Hate Incident and Crime Protocol

Owner: Safety and Security
Pertains to: All students, faculty, and staff
Description: Hamline is dedicated to maintaining a respectful environment free from all forms of harassment, hostility, and violence. Any act that has the purpose or effect of unreasonably or substantially interfering with an individual's safety and security by creating an intimidating, hostile, or offensive educational or working environment will not be permitted.
Details:

Statement of Purpose

Hamline values the right to free speech and the open exchange of ideas and views in our academic community. We, as a community, are committed to embracing multiculturalism, inclusiveness, and all forms of diversity. Hamline is dedicated to maintaining a respectful environment free from all forms of harassment, hostility, and violence. Any act that has the purpose or effect of unreasonably or substantially interfering with an individual's safety and security by creating an intimidating, hostile, or offensive educational or working environment will not be permitted.

Hate incidents and crimes, as defined below, perpetrated by any student or employee of the university will not be tolerated in our community and may also be punishable by federal and state law. Possible penalties for those found guilty of perpetrating a hate incident include probation, suspension, expulsion, termination of employment, and/or civil or criminal lawsuits. Hate incidents and crimes will be adjudicated in the Student Judicial Process, the Law School Code of Conduct, and/or the Discrimination and Harassment Policy/Procedures, and/or by federal, state, or local authorities.

Hamline University will respond to hate incidents in order to achieve the outcomes listed below:

  1. Re-assert the values of the community, which as a whole are diminished by hate incidents.
  2. Respond to the needs of the victim by following the measures as outlined.
  3. React responsibly to identify and prosecute the perpetrator of the hate incident or hate crime.
  4. Re-establish a sense of safety and security on the campus and the surrounding community

Definition of Hate Incidents and Hate Crimes

Hate Incident
Hamline University defines a hate incident as a speech, act, or harassing action that targets, threatens, or attacks an individual or group because of their actual or perceived race, color, national origin, ethnicity, religious affiliation, gender, disability, or sexual orientation.

Hate Crime
Some hate incidents may also be hate crimes under federal law, or bias-motivated crimes under Minnesota law or Saint Paul city ordinances. Generally, a hate crime is any crime in which the defendant intentionally selects the victim, or, in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, national origin, ethnicity, gender, disability, or sexual orientation of any person.

If a hate incident reasonably appears to be a hate crime under federal law, or a bias-motivated crime under Minnesota law or Saint Paul city ordinances, Hamline will report the hate incident to the appropriate federal, state, or local authorities. Hamline's reporting of a hate crime to these authorities does not preclude the filing of a complaint under Hamline's Student Judicial Code, Law School Code of Conduct, or Harassment and Discrimination Policy.

Examples of hate crimes/incidents:

The kinds of incidents, which may constitute a hate incident or a hate crime, include but are not limited to:

  • Racial graffiti targeted at an individual in a public space such as a restroom or hallway. (Hate incident)
  • A student who is believed to be gay is targeted and physically assaulted after leaving a dance sponsored by Spectrum (the campus gay, lesbian, bisexual, and transgender organization). (Hate crime)
  • Verbal or written slurs, epithets, jokes, comments, or terms based on an individual's ability status (this includes chalking). (Hate incident)

While they may be offensive to some, incidents, which do not constitute a hate incident or a hate crime, include but are not limited to:

  • Students are upset because a professor assigns a reading written by a white supremacist.
  • In an art class, students are required to attend an art exhibition by a prominent gay artist. Several students are offended by being forced to view this exhibition.
  • Members of the campus Muslim community are upset when an all campus event is held on a Muslim holy day.

Hate Incident/Crime Procedure

What happens if I am a victim of a hate incident?

