Appendix M

Hate and Bias Incident Response Protocol (Reference to Section 102.11)

I. PREFACE

In order to carry on its work of teaching, research, and public service, the University has an obligation to maintain an educational environment, in accordance with the highest standards of quality, institutional integrity, mutual respect, and freedom of expression.
The University understands and recognizes the importance of freedom of speech, expression, and assembly to its mission as an institution of higher learning. The University also acknowledges that incidents motivated by hate and bias can demoralize and intimidate members of our educational community.

While the University recognizes that it cannot heal all wounds or correct all injustice, it can and will uphold both the need for respect and understanding and the right of free speech, by choosing an apt response to each incident. Thus, crimes, especially those motivated by hate or bias, will be investigated and prosecuted to the fullest extent. Civil rights violations will be addressed by state or federal agencies and campus administrative processes. Discriminatory acts or breaches of campus conduct standards can be disciplined or subject to grievance. Even if an act cannot be punished, the University can respond by creating a public forum for discussion, providing assistance, facilitating communication, initiating outreach and education programs, and promoting its community ideals of respecting the dignity of each individual, whatever the individual's background or personal characteristics.

II. DEFINITIONS

Hate and bias related incidents may be defined as follows:

A. Hate Crimes:

A hate crime is a crime motivated by hatred or bias against an individual's actual or perceived personal characteristics (race, ethnicity, religion, ancestry, color, nationality, gender, age, disability, or sexual orientation.) Some examples of hate crimes include assault, stalking, or vandalism.

Crimes are subject to prosecution under state penal codes or federal law. Criminal subjects can be arrested, tried and imprisoned, and are entitled to due process (e.g., trial by jury, proof beyond a reasonable doubt). University students who commit crimes are subject not only to criminal prosecution, but also to disciplinary action by the University.

A crime is a hate crime only if it is motivated by hatred or bias. Crimes proven to be hate-motivated carry enhanced criminal and civil penalties (e.g., longer prison terms or larger fines). See, e.g., California Penal Code Sections 422.6, 422.7, and 1170.75; and Civil Code Sections 51.7 and 52.1

B. Bias Related Incident:

A bias-related incident, in contrast, is a non-criminal act motivated by bias against a specific target or group based on actual or perceived personal characteristics. These personal characteristics include race, ethnicity, religion, ancestry, color, nationality, gender, age, disability, or sexual orientation. Many statements or acts motivated by hate or bias are not crimes, no matter how offensive, hurtful, or intolerant. In and of themselves, name-calling, distributing hateful flyers, or wearing Nazi insignia are not "hate crimes." However, some bias-related incidents may constitute discrimination which may be remedied through the complaint process of the Office of Equal Opportunity and Diversity. Bias-related incidents may be subject to disciplinary action by the University if the student responsible is identified and the action is determined to be a violation of Section 102 of The University of California Policies Applying to Campus Activities, Organizations, and Students. If no violation of Section 102 has occurred, bias-related incidents may be addressed through methods of conflict mediation and dialogue.

III. PROCESS TO FOLLOW

A. Establish a record of the act by immediately reporting the incident to one of the following offices: Office of the Dean of Students, Campus Police, Housing, Counseling Center, Disability Services, Academic Counseling Office, The Center for Women and Men, The Lesbian, Gay, Bisexual, Transgender Resource Center, Cross Cultural Center, Office of Equal Opportunity and Diversity or the International Center.

1. Regardless of the origin of the report, the incident should ultimately be referred to the Office of the Dean of Students, where a written record will be maintained. The Office of Equal Opportunity and Diversity will be involved as part of a team in the assessment, review and final determination of the case.

2. If the incident involves a crime, the Campus Police will be immediately involved to respond to the criminal aspects of the case and, as appropriate, will launch its own investigation to be coordinated with the Office of the Dean of Students.

3. In determining whether the alleged conduct constitutes disability harassment/retaliation, which would be a violation of the American with Disabilities Act, it is most appropriate to refer the case to the Office of Equal Opportunity and Diversity.

B. In reporting the incident, a photograph of the physical damage or a copy of the printed material should be submitted as part of the record.

C. The particular elements of the incident need to be addressed at the time the initial report is submitted (i.e. suspected motive, time, place, how it was discovered and any other extenuating circumstances).

D. If there is sufficient proof or documentation to identify the offender, the offender will be contacted by the appropriate housing office if the offender lives in any UCI student housing.

E. If it is determined that a violation of Section 102 of the University of California Policies Applying to Campus Activities, Organizations, and Students has occurred, the Director, Student Judicial Affairs in the Office of the Dean of Students is expected to respond as quickly as possible, according to the steps outlined in Section103.00, Student Discipline Procedures. (Depending on the extent and severity of the incident, mediation may be considered as the preferred process for resolution.)

F. Depending on the extent and severity of the violation, an open letter to the campus community may be sent at this time.

G. Depending on the extent and severity of the violation, possible outcomes may include voluntary counseling, education, assessment of a fine, restitution services, sanctioning within housing, including eviction from and exclusion from housing areas, and/or suspension or dismissal from UCI.

H. Protection against retaliation for the complainant as well as protection of due process for the alleged offender are built into the relevant UC policies and procedures

For further information, assistance, or to file a complaint, please contact any of the following offices: