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Hate Crimes Policy Hate Crimes Policy

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I. Reporting of Specified Crimes

  1. All suspected incidents of crimes or criminal activity should be reported to the La Verne Police Department, Campus Safety or another University Campus Safety Authority (CSA). All reports to CSAs will be investigated determine whether the conduct rises to the level of a crime. Even if the incident does not qualify as a crime, it may qualify as a violation of University policy.
  2. Anyone who believes they have experienced or witnessed a crime may report it (even if they are unsure of whether the incident was a crime), so that the University can determine an appropriate response. Such matters should be reported directly to the local police department or to any CSA, including:
    1. Campus Safety (909) 448-4950
      1. safety@laverne.edu
      2. Blue Light Emergency Phone Notification Station
      3. University's LiveSafe mobile App
      4. Online reporting form (under development)
      5. Anonymous Hotline (identify number)
    2. Dean of Students (909) 448-4053
  3. All reports of suspected hate crimes (as defined below) must, at a minimum, include the following:
    1. A description of the act, including location, date, and time
    2. Victim characteristics, and
    3. Offender characteristics, if known
  4. The University shall disclose to local law enforcement immediately, or as soon as practical under the circumstances all reports of the following matters made by a student or employee to a CSA for the purpose of notifying the University or law enforcement of the incident:
    1. Crimes of Violence, including murder, forcible rape, robbery and aggravated assault
    2. Sexual Assault
    3. Hate Crimes
  5. When the victim has consented to being identified, such reports will include:
    1. The name and characteristics of the victim;
    2. The name and characteristics of the perpetrator if known;
    3. Description of the incident, including location and date and time;
    4. Any report number assigned to the incident report documenting the investigation being conducted by the jurisdictional agency.
  6. If the victim has NOT consented to being identified, the report will include the following:
    1. Description of the incident, including location and date and time;
    2. Any report number assigned to the incident report documenting the investigation being conducted by the jurisdictional agency.
  7. However, if the institution determines that both of the following apply, then it will disclose the identity of the alleged assailant to the local law enforcement agency and notify the victim of the disclosure:
    1. The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution; AND
    2. The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant.

II.  Policy against Hate Crime and Hate Violence

The University of La Verne expressly prohibits any act or conduct that constitutes a hate crime or other act of hate violence as described below.

III. Identifying Hate Crimes

  1. Definition of a Hate Crime as defined by California Penal Code 422.55-422.56:
    422.55. For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:
    1. "Hate crime" means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
      1. Disability.
      2. Gender.
      3. Nationality.
      4. Race or ethnicity.
      5. Religion.
      6. Sexual orientation.
      7. Association with a person or group with one or more of these actual or perceived characteristics.
    2. (b) "Hate crime" includes, but is not limited to, a violation of Section 422.6.
      422.6. (a) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55. (b) No person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.
  2. Definition of a Hate Crime: CLERY ACT
    The CLERY definition of a Hate Crime is used for mandatory annual CLERY ACT and Title IX reporting purposes as required by federal law. A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim. Although there are many possible categories of bias, under the CLERY Act only the following eight categories are reported:
    1. Race. A preformed negative attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, and/or hair; facial features, etc., genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind, e.g., Asians, blacks or African Americans, whites.
    2. 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 nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists.
    3. Sexual Orientation. A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual Orientation is the term for a person's physical, romantic, and/or emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual (straight) individuals.
    4. Gender. A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
    5. 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. Gender non-conforming describes a person who does not conform to the gender-based expectations of society, e.g., a woman dressed in traditionally male clothing or a man wearing makeup. A gender non-conforming person may or may not be a lesbian, gay, bisexual, or transgender person but may be perceived as such.
    6. Ethnicity. A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term "race" in that "race" refers to a grouping based mostly upon biological criteria, while "ethnicity" also encompasses additional cultural factors.
    7. National Origin. A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth. This bias may be against people that have a name or accent associated with a national origin group, participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin.
    8. Disability. A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.
  3. For CLERY Act purposes, hate crimes include any of the following offenses that are motivated by bias.
    1. Murder and Non-negligent Manslaughter
    2. Sexual Assault
    3. Robbery
    4. Aggravated Assault
    5. Burglary
    6. Motor Vehicle Theft
    7. Arson
    8. Larceny-Theft
    9. Simple Assault
    10. Intimidation
    11. Destruction/Damage/Vandalism of Property

