Anti-Hazing Policy

St. Mary’s University Anti-Hazing Policy

St. Mary’s University’s Anti-Hazing Policy is guided by the University’s Catholic identity, Marianist values, and Mission. As such, any act of hazing goes against the ideas of community and family spirit at St. Mary’s University.  Such acts, and the impact of these acts, are detrimental to the type of leaders the institution strives to mold and develop. Additionally, St. Mary’s University’s Anti-Hazing Policy is guided by the Stop Campus Hazing Act (2024) and the Texas Anti-Hazing Statute (2019).  The University’s anti-hazing policy applies to all enrolled students, employees, registered student organizations, athletic teams, and other student groups at St. Mary’s University (such as band, honor societies, and departmental clubs). The policy also applies to programs and activities both on and off University property.

Definition of a Student Organization

For purposes of the University’s Anti-Hazing policy, the phrase “student organization” means an organization at St. Mary’s University (such as  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 the University.

While student organizations that are not recognized or established by the University are not subject to the University’s disciplinary jurisdiction, individuals who engage in violations of the standards of conduct outlined in the University’s Anti-Hazing policy will be held accountable regardless of whether the student organization in which the Hazing activities occurred is recognized or established by the institution.

The University reserves the right to hold a sub-group of an organization accountable for Hazing policy violations, rather than the entire student organization, when circumstances reasonably indicate a sub-group, not the entire student organization, committed a Hazing policy violation. For example, affinity groups or position groups within an athletic team that meet the definition of a student organization may be held accountable for hazing in lieu of the entire athletic team.

DEFINITION OF HAZING

Hazing is any intentional, knowing or reckless act occurring on or off campus, by one person acting alone or with others, directed against a student or group of students for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are, or include, students at St. Mary’s University. Hazing includes, but is not limited to offenses that:

• subject the student(s) to an unreasonable risk or harm, or
• includes the damage or destruction of private or personal property or the disruption of our community environment.

Specific examples of hazing include, but are not limited to:

• Physical brutality, which is whipping, beating, striking, paddling, branding, shocking, placing a harmful substance on the body or other similar activities;
• Physical activities involving sleep or food deprivation, exposure to the elements, confinement to a small space, physical bondage or calisthenics or similar activity that subjects the student to an unreasonable risk of harm or adversely affects the mental or physical health of the student;
• Forced or coerced consumption of alcoholic beverages or liquor, or consumption of other substances such as food, large quantities of non-alcoholic beverages, or other substances that subjects the student to an unreasonable risk of harm or adversely affects the mental or physical health of the student;
• Taking of a student to an outlying area and leaving him/her;
• Activities that induce, cause or require a student to perform an act in violation of the Penal Code or the Student Code of Conduct; or
• Involves coercing, as defined by Section 1.07, Penal Code, the student to consume a drug, alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Section 49.01, Penal Code.

Personal Offenses

A person commits an offense under the St. Mary’s University Hazing Policy if s/he:

• Engages in hazing;
• Solicits, encourages, directs, coerces, aids or attempts to aid another person engaged in hazing;
• Intentionally, knowingly or recklessly permits hazing to occur; or
• Has firsthand knowledge of the planning of a specific hazing event or has firsthand knowledge that a specific event has occurred and fails to report that knowledge, in writing, to the appropriate University official, thereby misusing authority by virtue of one’s class rank or leadership position.

Definitions of Hazing Activities

The University has defined incidents and activities that may be interpreted as hazing according to the Student Code of Conduct. These activities include, but are not limited to the following:

• Activity that requires the violation of federal, state, or local law or the Code of Student Conduct.
• Allowing for less than eight successive hours per day away from organization activities;
• Any type of personal servitude which is demeaning or is of personal benefit only to individual members;
• Assigning of pranks such as stealing property, painting objects, harassing other groups or scavenger hunts;
• Blindfolding, psychological shocks or tests which may inspire fear;
• Calisthenics or any other forms of physical exercise or abuse;
• Confining individuals in an area which is uncomfortable or dangerous (high temperatures, too small, no or strobing lights, repetitive noise, etc.);
• Disruption of normal hygiene or diet schedules;
• Eating or ingesting any unwanted substance;
• Forced or coerced consumption of alcoholic beverages or liquor either by threat or peer pressure;
• Forced or coerced consumption of large quantities of non-alcoholic beverages either by threat or peer pressure;
• Intentionally messing up areas for new members to clean up; Lineups intended to demean or humiliate;
• Paddle swats, including trading swats;
• Requiring participation in quad beyond normal quad hours.
• Sexist or sexually related duties, tasks or punishments;
• Throwing oil, syrup, flour or any other substance on a person;
• Total or partial nudity at any time;
• Transportation and abandonment, including road trips, kidnapping, walks, rides, or drops;
• Use of demeaning names or slurs;
• Wearing or carrying any obscene, burdensome, or unnecessary article;
• Wearing of embarrassing, uncomfortable or abnormal clothing;
• Yelling or screaming at persons for the purpose of humiliation or embarrassment; or
• Tying or binding or otherwise restricting the free movements of an individual.

