Higher educational institutions, nonprofit and public; hazing policies.
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SB 439 — Higher educational institutions, nonprofit and public; hazing policies.
Last action — Approved by Governor-Chapter 694 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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5 sponsors
1 primary, 4 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Institutions of higher education; hazing; policies. Establishes mandates at nonprofit private institutions of higher education and public institutions of higher education relating to hazing and defines different types of organizations at such institutions to which the mandates apply. The bill requires each such institution to provide to each current member, new member, and potential new member of each student organization with new members hazing prevention training that includes extensive, current, and in-person education about hazing, the dangers of hazing, including alcohol intoxication, and hazing laws and institution policies and information explaining that the institution's disciplinary process is not to be considered a substitute for the criminal legal process and provides that if a student organization with new members has an advisor, such advisor shall receive such hazing prevention training. The bill requires the governing board of each institution to include as part of its policy, code, rules, or set of standards governing sexual violence a provision for immunity from disciplinary action based on hazing or personal consumption of drugs or alcohol where such disclosure is made in conjunction with a good faith report of an act of hazing in advance of or during an incident of hazing that causes injury to a person. Beginning with the 2022–2023 academic year, the bill requires each institution to maintain and publicly report actual findings of violations of the institution's code of conduct or of federal or state laws pertaining to hazing that are reported to campus authorities or local law enforcement. This bill shall be known as Adam's Law. This bill is identical to HB 525.
Bill Text
What changed in the latest version
93 added · 89 removedPlain-language change summary
The amended version of Bill SB 439 adds a specific article on hazing within the Code of Virginia, establishing clear definitions and terms related to this issue in higher education. Key definitions, such as "hazing," "institution of higher education," and "new member," are included to ensure clarity and a common understanding of these terms. This change is important because it sets a legal framework for addressing hazing in colleges and universities, aiming to improve campus safety and hold organizations accountable for their practices.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E694 An Act to amend the Code of Virginia by adding in Chapter 8 of Title 23.1 an article numbered 4, consisting of sections numbered 23.1-819 through 23.1-822, relating to institutions of higher education;
policies.redpolicies. 23.1-819 through 23.1-822, relating to institutions of higheR O [S 439] L Approved L Be it enacted by the General Assembly of Virginia:
E[S 1.439] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
That1. the Code of Virginia is amended by adding in Chapter 8 of Title 23.1 an article numbereD 4, consisting of sections numbered 23.1-81Article 4.23.1-822, as follows:
That the Code of Virginia is amended by adding in Chapter 8 of Title 23.1 an article numbered 4, consisting of sections numbered 23.1-819 through 23.1-822, as follows:
Article 4.
For the purposes of this article, unless the context requires a different meaning:
a different meaning:
B "Local organization" means a group that is not chartered or recognized by an institution or 3a national organization but is composed of members who are students at such institution and the institution is aware of the local organization's existence or becomes aware of its existence afEerafter a hazing incident is reported to the institution.
R "New member" means an individual who has been offered an invitation for membership in a student organization with new members but has not yet been initiated and is not recognized as a full member of the organization.
"New member event" means an official event or gathering hosted by a student organization with new members prior to new members of such organization being initiated into the organization to which all new members and members of the student organization hosting the event are invited or are instructed to att"Potentialattend. new member" means an individual who has expressed interest in joining a student organization with new members by signing up to go through a recruitment process for such organization or organizations.
"Potential new member" means an individual who has expressed interest in joining a student organization with new members by signing up to go through a recruitment process for such organization or organizations.
"Student organization with new members" means a student organization officially recognized by an institution of higher education structured in such a way that upon invitation for membership, individuals do not automatically become members of such organization and have a period of time between invitation for membership and being initiated into membership.
Each institution shall provide to each current member, new member, and potential new member of each student organization with new members hazing prevention training that includes extensive, current, and in-person education about hazing, the dangers of hazing, including alcohol intoxication, and hazing laws and institution policies and information explaining that the institution's disciplinary process is not hasto anbe advisor,considered sucha advisorsubstitute shallfor receivethe suchcriminal hazinglegal preventionprocess. training.organization with new members § 23.1-821.
If a student organization with new members has an advisor, such advisor shall receive such hazing prevention training.
§ 23.1-821.
investigateB. such acts and the students involved in such acts.ution shall use its disciplinary process to C.
NothingUpon inlearning this section shall be construed to prohibit the governing board of any institutionalleged fromact of 2hazing, requiringeach accessinstitution toshall servicesuse toits support individuals who receive disciplinary immunityprocess in accordance with the provisions of subsection A, including (i) counseling specific to alcoholinvestigate abusesuch oracts drug abuse, or both, or (ii) inpatient or outpatient (a) alcohol counseling or treatment programs, (b) drug counseling or treatment programs, or (c) both alcohol and drugthe counselingstudents orinvolved treatmentin programs.such acts.
C.
Nothing in this section shall be construed to prohibit the governing board of any institution from requiring access to services to support individuals who receive disciplinary immunity in accordance with the provisions of subsection A, including (i) counseling specific to alcohol abuse or drug abuse, or both, of 2 or (ii) inpatient or outpatient (a) alcohol counseling or treatment programs, (b) drug counseling or treatment programs, or (c) both alcohol and drug counseling or treatment programs.
View plain text versions (5)
- CHAP0694 View text Current pdf April 11, 2022
- SB439ER View text pdf March 07, 2022
- Committee Substitute Committee substitute printed 22106812D-H1 pdf February 23, 2022
- Committee Substitute Committee substitute printed 22104833D-S1 pdf January 20, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22103970D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 694 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Impact statement from DPB (SB439ER)
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Signed by Speaker
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Signed by President
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Enrolled
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Title replaced 22106812D-H1
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House substitute agreed to by Senate (40-Y 0-N)
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VOTE: Passage (98-Y 1-N)
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Passed House with substitute (98-Y 1-N)
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Engrossed by House - committee substitute SB439H1
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Committee substitute agreed to 22106812D-H1
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Read third time
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Read second time
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Reported from Education with substitute (19-Y 1-N)
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Committee substitute printed 22106812D-H1
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Referred to Committee on Education
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Read first time
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Placed on Calendar
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Read third time and passed Senate (38-Y 0-N)
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Passed by for the day
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Engrossed by Senate - committee substitute SB439S1
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Committee substitute agreed to 22104833D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (37-Y 0-N)
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Committee substitute printed 22104833D-S1
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Senate committee, floor amendments and substitutes offered
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Reported from Education and Health with substitute (14-Y 0-N 1-A)
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Senate committee, floor amendments and substitutes offered
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Senate subcommittee amendments and substitutes offered
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Assigned Education sub: Higher Education
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Referred to Committee on Education and Health
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Prefiled and ordered printed; offered 01/12/22 22103970D
Sponsors
- Jennifer B. Boysko · Primary
- Jennifer L. McClellan · Cosponsor
- Adam P. Ebbin · Cosponsor
- Ghazala F. Hashmi · Cosponsor
- Kathleen Murphy · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 143 not signed on · 1 voted No
Sponsors (1)
Co-sponsors (4)
- Jennifer L. McClellan
- Adam P. Ebbin
- Ghazala F. Hashmi
- Murphy, Kathleen
Not signed on (143)
143 members have not signed on to this bill.
Show all 143 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 1 | 0 | 1 |
| Total | 97 | 1 | 0 | 1 |
| % of votes cast | 98% | 1% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 1 | 0 | 2 |
| Total | 19 | 1 | 0 | 2 |
| % of votes cast | 86% | 5% | 0% | 9% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Greenhalgh, Karen S. | — | Yea |
| Anne Ferrell Tata | — | Yea |
| Avoli, G. "John" | — | Yea |
| Batten, Amanda E. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Briana D. Sewell | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Davis, Glenn R. | — | Yea |
| Delores L. McQuinn | — | Yea |
| Filler-Corn, Eileen | — | Yea |
| Freitas, Nicholas J. | — | Not Voting |
| Guzman, Elizabeth R. | — | Yea |
| LaRock, Dave A. | — | Yea |
| Maldonado, Michelle Lopes | — | Yea |
| McGuire, John J., III | — | Not Voting |
| Mike A. Cherry | — | Yea |
| Sam Rasoul | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Shelly A. Simonds | — | Yea |
| Subramanyam, Suhas | — | Yea |
| Tara A. Durant | — | Yea |
| Wampler, William C., III | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 1 |
| Total | 14 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| David R. Suetterlein | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Edwards, John S. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark J. Peake | — | Yea |
| Newman, Stephen D. | — | Not Voting |
| Petersen, J. Chapman | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Todd E. Pillion | — | Yea |
Subjects
Frequently asked questions
- What does SB 439 do?
- Institutions of higher education; hazing; policies. Establishes mandates at nonprofit private institutions of higher education and public institutions of higher education relating to hazing and defines different types of organizations at such institutions to which the mandates apply. The bill requires each such institution to provide to each current member, new member, and potential new member of each student organization with new members hazing prevention training that includes extensive, current, and in-person education about hazing, the dangers of hazing, including alcohol intoxication, and hazing laws and institution policies and information explaining that the institution's disciplinary process is not to be considered a substitute for the criminal legal process and provides that if a student organization with new members has an advisor, such advisor shall receive such hazing prevention training. The bill requires the governing board of each institution to include as part of its policy, code, rules, or set of standards governing sexual violence a provision for immunity from disciplinary action based on hazing or personal consumption of drugs or alcohol where such disclosure is made in conjunction with a good faith report of an act of hazing in advance of or during an incident of hazing that causes injury to a person. Beginning with the 2022–2023 academic year, the bill requires each institution to maintain and publicly report actual findings of violations of the institution's code of conduct or of federal or state laws pertaining to hazing that are reported to campus authorities or local law enforcement. This bill shall be known as Adam's Law. This bill is identical to HB 525.
- Who sponsors SB 439?
- SB 439 is sponsored by Jennifer B. Boysko, Jennifer L. McClellan, Adam P. Ebbin, Ghazala F. Hashmi, and Murphy, Kathleen.
- What is the current status of SB 439?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 439?
- Track SB 439 free on One Click Politics — get push/email alerts when it moves.
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