IV.  Identifying Non-Criminal act of Hate Violence

  1. Some hate-motivated incidents do not rise to the level of a crime that can be charged in court. These acts are called hate violence. Although they may not meet the definition of a crime, they leave individuals feeling victimized and can escalate into criminal behavior.
  2. Definition of Hate Violence as defined by California Education Code Section 67380(a)(6)(A):
    Hate Violence consists of acts of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, disability, or political or religious beliefs of that person or group. This definition includes, but is not limited to, hate crimes.
  3. Recognizing that some expressions and speech may be protected by state and/or federal law, the following guidance is for the purpose of assisting with identifying and reporting occurrences of hate violence:
    1. Generally, students are allowed to engage in hateful or other rhetoric as long as it is not directed a particular person, group of persons, or their property and is not accompanied by any physical act of intimidation or threat.
    2. If behavior escalates to threats of physical activity against a person, group of persons or their property, then it may involve hate violence.
    3. If behavior escalates to threats or criminal activity against a person, group of persons or property, then it may involve a hate crime.
    4. Speech that carries a credible threat of violence against a person or a group is considered criminal.
    5. The types of occurrences that generally would not constitute either a criminal or noncriminal act of hate violence include:
      1. leaving or distributing of hate-related pamphlets in general areas;
      2. affixing hate-related posters in general areas;
      3. and hate-related vandalism or graffiti in general areas (although vandalism or graffiti may constitute another type of crime).
      4. The type of occurrences that generally would constitute hate violence includes:
      5. hate-related vandalism or graffiti to or on the property of a person or group of persons;
      6. hate-related speech or rhetoric directed to a particular person or group of persons in close proximity to such person or group of persons;
      7. distribution of hate-related pamphlets in close proximity to or while impeding the progress of a particular person or group of persons;
      8. displaying a threatening sign on someone else's property

V.  Reporting Hate Violence

  1. All suspected incidents of hate violence should be reported to Campus Safety or another University CSA. All incidents of hate violence will be investigated by law enforcement to determine whether the conduct rises to the level of a crime. If the investigation determines that a hate crime has been committed, the incident will be reported to or handled by the local police. If the investigation determines that the conduct involved an act or threat of physical intimidation, physical harassment, physical force or physical violence against a person or group of persons or their property based on one or more of the characteristic identified above, but did not rise to the level of a crime, the incident will be referred to University Student Affairs officials for student conduct proceedings.
  2. Anyone who believes they have experienced or witnessed an act of hate violence or bias may report it, even if they are unsure, so that the University can determine an appropriate response. Incidents of hate violence or bias can be reported to any CSA, including:
    1. Campus Safety (909) 448-4950
      1. safety@laverne.edu
      2. Blue Light Emergency Phone Notification Station
      3. University's LiveSafe mobile App
      4. Online reporting form (under development)
      5. Anonymous Hotline (identify number)
    2. Dean of Students (909) 448-4053
  3. All written reports of suspected hate violence prepared by a CSA must, at a minimum, include the following:
    1. A description of the act, including location, date and time
    2. Victim characteristics, and
    3. Offender characteristics, if known

VI. Compiling and Reporting of Specified crime and occurrence statistics

  1. No later than December 1st of each year, Campus Safety shall compile and report to the University's Board of Trustees (BOT) all on-campus occurrences for the preceding calendar year of:
    1. Crimes and arrests involving violence, hate violence, theft, destruction of property, illegal drugs or alcohol intoxication; and
    2. Non-criminal acts of hate violence for which a written report was prepared by a CSA.
  2. On or before January 1st of each year, the University's BOT shall transmit the statistics compiled as required above to the California Legislative Analyst's Office.
  3. Campus Safety shall make available to any University employee, student or applicant for admission the information concerning the crime statistics compiled as required above within two days of a request for such information, unless such information is exempt for disclosure by operation of law.

VII.  Campus Safety Plan

  1. On or before January 1st of each year, Campus Safety shall complete the Campus Safety Plan (CSP) available to the general public, including posting the CSP on the University's website. The full University of La Verne Campus Safety Plan can be viewed on the Campus Safety web site or a copy can be obtained at the Campus Safety Office located at 2021 D Street, La Verne. (Parking Structure). Campus Safety personnel can be reached at the above location, by calling dispatch at (909) 448-4950, or by email at safety@laverne.edu 24 hours a day, 7 days a week.
  2. The CSP shall include the following components:
    1. Availability and Location of Security Personnel:
      The Campus Safety Department is located in the bottom floor of the new parking structure on the southeast corner of Parking Lot D. Campus Safety staff can also be reached by phone (909) 448-4950, email (safety@laverne.edu), and in an emergency by activating one of the Blue Light emergency notification stations.
    2. Methods for Summoning Assistance of Security Personnel
    3. Any Special Safeguards Established for Particular Facilities or Activities
    4. Any Actions Taken in the Preceding 18 Months to Increase Safety
    5. Changes in Safety precautions during the next 24 months
    6. References: CA Educ Code sections 67380 and 94367; CA Penal Code sections 422.55 and 422.6

Contact Contact

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The Office of Campus Safety is located on the ground floor of the Parking Structure at:

2021 D Street
La Verne, CA 91750

For any questions, comments, or concerns, please call the office at (909) 448-4950 or dial 4950 from any campus phone.

The University of La Verne prides itself on having a safe and inviting campus that welcomes visitors for an afternoon or students for years of study. Campus Safety Officers are patrolling campus 24 hours a day, 7 days a week, including holidays.

Email: safety@laverne.edu

 

Campus Security Authority Training Click here.


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