APPENDIX M

UNIVERISTY OF CALIFORNIA, SANTA CRUZ

HATE/BIAS POLICY & PROCEDURES

UC SANTA CRUZ STATEMENT OF COMMUNITY

The University of California, Santa Cruz is a community, which requires the free and open exchange of ideas and the widest possible range of opportunity in the pursuit of knowledge in order to thrive. We are committed to maintaining an objective, civil, and supportive community, free of coercion, intimidation, dehumanization or exploitation.

UC SANTA CRUZ PRINCIPLES OF COMMUNITY

The University of California, Santa Cruz is committed to promoting and protecting an environment that values and supports every person in an atmosphere of civility, honesty, cooperation, professionalism and fairness.

UCSC expects that every campus member will practice these Principles of Community.

We strive to be:

  • Diverse: We embrace diversity in all its forms and we strive for an inclusive community that fosters an open, enlightened and productive environment.

  • Open: We believe free exchange of ideas requires mutual respect and consideration for our differences.

  • Purposeful: We are a participatory community united by shared commitments to: service to society; preservation and advancement of knowledge; and innovative teaching and learning.

  • Caring: We promote mutual respect, trust and support to foster bonds that strengthen the community.

  • Just: We are committed to due process, respect for individual dignity and equitable access to resources, recognition and rewards.

  • Disciplined: We seek to advance common goals through reasonable and realistic practices, procedures and expectations.

  • Celebrative: We celebrate the heritage, achievements and diversity of the community and the uniqueness and contributions of our members.

We accept the responsibility to pursue these principles in an atmosphere of personal and intellectual freedom, security, respect, civility and mutual support.


UCSC is committed to enforcement of policies that promote the fulfillment of our principles of community. These policies include but are not limited to: University of California Personnel Policies for Staff Members; applicable University Collective Bargaining Agreements; Academic Personnel Manual O15-University of California Policy on Faculty Conduct and the Administration of Discipline; UCSC Policy on Student Conduct and Discipline; UCSC Sex Offense Policy; UCSC Hate Bias Incident Policy. For further information or inquiries, contact the Directors of Academic and Staff Human Resources; Director of EEO/Affirmative Action Office; Director, Student Judicial Affairs; Sexual Harassment Officer; and Campus Ombudsman.

The UCSC Principles of Community statement was developed under the aegis of the Campus Welfare Committee, with broad campus consultation, and was endorsed by the Provost's Advisory Council and the Chancellor in June 2001.

I. POLICY STATEMENT

The University of California, Santa Cruz expressly prohibits students from engaging in conduct that constitutes prohibited discrimination, protected status harassment or unlawful bias. In keeping with the UCSC Principles of Community statement, we expect students and their guests to refrain from any acts or behaviors that are directed at other members of the community, that results in discrimination, hate or bias for an individual or group, and that substantially disrupt University operations or interfere with the rights of others. The campus does not seek to limit individual rights to freedom of speech but rather seeks to ensure that all members of the campus community can participate in University programs and activities to the fullest extent possible.

We expect all members of the university community to support a campus climate of respect for diversity and civility. Any intolerant or disrespectful communication, or behavior intended to malign another individual or group on the basis of age, creed, ethnicity, race, gender, gender identity, disability, religion, sexual orientation, or socio-economic status may be deemed an incident of hate or bias if it substantially disrupts or interferes with University operations or the rights of other members of the University community.

If a student commits an act of hate or bias and the act is a violation of the Code of Student Conduct (including violations of law), the student will be subject to disciplinary procedures.

When an incident of hate or bias is perpetrated in conjunction with a violation of University policy, including violations that are crimes as defined by federal or state law, students are subject to an enhanced university sanction (see Section 105.062, Code of Student Conduct).

II. REASON FOR POLICY

Acts of discrimination, bias and hate have a direct impact on the academic mission of the university and individual student success. In some cases, these acts are illegal and violations of university policies and in some cases, these acts are protected by free speech. When acts of discrimination, bias or hate are tolerated, the academic mission of a university is undermined through the erosion of climate which in turn directly impacts the ability of individuals or groups to be successful in the educational process, in their careers and in their overall sense of well being. As a University community, we strive to create, foster and maintain an environment that provides support for students to feel safe and respected which will in turn enhance their ability to be successful. Acts that are discriminatory, biased or hateful are unwelcome, divisive to the community, and may negatively impact personal success.

