Hate Crime Policies

Board of Regents Handbook Title 4, Chapter 1

Section 30. Hate Crimes Policy

A hate crime is defined in Nevada law as a crime listed under NRS 193.1675 or NRS 207.185 against another person which is motivated by virtue of the victim’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation. Hate crimes are particularly repugnant to the mission of the Nevada System of Education (NSHE) and detrimental to the responsibility of NSHE to provide a safe environment for education, research and service for the NSHE community. In order to insure that all institutions of the Nevada System of Higher Education are prepared to respond to hate crimes that may be committed on its campuses, each institution must adopt a policy and procedure regarding hate crimes. The policy and procedure must include the manner by which the institution or its police services will prevent, respond to and investigate hate crimes. (B/R 6/08)

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UNLV

This is a draft it still requires approval from the campus community.

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(CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 4 of 56 OFFICE OF THE VICE PRESIDENT FOR STUDENT AFFAIRS DEPARTMENT OF POLICE SERVICES

OFFICE OF THE VICE PRESIDENT FOR DIVERSITY AND INCLUSION

SECOND DRAFT**POLICY ON BIAS INCIDENTS AND HATE CRIMES**SECOND DRAFT

RESPONSIBLE ADMINISTRATORS: VICE PRESIDENT FOR STUDENT AFFAIRS, CHIEF OF POLICE, VICE PRESIDENT FOR DIVERSITY & INCLUSION (JOINT RESPONSIBILITY)

RESPONSIBLE OFFICE(S): (IN ORDER OF REFERENCE IN THE POLICY) OFFICE OF THE VICE PRESIDENT FOR STUDENT AFFAIRS DEPARTMENT OF POLICE SERVICES OFFICE OF THE VICE PRESIDENT FOR DIVERSITY AND INCLUSION EEO/AA OFFICER OFFICE OF HUMAN RESOURCES OFFICE OF STUDENT CONDUCT CONFLICT RESOLUTION NETWORK INSTITUTE FOR MULTICULTURAL EDUCATION AND DIVERSITY TRAINING

ORIGINALLY ISSUED: 9.19.08 INFORMAL DRAFT, 10.16.08 FIRST FORMAL DRAFT, 12.30.08 SECOND FORMAL DRAFT

APPROVALS: APPROVED BY:

______(Vice President for Student Affairs) Date

______(Vice President for Diversity and Inclusion) Date

APPROVED BY THE PRESIDENT:

______David B. Ashley Date

REVISION DATE: TBD

STATEMENT OF PURPOSE

To establish a policy for preventing, responding to, investigating, and resolving incidents and crimes motivated by bias and hatred against individuals, groups, organizations, businesses, or institutions on the basis of actual or perceived race, ethnicity, color, religion, creed, sex (including gender identity or expression, or a pregnancy related condition), sexual orientation, national origin, military status or military obligations, disability (including veterans with service-connected disabilities), age, marital status, physical appearance1, political affiliation, or on the basis of exercise of rights secured by the First Amendment of the United States Constitution.

CLARIFICATION OF PURPOSE

It is important to note that this policy is not intended to and does not police freedom or change what is “right” and “wrong.”

1Personal appearance means the outward appearance of any person, irrespective of sex, with regard to bodily condition or characteristics, manner or style of dress, and manner or style of personal grooming, including, but not limited to, hair style and beards. It shall not relate, however, to the requirement of cleanliness, uniforms, or prescribed standards, when uniformly applied to a class of employees, or when such bodily conditions or characteristics, or manner of style of dress or personal grooming presents a danger to the health, welfare, or safety of any individual.

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This policy requires uniform implementation regardless of group membership in the context of a bias incident or hate crime. In so doing, this policy protects everyone and holds everyone accountable, whoever they are and regardless of their thoughts, avenues of inquiry, and expression of ideas or perspectives, both in classroom and workplace contexts.

Most of this policy pulls out and names as a bias incident or hate crime what already exists elsewhere in policy, inclusive of employee and student codes of conduct, and law. So while the reporting protocols this policy articulates are already in place, corresponding oversight mechanisms to ensure that these protocols are appropriately undertaken are not. Thus, the policy actually mitigates the potential for abuse of authority that exists without it by requiring collective oversight and multiple levels of checks and balances.

This policy also provides the campus community with a roadmap for how to “get back on track” when an incident or crime occurs. It does this by explicitly overriding unwritten rules (whether or not these rules operate via unwritten customs or are unconsciously embedded in other policy and law), and by providing protection from intimidation, coercion, interference, frivolous claims, and violence.

ENTITIES AFFECTED BY THIS POLICY

This policy impacts all members of the campus community—students, faculty, and staff at all levels and in all types of roles. This policy also impacts University contractors and visitors.

