 120.17 Hazing in the second degree.

Student Organization is an organization at Fordham (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 students enrolled at Fordham whether or not the organization is established or recognized by Fordham. This definition may cover both individual and organizational charges.

All recognized institutional clubs and organizations shall incorporate a clause committing to adherence to this policy in their constitutions.

Policy

Reporting Hazing Incidents

Fordham University encourages the reporting of hazing incidents and takes every such report seriously. Fordham will investigate all reports diligently and thoroughly in accordance with other applicable University policies and procedures.

Any person may report hazing in person, by mail, by telephone or by electronic mail, to the offices identified below:

The Department of Public Safety (DPS). The Department of Public Safety can receive detailed reports at any time of the day or night involving any member of the University community (students, staff or faculty), third parties. DPS is open 24 hours a day, 7 days a week, 365 days a year.

DPS Online Reporting (Using Your Fordham Access IT ID) http://my.fordham.edu/site/web/content/security/incident_report.jsp

Individuals who possess a Fordham Access IT ID may use that ID to submit a DPS Online Report. These reports will not receive an immediate response from DPS or emergency responders. The DPS Online Report is not a confidential report—the ID associated with the report will be kept on file by the University. However, Fordham will maintain the reporting individual’s privacy to the greatest extent possible.

Deans of Students. Reports involving students and/or student organizations can also be submitted to the Dean of Students, Vice President for Student Affairs or the Senior Executive Associate Athletic Director/Senior Woman Administrator for the campus at which the student is enrolled and/or the student organization is recognized.
Human Resources. Reports involving any employee (staff or faculty) can be submitted to the Office of Human Resources Management.

Hazing incident reports involving sexual misconduct reported to the above offices will be immediately routed to the Title IX team for coordination.

The Clery Act requires that all persons listed as Campus Security Authorities must report crimes, including hazing, immediately to Fordham’s Department of Public Safety. The definition of Campus Security Authorities can be found here https://www.fordham.edu/student-life/safety-health-and-wellness/public-safety/about-us/clery-act/

Fordham University, in its sole discretion, shall determine by whom any particular claim should be investigated and resolved.

How Hazing Incident Reports are Investigated

After a report is received, Fordham will quickly review the submission and determine the next appropriate actions. If a report is criminal in nature, DPS and/or local law enforcement will be contacted. Fordham will also conduct its own investigation to prevent a recurrence of the alleged hazing and to determine if there are potential violations of any other applicable University processes depending on the nature of the complaint.

For hazing incidents involving students and student organizations; trained, qualified investigators from DPS will investigate complaints impartially and objectively, perform fact-finding, and follow all relevant procedures. The results of the investigation will then be provided to the Associate Vice President for student affairs, the Dean of students, or their designee for referral to the student conduct system as appropriate or other action as necessary, including any action required with student organizations.

For incidents in which the respondent is an employee of the University, DPS will coordinate efforts to investigate with the Office of Human Resources Management (Human Resources). Human Resources, in consultation with DPS, will make a determination of findings and conclusions and will share an investigative report to the appropriate area Vice President or Dean to determine appropriate personnel actions, if necessary

For incidents involving visitors, DPS will conduct an investigation and determine the appropriate outcome.

Individuals (and/or organizations) found responsible for violating this Policy may be subject to:

Students: Suspension, expulsion, or other appropriate disciplinary action and possible referral to local law enforcement authorities.
Clubs and Organizations: Rescission of permission for that organization or club to operate on campus property and possible referral to local law enforcement authorities penalties.
Staff and Faculty: Suspension, or other appropriate disciplinary action up to and including termination and possible referral to local law enforcement authorities.
Third parties: May be ejected or banned from campus or University property.

Prevention and Awareness

To prevent hazing and raise awareness about the dangers of hazing, Fordham will conduct anti-hazing training for incoming students as part of Orientations and for upper-level students with an emphasis on student organization leaders, bystander intervention and group cohesion at least once during the academic year. Fordham employees, including Student Affairs personnel, Campus Security Authorities and student organization faculty advisors also will receive training on the importance of hazing awareness and prevention. All training will be grounded in best practices developed by experts in the field of hazing prevention.