Questions regarding the legitimacy or liability of any event or activity or to report a possible incident should be directed to the Dean of Students.

How to Report a Hazing Incident

How to Report?

Any member of the St. Mary’s University community, visitor, or guest may report a policy violation(s) by any student for misconduct under this Code of Student Conduct to the Vice President for Student Development/Dean of Students, Assistant Director for Student Integrity and Welfare, Assistant Dean for Law Student Affairs, University Police, Residence Life, or the University’s Title IX Coordinator(s).

Reports of hazing can be made through the following channels:

1. Hazing Report Form
2. St. Mary’s University Police Department (For immediate threats or emergencies)
   • Location: Treadaway Hall or Cremer Hall Substation
   • Emergency Phone: 210-431-1911 (for immediate danger)
   • Non-Emergency Phone: 210-436-3330
3. Office of Dean of Students
   • Location: Student Development Suite, 2^nd Floor of the University Center
   • Email: deanofstudents@stmarytx.edu
   • Phone: 210-436-3331

What to Include in a Report?

When reporting hazing, please provide as much detail as possible, including:

• Names of individuals and organizations involved
• Date, time, and location of the incident
• Description of the activities or behaviors observed
• Any evidence (photos, messages, etc.), if available
• Names of potential witnesses

Organizational Misconduct: Conduct Procedures

Group Violations, Code of Student Conduct, Section 6: Conduct Procedures, subsection 2: Group Violations

A student group or organization, and its officers and membership, may be held collectively and individually responsible when violations of the Code of Student Conduct and the Anti-Hazing Policy by the organization or its member(s):

Investigations and reviews of reported student group or organization misconduct follow the same general student conduct procedures. In any conduct process, individual determinations of responsibility will be made, and sanctions may be assigned collectively and individually. These sanctions will be proportionate to the involvement of each individual and the organization.

Amnesty and Immunity from Civil or Criminal liability:

Students who report hazing before being contacted by the Dean of Students’ office, who cooperate in good faith, and provide complete and factual accounts may be eligible for amnesty from university discipline. Code of Student Conduct, Section 6: Conduct Procedures, subsection 3: Amnesty.

Under Texas Education Code, Chapter 37 (F) Hazing (Sec. 37.155), any person who voluntarily reports a specific hazing incident in writing to University Police or the Dean of Students or other appropriate University official is immune from civil or criminal liability that might otherwise be imposed as a result of the reported incident if the person:

1. reports the incident before being contacted by the institution concerning the incident or otherwise being included in the institution’s investigation of the incident; and
2. as determined by the Dean of Students or other appropriate University official of the institution designated by the institution, cooperated in good faith throughout any institutional process regarding the incident.

Protection from Retaliation

The University takes all reports of hazing seriously and will investigate in accordance with the Code of Student Conduct and applicable laws. Individuals who report hazing in good faith are protected from retaliation. Retaliation against anyone who reports hazing, participates in an investigation, or refuses to participate in hazing activities is strictly prohibited and may result in disciplinary action.

Review of Reports

Once a report is received, the Assistant Director for Student Integrity and Welfare (or designee) will conduct an initial review to assess whether the information provided indicates a potential violation of the Code of Student Conduct, the Office of Residence Life Handbook and Policies, or other applicable University policies. This preliminary review may include gathering additional information from relevant parties.

While each report will be evaluated on a case-by-case basis, the University generally considers the following non-exhaustive criteria when determining whether conduct might be reasonably be associated with a student organization:

• Did the conduct involve a recognized St. Mary’s University student organization?
• Did the incident occur on or off campus in connection with the organization?
• Was the incident related to an event sponsored, sanctioned, or promoted by the organization?
• Were one or more members of the same organization present during the incident?