WHO SHOULD READ THIS POLICY

This policy should be read by all members of the campus community, all entities that do business with the University, as well as periodic and one-time visitors to UNLV.

2 POLICY

RELATIONSHIP OF THIS POLICY TO A SENSE OF COMMUNITY, FREEDOM OF EXPRESSION, ACADEMIC FREEDOM, DISCRIMINATION, AND SEXUAL HARASSMENT

Sense of Community

The University of Nevada, Las Vegas (“UNLV” or “University”) is working very hard to make itself a place that is welcoming and affirming to everyone. In the process of this work, it is clear that what is welcoming and affirming to one person, may have the opposite impact on another. Thus, members of the UNLV community must work together to develop a kind of “third space” where everyone is provided what they need to feel supported enough to stay in our community, at the same time that they are challenged enough to grow and develop without becoming isolated or alienated to the point of pre-maturely departing from the campus. This is a difficult balance to establish and maintain—it is, by definition, constantly shifting. Thus, to shape this balance in an overall positive direction for everyone in our community requires our collective persistent and focused engagement and attention. Campus climate is indeed a community responsibility.

There are times when policy or law is so forthright that it permits the “victim” or target of a relatively mild offense to completely disregard the intent of the “perpetrator” or agent. On the other hand, there

2References to policy, inclusive of codes of conduct, and law, etc., herein are to current/existing ones and will be updated accordingly.

2 (CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 6 of 56 POLICY ON BIAS INCIDENTS/HATE CRIMES PAGE 3 of 12 are times when law or policy is so broad or vague, that it enables the agent of an even particularly hostile offense to act with indifference to the impact of their actions on the target. As a community of peoples dedicated to building a dynamically supportive and challenging educational and workplace community, we need to develop the capacity to think beyond what policy or law permits and do what we—as educated and engaged citizens—come to know will continually grow and develop our community.

While policy and law afford us the freedom to express ourselves in myriad ways, the spirit of community asks us to at least consider why we would choose forms of expression that inhibit community building.

Freedom of Expression

This policy recognizes the particular importance that the University, as an institution of learning, places on the free exchange of ideas, and, thus, its commitment to open speech and vigorous dialogue, discussion, and debate. As a result, this policy compels each member of the campus community to promote free expression. While members of the campus community are free to deplore what they find unacceptable, offensive, even inflammatory, and those responsible may be urged to change, this policy maintains that the educational mission of the University requires the need for freedom, the right to think the unthinkable, discuss the unmentionable, and challenge the unchallengeable—in short, the right to dissent.

At the same time, this policy asks us to consider the hurt that may result from the use of controversial language and expression of related ideas, but it does not prohibit or sanction violations of this ethical consideration so long as they do not contravene University policy, employee or student codes of conduct, or law. In considering this hurt, this policy asks us to acknowledge that while the legal construct of freedom extends equally to everyone, in practice it is clear that some members of our campus, as well as of our larger society, are afforded greater latitude to, in fact, freely express themselves than are others. This latitude derives, in varied measure, from an individual’s formal power within the University, as well as from their membership in, and/or special affiliation with, particular groups in the larger society that have historically had greater access to full participation in democracy than others. In acknowledging this, we ask that all members of the University community make a constant effort to recognize the profound complexities associated with the actual realization of free expression for members of our community who are the least institutionally empowered by their roles and/or functions on campus and/or because of their actual or perceived race, ethnicity, color, religion, creed, sex (including gender identity or expression, or a pregnancy related condition), sexual orientation, national origin, military status or military obligations, disability (including veterans with service-connected disabilities), age, marital status, physical appearance, political affiliation, or on the basis of exercise of rights secured by the First Amendment of the United States Constitution.

While freedom of expression protects controversial ideas and views, it does not protect threats of or actual misconduct that violate University policy, inclusive of employee and student codes of conduct, or criminal law.

Academic Freedom

In the public higher education community, we are fortunate to have the intellectual latitude—the academic freedom—to be able to meaningfully explore controversial issues across a range of subject areas and in a variety of curricular, co-curricular, and community-based contexts. In the exploration of what are often politically complex and emotionally charged topics, it is often necessary to examine terminology and concepts, even behaviors, that, on occasion, may be vulgar, offensive, inflammatory, derogatory, or in other ways make us uncomfortable. Engaging in these explorations, especially when

3 (CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 7 of 56 POLICY ON BIAS INCIDENTS/HATE CRIMES PAGE 4 of 12 they are well structured and facilitated, can help us to come to critical and comprehensive understandings of the manifestations of bias, discrimination, sexual harassment, and hate so that, subsequently, we can learn how to debunk and assuage them if we so choose. Thus, while the expression of an idea or point of view may be vulgar, offensive, inflammatory, or derogatory to some, it is not necessarily a violation of University policy or of law.

UNLV values and embraces the ideals of freedom of thought, inquiry, and expression that undergird academic freedom and, thus, must be vitally sustained in a community of scholars. This is particularly important to note given that the main purpose of centers of higher learning is to foster inquiry, especially into ideas that challenge prevailing perceptions.

Accordingly, this policy is not intended to and does not infringe upon academic freedom in teaching or research as established in the Nevada System of Higher Education (“NSHE”) Code, Title 2, Chapter 2. No claim of bias may be sustained if the alleged bias constitutes one or more expressions of academic freedom as defined in the Code. This shall inure to all members of the academic community by accreditation requirements. When there is doubt, all presumptions should favor plausible claims of academic freedom.

Discrimination and Sexual Harassment

UNLV is committed to providing a place of work and learning free of discrimination on the basis of race, ethnicity, color, religion, creed, sex (including gender identity or expression, or a pregnancy related condition), sexual orientation, national origin, military status or military obligations, disability (including veterans with service-connected disabilities), age, marital status, physical appearance, political affiliation, or on the basis of exercise of rights secured by the First Amendment of the United States Constitution. Where discrimination or sexual harassment is found to have occurred, UNLV will act to stop it, to prevent its recurrence, and to educate, remediate, and/or discipline up to and including termination and/or expulsion, as is appropriate depending on the circumstances, those responsible in accordance with the NSHE Code or, in the case of classified employees, the Nevada Administrative Code (NAC).

Discrimination is illegal. See the Policy Against Sexual Harassment, Board of Regents Handbook, Title 4, Chapter 8, Section 14.

Sexual harassment is a form of discrimination; it is illegal. See the Policy Against Discrimination, Board of Regents Handbook, Title 4, Chapter 8, Section 10.

No employee or student, either in the workplace or in the academic environment, should be subject to unwelcome or unwanted verbal or physical conduct that is discriminatory or sexually harassing in nature.

UNLV is committed to creating and sustaining a sense of community that values the principles of free expression and academic freedom, broadly considered. Vigorous dialogue, discussion, and debate on the most controversial of issues are fundamental rights and this policy is not intended to stifle them. Discrimination and sexual harassment, however, are neither legally protected expression nor the proper exercise of these freedoms; they compromise the integrity of institutions, the tradition of intellectual freedom, and the trust placed in the institutions by their members and external stakeholders.

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3 UNIVERSAL FORMAL REPORTING (FR): HATE CRIMES AND BIAS INCIDENTS

The University encourages prompt formal reporting of bias incident(s) and hate crime(s) in the following manner so that it can investigate the alleged facts of a report for possible violation(s) of University policy, including UNLV employee and student codes of conduct, and determine whether an independent investigation for violation(s) of criminal law is warranted:

1FR. All reports of bias incidents or hate crimes shall be initially responded to by a UNLV police officer.

2FR. A UNLV police officer shall be dispatched either to the person making the report and/or to a reported location of an alleged incident or crime.

3FR. A UNLV police field supervisor shall be notified when it is determined that a potential or actual bias incident or hate crime is suspected. The field supervisor shall immediately notify the Chief of Police, or designee.

4FR. The UNLV police responding officer will complete and file a report on the bias incident or hate crime for review by the shift supervisor.

5FR. The shift supervisor will determine if the report constitutes a hate crime.

DIFFERENTIATED FORMAL REPORTING, RESPONSE, INVESTIGATION, FOLLOW UP, AND RESOLUTION: HATE CRIMES (HC)

The University encourages prompt formal reporting of, response to, investigation of, follow up on, and resolution of hate crime(s) in the following manner so that it can investigate the alleged facts of a report for possible violation(s) of University policy, including UNLV employee and student codes of conduct, and determine whether an independent investigation for violation(s) of criminal law is warranted:

5HC. [Continued from 5FR above] The shift supervisor will determine if the report constitutes a hate crime; if it does a UNLV police detective, with training to investigate bias incidents and hate crimes, will be assigned to the investigation. This detective will contact the reporting person, as well as other targets and/or witnesses, to: a) check in on their well-being (and, where indicated, make referrals to appropriate University and/or community personnel who can provide additional and/or specialized support or guidance); b) reiterate that the report is being taken seriously; and, c) secure any additional details about the crime that might be pertinent to their investigation; this individual(s) will be kept abreast of the progress of the investigation and its final disposition to the extent allowed and/or desired.

6HC. Every investigation will be carried out to the fullest extent possible, including referral to the appropriate authorities for criminal prosecution, given available and ascertainable information and evidence.

7HC. Details on hate crimes shall be documented on and disseminated through the Public Safety website (Daily Log), Jeanne Clery Act reports, and other reporting vehicles/venues.

