Why It Matters
Louisiana lawmakers are moving to close a loophole that has made it significantly harder for colleges and universities to discipline students and organizations involved in deadly or severely harmful hazing incidents. The proposal comes after a 2024 law raised the evidentiary standard for student disciplinary proceedings, which university administrators say has made it nearly impossible to hold anyone accountable for hazing-related harm on campus.
The legislation directly affects how Louisiana’s public and private institutions handle some of the most serious misconduct cases, with implications for student safety, Greek life oversight, and campus accountability statewide.
What Happened
The Louisiana House Education Committee advanced House Bill 738 on Wednesday, March 26, 2026. The bill was introduced by Rep. Dixon McMakin, R-Baton Rouge, and is designed to amend legislation he successfully passed in 2024 that overhauled the evidentiary standard used in student disciplinary cases.
McMakin’s 2024 law required Louisiana colleges and universities to use a “clear and convincing evidence” standard in any disciplinary case where the potential punishment is expulsion or a suspension of at least 10 days. That standard, borrowed from certain civil court proceedings, requires administrators to find that a student’s guilt is substantially more probable than not — a significantly higher bar than the previous standard.
Before the 2024 law, administrators could hold a student responsible if evidence suggested it was slightly more likely than not that a policy violation occurred — essentially a preponderance standard that required just over a 50% likelihood of guilt. University officials say the higher threshold has since made it extremely difficult to discipline hazing participants, particularly because school administrators lack the investigative authority available to law enforcement and courts.
House Bill 738 would create an exception to the higher standard. Under the new proposal, schools could revert to the lower evidentiary threshold when a suspected hazing incident results in death, a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or the prolonged loss or impairment of a limb, organ, or mental capacity. Hazing incidents that result in lesser harm — including bodily injury or trauma that does not meet those criteria — would still require the higher clear and convincing evidence standard.
McMakin, a former Kappa Sigma fraternity member and LSU graduate, has been actively involved in Greek life policy as a legislator. Kappa Sigma’s LSU chapter was under investigation for alleged criminal hazing as recently as last fall, according to local news outlet WAFB-TV. McMakin has said the bill is aimed at protecting students while also ensuring their rights are upheld during disciplinary proceedings.
By the Numbers
- 10 days: The minimum suspension length that currently triggers the higher clear and convincing evidence standard under Louisiana’s 2024 law.
- 50%+: The approximate likelihood of guilt required under the former, lower evidentiary standard used in student discipline cases.
- 2017: The year LSU student Max Gruver died following a hazing ritual at the Phi Delta Theta fraternity house, a case that has continued to influence Louisiana hazing legislation.
- 2024: The year McMakin’s original evidentiary standard legislation was enacted, setting the stage for the current clarifying bill.
- 6 categories of harm: The specific injury thresholds — including death, unconsciousness, and permanent disfigurement — that would qualify for the lower evidentiary standard under HB 738.
Zoom Out
Louisiana is not alone in revisiting its hazing laws. Across the United States, states including Florida, Michigan, and Illinois have tightened anti-hazing statutes in recent years following high-profile deaths at fraternities and other student organizations. Many states have adopted versions of “anti-hazing” laws that increase criminal penalties, mandate reporting by bystanders, and expand institutional liability for Greek organizations.
The challenge of balancing student due process rights with institutional accountability for hazing has emerged as a recurring legislative tension nationwide. The shift toward higher evidentiary standards in student discipline — prompted in part by federal guidance on Title IX proceedings — has created complications beyond hazing cases, affecting how universities handle misconduct allegations more broadly.
The death of Max Gruver at LSU in 2017 remains a defining moment in Louisiana’s ongoing legislative response to hazing, and his case has been cited repeatedly as lawmakers consider how to strengthen existing statutes.
What’s Next
House Bill 738 will next advance to the full Louisiana House of Representatives for a floor vote following its committee approval. If passed by the full House, the bill would move to the Louisiana Senate for consideration. Should it clear both chambers, the legislation would head to Gov. Jeff Landry’s desk for signature. Louisiana’s 2026 legislative session is ongoing, and the bill’s timeline will depend on the legislative calendar in the weeks ahead.