Following this review, one of the following actions may be taken:

• Education Conversation: If the reported behavior raises concern but does not rise to the level of a policy violation, the Assistant Director for Student Integrity and Welfare (or designee) may meet with the student for an educational conversation. This meeting is intended to address the concerning behavior, reinforce community expectations, and clarify potential outcomes should similar concerns arise in the future.
• No Action: If the report lacks sufficient information to identify a responding student or to support an allegation of misconduct, no further action will be taken at that time. The report may be retained for documentation purposes in the event of future incidents occur involving the same individuals or behaviors.
• Conflict Resolution Options: The Assistant Director for Student Integrity and Welfare (or the Assistant Dean for Law Student Affairs for matters involving law students as the alleged) has the discretion to refer a complaint for mediation or other forms of appropriate conflict resolution. All parties must agree to mediation and to be bound by the decision with no review/appeal. Any unsuccessful mediation can be forwarded for formal processing and hearing; however, at no time will complaints of physical sexual misconduct or violence be mediated as the sole institutional response. The Assistant Director for Student Integrity and Welfare (or Assistant Dean for Law Student Affairs) may also suggest that complaints that do not involve a violation of the Code of Student Conduct be referred for mediation or other appropriate conflict resolution.
• Initiation of the Student Conduct Process: If there is reasonable cause to believe a policy violation has occurred, the Assistant Director for Student Integrity and Welfare (or designee) will initiate the student conduct process, as outlined in the procedures for Gatekeeping and Investigation.

Investigation Process

Upon receipt of a report alleging hazing, the Assistant Director for Student Integrity and Welfare (or designee), will review the report and determine if the alleged behavior, as described in the report, would constitute hazing as defined by the University. The Assistant Director for Student Integrity and Welfare (or designee) will also determine which University official(s) or office(s) have jurisdiction over the respondent(s). As it relates to the University’s Anti-Hazing policy, the term “respondent” refers to a student, a recognized or registered student organization, or an employee who is alleged to have engaged in hazing.

Preliminary Review and Interim-Administrative Actions

The Assistant Director for Student Integrity and Welfare (or designee), is empowered to take reasonable steps to obtain additional information that may be necessary to determine if a policy violation has been alleged or to determine if an investigation is warranted. The Assistant Director for Student Integrity and Welfare may consult with applicable University officials when determining which individual(s) or office(s) have jurisdiction over the respondent(s). When determining jurisdiction, the Assistant Director for Student Integrity and Welfare (or designee), will consider:

• the nature of the alleged conduct,
• the circumstances of the report, and
• whether the respondent is a person or a student organization subject to the University’s conduct standards.

These factors will also inform whether the procedures outlined in the Code of Student Conduct will be utilized to resolve the alleged misconduct. Allegations of hazing involving a student or a student organization, as defined herein, that is officially recognized by, or registered with, the University will be resolved using the procedures outlined in the Code of Student Conduct. Allegations involving other respondents will be resolved using the policies and procedures applicable to the respondent’s status.

Interim-Administrative Actions

In response to the report, the Assistant Director for Student Integrity and Welfare (or designee), may impose an interim administrative action on a respondent prior to the resolution when a threat of imminent harm to persons or property exists, and/or there is potential for significant disruption to the community that exists during the course of investigation.

If the respondent is an employee, the applicable University official(s) may impose interim administrative action consistent with the policies and procedures applicable to the employee.

Interim-administrative action is not a sanction. It is taken in an effort to protect the safety and well-being of individuals and the University community. Interim administrative action is preliminary in nature; it is in effect only until there is a resolution of the matter. The respondent who receives an interim-administrative action may request a meeting with the Vice President for Student Development/Dean of Students (or designee) to challenge the application of the Interim Administrative Action(s). Interim-administrative action(s) will remain in effect during the challenge.

Regardless of the outcome of a challenge meeting, the University will proceed with the Code of Conduct (or other related resolution processes) resolution process.  

Investigation Authority and Coordination

If an investigation is warranted, the Vice President for Student Development/Dean of Students (or designee), shall appoint one or more investigators to conduct a prompt, thorough, and impartial investigation. External investigators may be appointed at the discretion of the Vice President for Student Development/Dean of Students. Reports of alleged hazing that also allege violations of the University’s Equal Opportunity, Nondiscrimination, Sexual and Other Forms of Harassment will be coordinated between the Vice President for Student Development/Dean of Students (or designee), and the Executive Director of Humans Resources, who jointly serve as Title IX Coordinators to determine the appropriate investigation and/or resolution procedures.

Formal Notice

Once a determination is made by the Vice President for Student Development/Dean of Students (or designee) that an investigation is warranted, the Respondent– typically the Recognized Student Organization President, Risk Management Officer, University Campus Advisor, and Chapter Advisor (if applicable)– shall be provided with a written notice of allegations.

Notice will be in writing and may be delivered by one or more of the following methods:

• in person by the Assistant Director for Student Integrity and Welfare (or designee);
• mailed to the local or permanent address of the student as indicated in official University records;
• or emailed to the student’s University-issued email account.

