South Carolina Anti-Hazing Law

§ 59-101-200. Hazing prohibited; penalties.

(A) For purposes of this section:

(1) “Student” means a person enrolled in a state university, college, or other public institution of higher learning.
(2) “Superior student” means a student who has attended a state university, college, or other public institution of higher learning longer than another student or who has an official position giving authority over another student.
(3) “Subordinate student” means a person who attends a state university, college, or other public institution of higher learning who is not defined as a “superior student” in subitem (2).
(4) “Hazing” means the wrongful striking, laying open hand upon, threatening with violence, or offering to do bodily harm by a superior student to a subordinate student with intent to punish or injure the subordinate student, or other unauthorized treatment by the superior student of a subordinate student of a tyrannical, abusive, shameful, insulting, or humiliating nature.

(B) Hazing at all state supported universities, colleges, and public institutions of higher learning is prohibited. When an investigation has disclosed substantial evidence that a student has committed an act or acts of hazing, the student may be dismissed, expelled, suspended, or punished as the president considers appropriate.

(D) The provisions of Section 30-4-40(a)(2) and 30-4-70(a)(1) continue to apply to hazing incidents.

SECTION 59-101-210. Institutional reports of certain violations; contents; availability; redress for violations.

The “Tucker Hipps Transparency Act”-

(A)(1) Beginning with the 2016-2017 academic year, a public institution of higher learning, excluding technical colleges, shall maintain a report of actual findings of violations of the institution’s Conduct of Student Organizations by fraternity and sorority organizations formally affiliated with the institution.

(2) The report of actual findings of violations of the Conduct of Student Organizations is required for offenses involving:

(a) alcohol;

(b) drugs;

(d) physical assault; and

(e) hazing.

(3) The report of actual findings of violations must contain:

(a) the name of the organization;

(b) when the organization was charged with misconduct;

(d) the date the investigation was initiated;

(e) a general description of the incident, the charges, findings, and sanctions placed on the organization; and

(f) the date on which the matter was resolved.

(4) The report must include no personal identifying information of the individual members and shall be subject to the requirements of the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. 1232g.

(5) The institution shall update this report at least forty-five calendar days before the start of the fall and spring academic semesters.

(6) The institution shall provide reports required under this section on its Internet website in a prominent location. The webpage that contains this report must include a statement notifying the public:

(a) of the availability of additional information related to findings, sanctions, and organizational sanction completion;

(b) where a member of the public may obtain the additional information that is not protected under the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; and

(c) that the institution is required to provide this additional information pursuant to the South Carolina Freedom of Information Act.

(7) The institution shall furnish a printed notice of the nature and availability of this report and the website address where it can be found to attendees at student orientation.

(8) The institution shall maintain reports as they are updated for four years. Information that is four years old may be removed from the record by the institution as it updates its records.

(B) A public institution of higher learning shall submit to the Commission on Higher Education a statement within fourteen calendar days that the reports have been updated as required in subsection (A)(4). The commission shall publish on their webpage a link to the institution’s updated reports.

(C) A member of the public who believes that an institution is not complying with the information disclosure required under this section may seek relief as provided for under the South Carolina Freedom of Information Act.

Click here to see the institution reports.

SECTION 59-63-275. Student hazing prohibited; definitions.

(A) For purposes of this section:

(1) “Student” means a person enrolled in a public education institution.
(2) “Superior student” means a student who has attended a state university, college, or other public education institution longer than another student or who has an official position giving authority over another student.
(3) “Subordinate student” means a person who attends a public education institution who is not defined as a “superior student” in item (2).
(4) “Hazing” means the wrongful striking, laying open hand upon, threatening with violence, or offering to do bodily harm by a superior student to a subordinate student with intent to punish or injure the subordinate student, or other unauthorized treatment by the superior student of a subordinate student of a tyrannical, abusive, shameful, insulting, or humiliating nature.

(B) Hazing at all public education institutions is prohibited. When an investigation has disclosed substantial evidence that a student has committed an act or acts of hazing, the student may be dismissed, expelled, suspended, or punished as the principal considers appropriate.

SECTION 16-3-510. Hazing unlawful; definitions.

It is unlawful for a person to intentionally or recklessly engage in acts which have a foreseeable potential for causing physical harm to a person for the purpose of initiation or admission into or affiliation with a chartered or nonchartered student, fraternal, or sororal organization. Fraternity, sorority, or other organization for purposes of this section means those chartered and nonchartered fraternities, sororities, or other organizations operating in connection with a school, college, or university. This section does not include customary athletic events or similar contests or competitions, or military training whether state, federal, or educational.

SECTION 16-3-520. Unlawful to assist in or fail to report hazing.

It is unlawful for any person to knowingly permit or assist any person in committing acts made unlawful by § 16-3-510 or to fail to report promptly any information within his knowledge of acts made unlawful by § 16-3-510 to the chief executive officer of the appropriate school, college, or university.

SECTION 16-3-530. Penalties.

Any person who violates the provisions of Sections 16-3-510 or 16-3-520 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed five hundred dollars or by imprisonment for a term not to exceed twelve months, or both.

SECTION 16-3-540. Consent not a defense.

The implied or express consent of a person to acts which violate Section 16-3-510 does not constitute a defense to violations of Sections 16-3-510 or 16-3-520.