III. APPLICATION OF POLICY

This policy applies to students and is managed by Student Judicial Affairs.

IV. PROCEDURE FOR REPORTING AND RESOURCE SUPPORT

A. Reporting Incidents

Anyone who has been a target of, or a witness to, an incident of hate or bias is strongly encouraged to report the incident using the Hate-Bias Reporting Form available on line or in the schedule of classes. Incidents including, but not limited to, property damage, graffiti, threats or assault should be reported to University Police immediately and all evidence should be preserved.

The Hate/Bias Incident Report Form is available at the following:

https://sa-web.ucsc.edu/judicial/report.cfm

All reports will be referred to Student Judicial Affairs. The Office of Student Judicial Affairs will confirm receipt of the complaint and follow up personally with the complainant within two business days of receipt of the report to review the investigatory process. Additionally, the Vice Chancellor Student Affairs, or designee, will follow up with the reporting party/victim within three business days of receipt of the report to provide personal support and resource information.

Reports should be made as soon as possible following the incident as this will optimize the collection of information and expedite corrective actions when appropriate.

B. Resources for Support and Advocacy

The following Student Support Services are available for UCSC students who may need support or assistance if they are a victim of a hate/bias incident or crime, if they are seeking assistance to help another student or if they need to find resources for response.

African American Resource and

Cultural Center 459-3207

American Indian Resource Center 459-2881

Asian American/Pacific Islander

Resource Center 459-5349

El Centro: Chicano/Latino Resource Center 459-5449

Counseling and Psychological Services 459-2629

Disability Resource Center 459-2089

Educational Opportunity Program 459-2296

Lionel Cantu GLBTI Resource Center 459-2468

Student Organization Advising and

Resources (SOAR) 459-2934

Women’s Center 459-2169/2291

Cowell and Stevenson Colleges 459-3642

Crown and Merrill Colleges 459-2452

Porter and Kresge Colleges 459-5015

Oakes College and College Eight 459-2550

College Nine and College Ten 459-3122

Chancellor’s Office 459-2058

Dean of Students (DOS) 459-4446

Ombuds Office 459-2073

Student Judicial Affairs 459-1738

Title IX Coordinator/Sexual

Harassment Officer 459-2462

Vice Chancellor of Student Affairs 459-2474

C. To Report a Possible Hate Crime

University police may assist in any manner consistent with the responsibilities of law enforcement officers on the UCSC campus. University police are in charge of the scene of a reported incident and will conduct an investigation to determine if the incident is a ‘crime’ according to provisions of the California Penal Code. For information on reporting a crime to campus police, please go to: http://www2.ucsc.edu/police/crime.html or call 459-2231.

University Police Department 459-2231

Emergencies 911

UCPD Anonymous tip line (voice mail only) 459-3847

University Police are the office of record for hate/bias crimes. The Office of Student Judicial Affairs is the office of record for hate/bias - incidents involving students.

D. Referral to Student Affairs Hate/Bias Response Team (SA HBRT)

For reports that involve students, in addition to the action that will be taken by Student Judicial Affairs, an immediate notification will be made to the Vice Chancellor of Student Affairs (VCSA) or designee (within one business day). The VCSA will review each report and coordinate the appropriate level of campus-wide response, including possible referral to the SA HBRT.

The Assistant Chancellor, VCSA, Associate Vice Chancellor/Dean of Students and Associate Vice Chancellor for The Colleges and University Housing Services, a student representative from the Graduate Student Association and a student from the Student Union Assembly will comprise the Student Affairs Hate/Bias Response Team for incidents that involve students.

The VCSA will monitor each incident to ensure a timely and victim-centered response to the individual(s) or community affected in any reported hate/bias incident. When Student Judicial Affairs, Campus Police or other University agency makes a referral to the HBRT, the following will occur:

    • The victim/complainant will be contacted (within three business days of receipt of the report by the VCSA or designee).

    • The victim/complainant may remain anonymous although this will preclude further action.

    • The VCSA will coordinate a response that may include preventative education, facilitated dialogue amongst individuals, local communities or the campus wide community, individual support services, community based support services, etc.

