Effective Date: August 1, 2024
Issuing Authority: Provost
Policy Contact: Vice President of Student Affairs/Dean of Students, 478-301-2685
Purpose
Mercer University believes that the safety and wellbeing of the student body and Mercer community are of utmost importance to foster a positive educational environment that upholds the University’s Community of Respect doctrine. Hazing is a serious violation of this goal and potentially undermines and threatens the mental and physical wellbeing of our students. Therefore, Mercer is actively committed to addressing hazing and maintains an Anti-Hazing Policy in accordance with the Max Gruver Act that was adopted on July 1, 2021, in the State of Georgia.
Scope
This policy applies to all students at Mercer University.
Exclusions
None
Definitions
As used in this policy, the following terms have the meaning specified below:
Hazing: any act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is a violation of this rule. Specific examples of acts which may constitute hazing include but are not limited to:
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- the wearing of signs or advertisements;
- quests, treasure or scavenger hunts;
- acts of servitude;
- acts that embarrass, harass, or ridicule an individual;
- acts that create excessive fatigue;
- morally degrading or humiliating games or activities;
- acts which destroy or remove public or private property;
- acts which violate federal or state law;
- consuming any food, liquid, alcoholic liquid, drug, or other substance in a manner which subjects the student to a risk of emotional, mental, or physical harm, including sickness, vomiting, intoxication, or unconsciousness;
- experiencing threatened or actual exposure to physical injury, including injury resulting from whipping, beating, paddling, branding, dangerous physical activity, or exposure to elements;
- experiencing threatened or actual exposure to mental injury, including injury resulting from activity adversely affecting the mental health or dignity of the individual, sleep deprivation, exclusion from social contact, or conduct that could result in extreme embarrassment; or
- any action not covered above but defined as hazing in the Max Gruver Act, O.C.G.A. 16-5-61.
Student: all persons either registered or taking courses at Mercer University, both full-time and part-time, pursuing undergraduate, graduate, or professional studies, or who may reside in Mercer University housing including residence halls, apartments, and Mercer Lofts. This policy includes non-degree seeking students. Persons who are not officially enrolled for a particular term but who have a continuing relationship with Mercer University are considered students (e.g., students enrolled in another college for a term, between semesters, internships, and admitted students).
Policy Statement
Hazing is strictly prohibited at all Mercer campus locations and in all programs and organizations affiliated with Mercer, whether on or off campus. All reports of suspected hazing are investigated under the Student Code of Conduct. Student organizations suspected of hazing will be investigated as outlined under our procedures for Non-Academic Misconduct Process for Student Organizations. If a student or student organization is in violation of the Anti-Hazing Policy, the student or organization may be subject to discipline, including but not limited to probation, suspension, or expulsion.
Criminal Prosecution and Punishment for Hazing
In addition to investigation and discipline by Mercer University, hazing violations may lead to
criminal prosecution and punishment. On July 1, 2021, Georgia enacted the Max Gruver Act,
which increases the criminal and civil penalties related to hazing. Hazing is a crime and
punishable by up to five years imprisonment or a fine of up to $50,000.00. Hazing is a crime
regardless of whether the victim consents, and consent is not a defense to hazing under the law.
Any person acting in good faith and in a timely manner who reports or participates in reporting an allegation of hazing to law enforcement or school officials upon learning of the hazing and who takes reasonable steps to prevent the hazing shall not be subject to civil or criminal liability arising from the reported hazing incident under Georgia law.
Any person acting in good faith and in a timely manner shall not be subject to administrative, civil, or criminal liability related to alcohol or drug possession, consumption, or distribution if a law enforcement official or school official has contact with the person because the person:
(A) Requests emergency medical attention for himself or herself or another person who
needs or appears to need medical attention because of an injury or alcohol or drug consumption related to alleged hazing;
(B) Acts in concert with another person who requests emergency medical attention for
himself or herself or another person who needs or appears to need medical attention
because of an injury or alcohol or drug consumption related to alleged hazing; or
(C) Appears to be in need of emergency attention because of an injury or alcohol or drug
consumption related to alleged hazing.
The criminal definition of hazing and the criminal penalties for hazing can be found in the Max
Gruver Act, O.C.G.A. § 16-5-61.
How to Report a Known or Suspected Hazing Violation
In accordance with Mercer University’s Student Code of Conduct, each student is responsible for reporting any and all infractions of the standards valued by the Community of Respect. All students accept this responsibility when they enroll. If a student sees, knows, or hears of a violation, he/she is responsible for reporting the suspected violation to Mercer Police and/or the Vice President of Student Affairs. Any employee or agency within the University that becomes aware of hazing should immediately notify Mercer Policy and/or the Vice President for Student Affairs.
The process for reviewing a report is initiated by: (1) the filing of a police report with Mercer
University Police Department (or other law enforcement agency); (2) providing a signed written
statement directly to the Vice President of Student Affairs (or designee); or (3) submitting an
anonymous report. This information will then be reviewed by the designated authority to determine the appropriate action to be taken. This may result in conducting further investigation into the incident, resolving the conflict in an informal manner, or initiating charges in accordance with the procedures contained in the Student Code of Conduct. You may also call Mercer Police, the Vice President for Student Affairs and Dean of Students Office, or the Office of Student Conduct Resolution:
Mercer Police: 478-301-4357 (Macon) / 678-547-6358 (Atlanta)
Vice President for Student Affairs and Dean of Students Office: 478-301-2685 (Macon) /
678-547-6824 (Atlanta)
Office of Student Conduct Resolution: 478-301-2866
Public Reporting of Hazing Violations
In accordance with the Max Gruver Act, O.C.G.A. § 20-1-31, Mercer maintains and publicly
reports the findings of violations of Mercer’s Student Code of Conduct and/or federal or state laws related to hazing that are reported to school officials, law enforcement officials, national organizations, or any organization formally affiliated with Mercer. Additional information is available related to findings, sanctions, and whether the sanctioned organization complied with the imposed sanctions, in the Office of Campus Life, Office of Student Conduct Resolution, or Vice President for Student Affairs and Dean of Students Office. This information is provided under the authority of O.C.G.A. § 50-18-4. Mercer maintains the reported hazing violations for five years from the date of publication for each violation.