Policy Name: Hate Crimes
Policy Number: STU-7013
Revised: Not applicable
Hate crimes occur when a perpetrator targets a victim because of their perceived membership in a certain social group, usually defined by race, age, color, religion, national origin, ethnic origin, sex/gender, sexual orientation, disability, marital status, military leave, veteran status and any other status protected by law, which unreasonably disrupts or interferes with another’s academic performance, or which creates an intimidating, offensive or hostile environment.
The law requires the release of statistics by category of prejudice concerning the occurrence of hate crimes in the crime classifications listed in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, such as race, gender, gender identity, religion, sexual orientation, ethnicity, national origin, or disability, and for other crimes involving bodily injury to any person. Definitions listed in the The Handbook for Campus Safety and Security Reporting include:
- Race: A preformed negative attitude toward a group of persons who possess common physical and hereditary characteristics.
- Gender: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender.
- Gender Identity: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g. bias against transgender or gender non-conforming individuals.
- Religion: A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or non-existence of a supreme being.
- Sexual Orientation: A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation.
- Ethnicity: A preformed negative opinion or attitude toward a group of people whose members identify with each other through common heritage, often consisting of a common language common culture (often including a shared religion) and/or ideology that stresses common ancestry.
- National Origin: A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
- Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such a disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.
In August of 2008 HEOA S 488, 20 U.S.C. S 1092 (f) (1) F (iii) modified the above hate crimes to include, but not be limited to the following additional crimes under the hate crime category as defined:
- Larceny Theft: The unlawful taking, carrying, leading, or riding away of property from the possession, or constructive possession, of another.
- Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
- Destruction/Damage/Vandalism: To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
- Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon nor the victim suffers obvious severe or aggrieved bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.