Once mailed, emailed and/or received in-person, such notice will be presumed delivered. The letter of notice will:

• Include notice of allegations of a possible violation of St. Mary’s University’s Anti-Hazing policy;
• including interim administrative actions;
• notification of where to locate the Code of Student Conduct and;
• The University’s policies and procedures regarding investigations.

If the student organization has a national or oversight entity, that entity may be apprised of the University’s investigation at the discretion of the Vice President for Student Development/Dean of Students (or designee). The national or oversight entity cannot speak on behalf of or represent the student organization.

Reasonable efforts will be made to complete the investigation in a timely manner. Typically, the University will aim to complete an investigation into allegations of hazing within 45 business days of providing written notice of the investigation to the respondent, though investigations may extend beyond 45 business days as circumstances require.

During the investigation, the respondent will be provided with an opportunity to:

• provide information through an in-person or virtual interview,
• Submit a written account,
• provide the names of incident witnesses for possible interviews with the investigator(s),
• provide witness statements, and
• provide any documentation that may be relevant to the facts of the allegations.

However, the investigator(s) may consider information from any sources the investigator(s) deem relevant and credible.

The investigator(s) will make reasonable efforts to obtain relevant supporting documentation related to the allegations from other University official(s) or available resources.

Findings and Next Steps

Upon completion of the investigation, the investigator(s) will prepare an investigation report. The investigation report will summarize the information gathered and include detailed findings-of-fact regarding the behaviors in question.

The investigator(s) will submit an investigation report to the appropriate University official(s) with jurisdiction over the respondent(s). The applicable official(s) will determine whether the respondent(s) violated the University ’s Anti-Hazing policy using the resolution procedures applicable to the respondent(s). If the respondent(s) are found to have violated the University’s Anti-Hazing policy, the applicable official(s) will impose appropriate sanctions.  

All respondents will be informed, in writing, of the University’s findings and any sanctions imposed. Any opportunity for the respondent to appeal will follow the relevant policies and procedures applicable to the respondent.

Respondents who violate the University’s Anti-Hazing policy will be subject to conduct sanctions, which may include probation, loss of privileges, loss of recognized/registered status, mandatory training or education, suspension, expulsion, administrative leave, revocation of tenure, or termination. Respondents can also face sanctions under other University policies as well as criminal or civil penalties imposed under applicable law.

Any student organization recognized or established by the University that is found to be responsible for violating the University’s Anti-Hazing policy will be recorded in the Campus Hazing Transparency Report. However, all reports of hazing involving student organizations that occur in the University’s Clery Geography will be included in the crime statistics regardless of whether the organization is established or recognized by the institution.

Information Regarding Applicable Local, State, and Tribal Laws on Hazing

In addition to the University’s Anti-Hazing policy, members of the campus community should be aware of applicable jurisdictional laws pertaining to Hazing.

Local Laws

There are no applicable City of San Antonio laws or ordinances relating to hazing in the University’s jurisdiction.

State Laws

Texas Hazing Statute (Texas Education Code, Chapter 37, Subchapter F; Sections 37.151–37.157):

Definition of Hazing

• Hazing is any intentional, knowing, or reckless act—occurring on or off campus—by one person alone or in conjunction with others, directed against a student, that endangers the student’s mental or physical health or safety for the purpose of initiation, admission, affiliation, or continued membership in an organization.
• Acts include physical brutality, physical activity that risks harm, consumption of substances, or activities that cause mental stress, intimidation, or humiliation.
• Consent of the victim is not a defense.

Offenses and Penalties

• Individuals:
  • Hazing can be a Class B misdemeanor (general), or Class A misdemeanor (if it causes serious bodily injury), or a state jail felony (if it causes death).
• Organizations:
  • Student groups or organizations can also be held liable for hazing committed by members.
• Failure to Report:
  • It is an offense (Class B misdemeanor) for a person who has firsthand knowledge of a hazing incident to fail to report it to authorities.

Immunity

• A person who reports hazing in good faith and cooperates in an investigation is immune from civil or criminal liability for the report.

Mandatory Notice

Universities and colleges in Texas must publish a summary of the hazing law, including penalties, in their student handbooks and distribute it at the beginning of each academic year.

Tribal Laws

There are no applicable Tribal laws relating to hazing in the University’s jurisdiction.

Prevention and Awareness Programs

The University provides Hazing prevention and awareness programs that are informed by research, campus-wide in scope, and designed to reach all students, staff, and faculty. Programs address various topics, including:

• The University’s definition of Hazing, including a clear statement that the University prohibits Hazing;
• The definition of Student Organization, as it applies to the University’s Anti-Hazing policy;
• How to report hazing;
• The process the University will use to investigate reports of hazing;
• information on applicable local, State, and Tribal laws regarding hazing; and
• primary prevention strategies intended to stop hazing before it occurs.