V. PROCEDURE FOR INCIDENT INVESTIGATION

The Director of Student Judicial Affairs (DSJA) is responsible for conducting the university’s review and investigation of a reported hate/bias incident. Once a report has been received, the DSJA will review the report to determine whether the facts as stated, constitute sufficient grounds to believe that an incident of hate or bias within the scope of this policy may have occurred. If so, the DSJA will investigate and make findings available to the complainant within 21 business days from the receipt of the complaint. This time may be extended by the DSJA, if necessary based on the complexity of the matter, access to witnesses, and/or to allow for criminal investigations to be completed when an incident is determined to be a potential hate crime.

If a student is identified as the responsible party for the incident and the incident is a violation of the UCSC Code of Student Conduct (including violations of law), the student will be subject to disciplinary procedures, which may include enhanced sanctions (see Section 105.062, Enhanced Sanctions) for violations motivated by hate/bias.

If a student is identified as the responsible party, but the incident is not a violation of the UCSC Code of Student Conduct, or there is no identified responsible party, the DSJA will consult with the Dean of Students who may recommend an educational or informational intervention or mediation to the appropriate residential, academic or other administrative office.

If a staff or faculty member is alleged to be the responsible party, the complaint will be forwarded by the DSJA to the Assistant Chancellor for review and possible action.

If the complaint pertains to a gender-based hate/bias incident, the complaint will be forwarded to the Title IX/Sexual Harassment Officer for resolution under the University Sex Offense Policy (see Appendix F).

Confidentiality

All reports are confidential to the extent permitted by law and University policy. Personal information will not be shared with others except those staff involved with investigating a complaint or responding to support needs identified on an incident report. Any personal information (as governed by FERPA - Federal Rights to Privacy Act) gathered during the investigation or adjudication of a hate/bias related incident will be subject to disclosure only to the extent required for purposes of the investigation, disciplinary action, or as required by law.

VI. DEFINITIONS

Hate Crime

A hate crime, also known as a bias crime, is a criminal offense committed against a person, property, or society which is motivated, in whole or in part, by the offender’s bias against a victim based on his or her race, religion, sexual orientation, disability, ethnicity, or national origin. While such a definition may make identifying a hate crime seem like a simple task, criminal acts motivated by bias can easily be confused with forms of expression protected by the U.S. Constitution (i.e., First Amendment)

For information on hate crime laws, please see the following: Title 18, U.S.C., Section 245 (federal hate crimes statute), and 422.6 (PC) of the California Penal Code.

Hate/Bias Incident

Not all expressions of hate or group bias rise to the level of a hate crime as defined in state and federal statutes. Derogatory words or epithets directed against a member of a protected class, as listed above if not accompanied by a threat of harm with the ability to carry it out, or other applicable rules violation, are considered protected speech and not a hate crime. Whether the incident is a crime or not, the campus seeks to prevent and respond to these incidents by educating the campus community and providing a clear, accessible way to report experiences of hate or bias within the campus and surrounding community. Any communication or behavior that maligns another individual or group on the basis of age, creed, ethnicity, race, gender, gender identity, physical ability, religion, sexual orientation or socio-economic status, and that substantially disrupts or interferes with University operations or the rights of others may be an incident of hate or bias within the scope of this policy subject to review and investigation in accordance with campus procedures.

VII. WEB SITE ADDRESS FOR THIS POLICY AND RELATED INFORMATION

This policy and all related forms may be found at:

Student Judicial Affairs Home Page

http://www2.ucsc.edu/judicial

Hate-Bias Policy

http://www2.ucsc.edu/judicial/hate-bias

Hate-Bias Incident Report (On-line Reporting Form)

https://sa-web.ucsc.edu/judicial/report.cfm

Hate-Bias Incident Reporting Form (pdf version)

http://www2.ucsc.edu/judicial/Hate=Bias_Incident_Report_Form.pdf

To submit a Hate-Bias Incident via E-mail

reporthate@ucsc.edu

Crime Awareness & Campus Security Statistics

http://www.ucsc.edu/about/crime_stats/

VIII. RESOURCE FOR CAMPUS HATE/BIAS STATISTICS

The Office of Student Judicial Affairs is the office of record for tracking the on-going reports of Hate/Bias complaints and publishes a quarterly report of campus wide statistics. This information may be found at the following link:

http://www2.ucsc.edu/judicial/hate-bias

NOTE: The quarterly summary report contains every complaint made by a reporting party without passing judgment on the nature of the incident or whether it conforms to the definition of hate or bias. Duplicate reports for the same incident are omitted.