Please note: If you are in physical danger always call 911 immediately

  1. The victim reports the incident to the Safety and Security Office (x2100). The victim and/or witnesses should avoid touching the objects or area where the incident or crime occurred. If possible, they should remain with the evidence until Safety and Security arrives to preserve or record the evidence (e.g., chalking, graffiti, dry erase boards, etc.)
  2. Safety and Security will dispatch an officer to the scene. Safety and Security will document the evidence. After the investigation of the scene, Safety and Security will take steps to remove and secure any evidence.
  3. During the follow-up, a professional staff member will assess the situation, assist the victim(s), and contact other resources as needed, which may include:
    a. Student Judicial Officer
    b. Dean of Students, Student Affairs office
    c. Assistant Dean of Students of Law School
    d. Dean of schools
    e. Counseling & Health Services
    f. Multicultural & International Student Affairs
    g. Community Relations
    h. Religious and Spiritual Life Office
    i. Ombuds service
    j. Human Resources
  4. If a crime has been committed, Safety and Security will call or assist the victim in calling the St. Paul Police Department to report the incident.
  5. The Dean of Students in Student Affairs will use the Community Response Team to ensure that the procedure is followed and ensure that adequate support is given to the victim. The designated leader of the response team will follow up with the victim to discuss the incident and the on-going investigative steps.
  6. The university will conduct an in-depth investigation that may include interviewing individuals involved, potential witnesses, or suspects by Safety and Security staff, the Judicial Officer, Dean of Students, the Provost's Office, and/or St. Paul Police officers. All appropriate investigative methods and resources will be used. If the investigation identifies potential parties as suspects, the incident/crime will be reported to the appropriate authority - judicial officer, grievance office, St. Paul Police.
  7. After consultation with the victim and the investigation team, a decision will be made whether or not to notify the campus community of the hate incident or hate crime. The decision will be made based on campus safety and respect for the victim’s privacy. Notification will usually occur within two business days after the reported incident.
  8. The community will receive follow-up information as it is appropriate (refer to Community Hate Incident Notification Procedures below).

Rights of the victim(s)

The university will provide assistance in assuring the rights of the victim(s) as listed below. Specifically, the victim(s) has/have the right:

  • To remain anonymous
  • To request and receive information about the investigation at any time
  • To receive counseling services from Counseling & Health Services
  • To receive campus Escorts at any time for as long as the victim(s) feel(s) the service is needed
  • To contact community resources such as social services, counseling services, or legal counsel
  • To be consulted upon termination of the investigation
  • To seek assistance from Hamline authorities

Community Hate Incident/Crime Notification Procedures

Because hate incidents and hate crimes are an affront to the entire community, if one occurs, the entire Hamline University community should be informed. Notification about hate incidents is necessary both to protect the safety of community members, as well as to raise campus awareness. Notification is necessary for facilitating the healing process for the targeted person, group, and the entire community through campus dialogue and collective problem solving.

A Hate Incident/Crime Notice will be issued if:

  • The incident occurred on campus.
  • The incident occurred to a Hamline community member in the neighborhood surrounding campus.

A Hate Incident/Crime Notice will include:

  • A brief description of the incident with non-identifying language in order to protect the identity of the victim(s).
  • Information or description of the perpetrator still at large.
  • Information about a campus contact where community members can report additional information related to the incident.
  • Information about Hamline's Hate Incident Report Policy.

Methods of circulation of a Hate Incident/Crime Notice may include but are not limited to:

  • Security alerts on brightly colored paper, posted around campus.
  • Notices in campus news sources such as the Oracle, Inside Hamline, and electronic mail.
  • In response to a severe and/or recurring incident, such as a physical assault or death threat, an immediate all-campus notice should be sent to the community through campus email and /or other campus communication.
  • In response to a severe and/or recurring incident, a campus dialogue should be called and other appropriate measures will be taken depending on the circumstances.

Community Expectations Regarding Hate Crimes/Incidents

Hamline University commits itself to creating a diverse and collaborative community of learners dedicated to the development of students' knowledge, values and skills for successful lives of leadership, scholarship, and service. If this purpose is to be achieved, every member of this community has a responsibility to create a welcoming, respectful, and supportive community. We are responsible for building, supporting, and sustaining the community we envision.

We are all responsible for maintaining a respectful environment free from all forms of harassment, hostility, and violence. Specifically, all faculty, staff, and students are expected to actively participate in achieving community through the following actions:

  • Speak out against, denounce, and/or interrupt all forms of hate (harassment, hostility, violence, etc.), which threaten the safety, dignity, and well-being of members of this community.
  • Report acts of intolerance and hate crimes to the proper authority.
  • Fully participate in investigations by following the hate crime/incident protocol and supply information to investigating officers.
  • Offer support to victims of hate crimes and hate incidents.
  • Take advantage of opportunities for continued education about multiculturalism and diversity issues (courses, workshops, professional development, campus programs, etc).
  • Educate and take responsibility for this community and the guests we invite into this community to ensure that language and action do not violate the diversity policy, the hate crime/incident protocol, or the rights of any member of this community.