These programs are part of the University ’s comprehensive strategy to prevent incidents of hazing before they occur. These programs also raise awareness about the University’s Campus Hazing Transparency Report that summarizes findings concerning student organizations established or recognized by the University that have been found responsible for violating the University’s Anti-Hazing policy. 

St. Mary’s provides comprehensive educational programming to students and employees focused on the prevention of hazing. The following is a list of training programs offered by St. Mary’s University that are designated to meet the SCHA training requirements and promote a safe co-curricular experience:

• Fraternity and Sorority Life – New Member 101
• Registered Student Organization’s Annual Risk Management Compliance
• Incoming Student Rights and Responsibilities Presentation
• Faculty and Staff Annual Campus Security Advisor Compliance Training
• Athletics – presentation led by Clery Compliance  

Responsibilities of Institutions

St. Mary’s University Federal and State Compliance: Hazing
Federal	State
Under Federal Law, H.R. 5646: Stop Campus Hazing Act Institutions of Higher Education (IHE) must develop a Campus Hazing Transparency Report (CHTR) that summarizes findings concerning any student organization found to be in violation of the IHE’s standards of conduct relating to hazing.   The CHTR shall be reviewed at least twice a year. Updates to the CHTR are required only when there is a new finding of a hazing violation involving an established, recognized student organization.   The CHTR must be maintained for at least 5 calendar years.	Under Texas SB 51, Sec. 51.936. Hazing   St. Mary’s University must publish a summary of the Texas hazing law and distribute or provide a link on the university’s website to a detailed report of organizations that have been disciplined for hazing or convicted of hazing on or off-campus during the previous three years.   This report must be made available to the entire Rattler student community no later than the 14th day before the first-class day of each fall or spring semester.
The CHTR must include: A statement notifying the public of the annual availability of hazing statistics in the ASR, as well as a link to the ASR; Information on the institution’s policies relating to hazing; Applicable local, state and tribal laws on hazing; and Information about student organizations that are found responsible for a hazing violation, including: The name of the student organization; A general description of the violation, including whether it involved the abuse or illegal use of alcohol or drugs, the findings of the institution, and any sanctions issued; Date of the hazing incident(s); Date the investigation was initiated; Date the investigation ended with a finding that hazing occurred; and Date that the notice of the outcome was issued to the student organization.	This report must contain the following items: The name of the organization disciplined or convicted The date on which the incident occurred, or the citation was issued The date on which the institution’s investigation into the incident, if any, was initiated A general description of the incident, the violation of the University’s Code of Student Conduct or the criminal charges as applicable, the findings of the institution or court, and any sanctions imposed by the institution, or any fines imposed by a court, on the organization The date on which the institution’s disciplinary process was resolved or on which the conviction became final, no later than 30 days after the date the incident was resolved
The report may include additional information required by other applicable reporting laws or as determined by the institution to be necessary.	In addition to being prominently posted on the University’s website, St. Mary’s University must also provide information about the nature and availability of this report to all incoming students during their Zaragoza orientation sessions.

Hazing Violations Within the Last Three Years

Hazing investigations were conducted on the following student organizations in the preceding three years prior to July 1, 2024:

Alpha Sigma Tau (Beta Theta Chapter), Spring 2023

Alpha Sigma Tau (Beta Theta Chapter)
Date of Conduct Process Resolution	April 30, 2023
Date of Initial Conduct Investigation	March 20, 2023
Date of Report to Insitution	March 3, 2023
Date of Hazing Incident or Violation	January 31, 2023, and February 25, 2023
General Description of Hazing Incident	New Members were asked to engage in wall sits, lineups, underage drinking, and ingestion of unwanted substances. Active members were asked to engage in a Scavenger Hunt and in underage drinking.
Rules Violations or Criminal Charges	Code of Student Conduct Section 4-4-4.
University Findings	Found responsible. Alcohol Misconduct – providing alcohol to minors. Hazing – scavenger hunt, calisthenics; line-ups, eating/ingestion of unwanted substances.
University Sanctions	Chapter Suspension until January 10, 2024; Completion of: Substance Abuse Education, Bystander Intervention, Hazing Education, RSO Risk Management Compliance. Chapter is recruitment ineligible through Fall 2023. Chapter Disciplinary Probation until May 2024.

In addition to the University Investigation, Alpha Sigma Tau Headquarters held a separate accountability and hazing investigation that resulted in the chapter being placed on probation until May 2024 and the permanent dismissal of offending members in the organization.