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For purposes of SMU’s annual reporting statistics on hazing, the Stop Campus Hazing Act defines hazing as:

any intentional, knowing, or reckless act committed by a person (whether individually or in concert with others) against another person or persons, regardless of the willingness of such person(s) to participate, that is 

1. committed in the course of an initiation into, an affiliation with, or the maintenance of membership in a student organization, and,
2. causes or creates a risk, above the reasonable risk encountered in the course of participation in the IHE or the organization (such as the physical preparation necessary for participation in an athletics team) of physical or psychological injury, including:

• Whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity, and/or:
• Causing, coercing, or otherwise inducing any of the following:
  • Sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
  • Another person to consume food, liquid, alcohol, drugs, or other substances
  • 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 committed against another person that includes a criminal violation of local, state, tribal, or federal law; or,
• 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

The Texas anti-hazing statute is found in the Texas Education Code, Chapter 37, Subchapter F at §37.151 and defines hazing as: 

any intentional, knowing or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act is:

• Any type of physical brutality, such as whipping, beating, striking, branding, electric shocking, placing of a harmful substance on the body or similar activity;
• Involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
• Involves consumption of food, liquid, alcoholic beverage, liquor, drug or other substance, other than as described by Paragraph (E), that subjects the student to an unreasonable risk of harm or which adversely affects the mental or physical health of the student;
• Is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal code; or involves coercing, as defined by Section 1.07, Penal Code, the student to consume an alcoholic beverage, liquor, or drug in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Section 49.01, Penal Code.

**The fact that a person consented or acquiesced to participation in a hazing activity is not a defense to prosecution for hazing under the law.

According to the law, a person can commit hazing by not only engaging in the activity, but also soliciting, encouraging, directing, aiding or attempting to aid in hazing; and by intentionally, knowingly, or recklessly allowing hazing to occur. Witnessing hazing or having first-hand knowledge that a hazing incident is planned or has occurred can also be considered hazing, as defined by law.

In an effort to encourage reporting of hazing incidents, the Texas law grants immunity from civil or criminal liability to any person who reports a specific hazing event in good faith and without malice to the Dean of Students or other appropriate University official, such as staff in the Office of Student Conduct & Community Standards. A person may also be granted amnesty for any potential liability in SMU student conduct proceedings. Additionally, a doctor or other medical practitioner who treats a student who may have been subjected to hazing may make a good faith report of the suspected hazing activities to police or other law enforcement officials and is immune from civil or other liability that might otherwise be imposed or incurred as a result of the report. The penalty for the failure to report incidents of hazing is a fine of up to
$1,000, up to 180 days in jail, or both. Penalties for other hazing offenses vary according to the severity of the injury which results and include fines from $500 to $10,000 and/or up to two years of jail time.

Students who have knowledge of hazing activity can report it to the Office of Student Conduct & Community Standards by clicking or to the 91��Ƭ�S�ϼ� Police Department or both. Information about hazing may also be reported anonymously through the SMU Police Department’s Silent Witness Program by calling 214-SMU-2TIP or online at http://www.smu.edu/2tip. You can also report hazing anonymously  via Real Response by texting 205-TXT2SMU where a member of the Dean of Students Office will respond to you. Anonymous reports of hazing activity may also be made through the SMU Fraud Reporting Program, by calling 844-995-4895, or accessing the online portal at:  smu.ethicspoint.com or the mobile reporting site:  smumobile.ethicspoint.com. 

This law does not affect or in any way limit the right of the university to enforce its own rules against hazing. Hazing is a violation of Section IV.C.7. of the 91��Ƭ�S�ϼ� Student Code of Conduct and is subject to potential proceedings in the Conduct Review Process.

In accordance with Texas and federal law, universities have a duty to report to the campus community all organizations that have been disciplined for hazing, on or off campus, during the preceding three years.

In accordance with the federal Stop Campus Hazing Act, if a recognized student organization is found responsible for hazing, the annual Transparency Report must include:

• Name of organization
• Description of the hazing activity/violation, including whether the incident involved illegal use of drugs or alcohol
• Date of the incident
• Start and end dates of the investigation
• Date the organization was notified of the findings

View SMU’s Hazing Transparency Report

Texas Education Code § 51.936 requires all institutions of higher education distribute information to the campus at least twice each year:
(c) Not later than the 14th day before the first class day of each fall or spring semester, each postsecondary educational institution shall distribute to each student enrolled at the Institution:

1. a summary of the provisions of Subchapter F, Chapter 37; 
2. a copy of, or an electronic link to a copy of, the report required under Subsection (c-1)