Definining Hate Crimes & Determining Bias
by Shane L. Windmeyer of StopHate.Org
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Incidents List
Based on the "Bias Indicator Checklist" on the previous page determine whether each incident would be designated as always, sometimes, or never bias-motivated.
1. Steve returns to his room to find the following message written on his dry erase board: "Die, faggot!"
2. Sue's best friend and sorority sister, Kate, tells her that she is afraid she's getting a failing grade in a biology lab because she suspects that her lab partner, who has learned that Kate is bisexual, has destroyed Kate's final lab project--an experiment that requires a 2-week period for the culture to grow.
3. As Tom is walking back to the fraternity house from class, a passenger in a passing car shouts, "Hey, look at the queer!"
4. Eric walks into the TV lounge in his fraternity house to join the crowd watching Monday night football just as a fraternity brother, Mike, is in the middle of telling a homophobic joke. No one in the house knows that Eric is gay.
5. Paul, a fraternity member who is experiencing confusion about his sexual identity, detects that his roommate, Jason, is uncomfortable around him, because Jason never wants to go anywhere with Paul.
6. Jane, an "out" sorority member and officer in the GLBT student association on campus, is walking back to her house after a late night of studying in the library when two guys approach her. They are obviously drunk, but recognize her from a photo that was in the campus newspaper recently when the GLBT students marched in a pride parade. They grab her arms and begin shouting in her face that she "needs to be taught how it's done with a man." A campus police car drives by, and the men run away.
7. Lisa is enjoying a birthday party for one of her sisters when she accidentally drops her cake on the floor, leading to lots of laughter and the comment, "That's so gay," directed at her by her friend, Sylvia.
8. Sean, a gay fraternity member, arrives at a social event with his date, Jim, when one of Sean's brothers approaches them and says, "You can't come here like this. We'll never get pledges if everyone thinks we're a gay fraternity."
9. Even though it violates university and fraternity policy, members of Jack's fraternity still have pledges run through a "gauntlet" of actives on the night preceding initiation. As Jack takes his turn, he is slapped and called perjorative names like "faggot" and "cock sucker."
10. Ann has been reading magazines and books that are about GLBT issues in preparation for a class writing project about what it means to be gay on campus. A sister sees the materials on Ann's desk when she comes to ask Ann to borrow a sweater. The next day, Ann is called before the chapter's ethics board to explain her "sexual preference."
Most incidents fall into the first category, "Always Bias-Motivated," even though most of them would not be considered crimes. In determining the bias of the incidents please understand that (1) the full context often must be learned before an incident can be categorized, and (2) bias-motivated incidents may not have been intentionally hurtful, but may be perceived by the victim or witnesses as hurtful.
One of the problems faced by law enforcement is how to identify whether an incident was bias-motivated upon initially learning about it. Because officers are not trained to assume that an incident was bias-motivated, victims often feel as if their reports are not investigated as fully as they should have been. For example, what may appear to be vandalism may also be bias-motivated. Investigative officers may pursue information about the act of vandalism, but may not seek signs that suggest bias-motivation on the part of the offender. This distinction is important for purposes of investigating, preventing more violent acts in the future, and reporting to state and federal authorities.
On campuses, it is important to train staff to be able to identify bias-motivation according to various factors. Often, the most important factor to consider is the perception of the victim and/or witnesses.
Where would you report on your campus?
It is not unusual for campuses to report that they have had no bias-motivated incidents or hate crimes on their campuses in a given year. Often, such reports are inaccurate because students do not know where to report bias-motivated incidents. They also may not understand reporting procedures and may fear that their reports will not be treated seriously.
Guiding Principles for Campus Response Teams
1. Reports are considered truthful until shown not to be true; i.e., persons who consider themselves to have been victimized are believed.
2. While knowledge about motivation of alleged offenders can be useful in planning responses, the perceived motivation also must be considered. Even in the absence of knowledge about motivation, the teams can still assist persons who report having been victimized.
3. For the teams to take steps to resolve a situation, they must first have consent from persons who have reported being victimized. This does not preclude, however, taking action that could be considered general, as opposed to directly related to an individual case.
4. The teams do not conduct formal investigations per se, but their decisions must be based on information believed to be factual because of evidence that is available; e.g., if a victim does not want the team to contact persons who may have information about facts, the team's ability to act is greatly reduced.
5. In all cases, a primary goal of the teams is to make systems that already exist work effectively in resolving conflicts; i.e., the teams do not replace existing mechanisms, such as staff in other offices whose job it normally would be to intervene in a given case.
6. When there is no existing procedure for resolving an incident, the teams will intervene to the extent that the victim wishes.
7. The teams do not advocate for victims "at all costs." If the rights of others would be violated in carrying out action requested by a victim, an alternate action that protects the rights of all parties must be sought. The teams will never condone responses that violate law or university policy. The team response does not always satisfy all parties.
8. While a part of the university administration, the teams function with a large degree of autonomy in order to encourage students to report incidents, if only for consultation and data purposes.
9. The ultimate goal of the teams is to support victims while changing the behavior of offenders through educational means.
10. Reliable and consistent participation of team members is necessary for effectiveness.
11. Confidentiality, as defined for use in the teams, includes three dimensions: (1) The extent to which information about a victim's case is protected from disclosure; (2) when or if an offender's supervisor should be informed about a case; (3) when, if ever, it is acceptable to share information from a team meeting with colleagues who are not team members. In general, information about cases is not shared without the consent of the person who has reported being victimized.
It is paramount to let the person who was victimized or targeted take the lead in deciding what action to take. Also realize the significance of the perception as reality for the victim and the necessity of protecting confidentiality to the extent possible.
If you determine that your campus does not have a place to report bias-incidents, than I would suggest such campuses need to develop a new method for receiving reports. As more people become involved in learning how to prevent and respond, both personally and institutionally, the campus will become a better and safer place for all.
Suggested Programs & Resources
STOPHATE.ORG, premiere website for college and university bias & hate crime prevention efforts, programs and training, click here.
STOP THE HATE! Campus Bias & Hate Crime Prevention Training for the Campus Community -- Student Leaders, Faculty, Staff, Administrators, click here.
Indiana University Bias Incident Reporting Team Model Program, click here.
Matthew Shepard Foundation, click here.
Center for the Prevention of Hate Violence, click here. Plus, free download of "Hate Crime Monograph" from the CPHV & Bureau of Justice Assistance, click here.
Partners Against Hate, click here.
United Against Hate, click here.
Tolerance.Org, click here.
Anti-Defamation League, click here.
Find more resources on Beginning the Journey Diversity Presentation's Resource page!