3Research suggest that while there will be an increase in reports of bias incidents and hate crimes as this policy is introduced to the campus community, this increase will normalize over time. Reporting trends will be monitored accordingly.

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8HC. All hate crimes shall be specially reported to the Office of the Vice President for Student Affairs and the Office of the Vice President for Diversity and Inclusion. They shall, in turn, notify the Conflict Resolution Network and the Institute for Multicultural Education and Diversity Training for intervention- and prevention-based follow up attention.

DIFFERENTIATED FORMAL REPORTING, RESPONSE, INVESTIGATION, FOLLOW UP, AND RESOLUTION: BIAS INCIDENTS (BI)

The University encourages prompt formal reporting of, response to, investigation of, follow up on, and resolution of bias incident(s) in the following manner so that it can investigate the alleged facts of a report for possible violation(s) of University policy, including UNLV employee and student codes of conduct:

5BI. [Continued from 5FR above] The shift supervisor will determine if the report constitutes a hate crime; if it does not, the report will be referred to the appropriate non-police University administrator for follow up based on the nature of the bias incident and the police involvement with the report will be officially closed. This administrator will contact the reporting person, as well as other targets and/or witnesses, to: a) check in on their well-being (and, where indicated, make referrals to appropriate University and/or community personnel who can provide additional and/or specialized support or guidance); b) reiterate that the report is being taken seriously; and, c) secure any additional details about the incident that might be pertinent to their investigation; this individual(s) will be kept abreast of the progress of the investigation and its final disposition to the extent allowed and/or desired.

6BI. Every investigation will be carried out to the fullest extent possible, given available and ascertainable information and evidence, as follows: a) where discretion is afforded, in a manner that affords the target of the incident the greatest opportunity to be “made whole” again; b) where discretion is afforded, in a manner that enables the agent of the incident to learn from her or his mistakes, as opposed to being punished without regard to his or her understanding of wrong- doing; c) where discretion is afforded and willingness exists, in a manner that encourages dialogue between the target and the agent to encourage reconciliation; d) where discretion is not afforded, in a manner consistent with University policy, inclusive of employee and student codes of conduct.

7BI. Details on bias incidents that do not violate student or employee confidentiality shall be documented on the Conflict Resolution Network website.

8BI. All bias incidents shall be specially reported to the Office of the Vice President for Student Affairs and the Office of the Vice President for Diversity and Inclusion. They shall, in turn, notify the Conflict Resolution Network and the Institute for Multicultural Education and Diversity Training for intervention- and prevention-based follow up attention.

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INFORMAL RESOLUTION OR INFORMAL REPORTING AND RESOLUTION (IR): BIAS INCIDENTS

As an educational community we are committed to: o understanding and embracing diversity and inclusion challenges as opportunities for education or training first, and situations requiring discipline or punishment second; o teaching empowerment, not fomenting victimization, at the same time that we are mindful that no one can “know” another person’s experience and, thus, their current capacity for self-advocacy; o creating a campus climate that encourages face-to-face dialogue and conflict negotiation.

With these commitments in mind, where the target of a perceived or actual bias incident feels/is comfortable/safe doing so, the University encourages prompt informal resolution or reporting of bias incident(s) in the following manner:

1IR. The target of a perceived or actual bias incident will engage the perceived or actual agent of the bias incident in direct discussion of the incident with the intent to informally resolve it;

2IR. The target of a perceived or actual bias incident, with assistance from a fair third party of their choosing, will engage the perceived or actual agent of the bias incident in direct discussion of the incident with the intent to informally resolve it;

3IR. The target of a perceived or actual bias incident will report the incident to the lowest level supervisor above (and incrementally thereafter as is necessary) the perceived or actual agent of the bias incident with the intent to informally resolve it;

4IR. The target of a perceived or actual bias incident will report the incident to the most appropriate (based on the nature of the incident) individual/office listed under the CONTACTS AND RELATED RESOURCES heading below with the intent to informally resolve it—making an informal report to these contacts/resources does not automatically mandate that a formal report be made. It is important to note that access to these contacts/resources is not predicated on making a report, informal or formal. Questions or concerns related to the areas of responsibility for each contact/resource are welcomed, and information will be provided without any expectation that a report be made.

RETALIATION

Retaliation against an individual who in good faith complains of alleged bias or hate or provides information in an investigation about behavior that may violate this policy is against the law, will not be tolerated, and may be grounds for education, remediation, or discipline. Retaliation, as defined below, as in violation of this policy may result in discipline up to and including termination and/or expulsion. Any student or employee reporting a bias incident or hate crime or assisting in the investigation of such incident or crime will not be adversely affected in terms and conditions of academic standing and/or employment, nor discriminated against, harassed, expelled, or terminated because of their actions in this regard.

“Retaliation” may include, but is not limited to, such conduct as: an unfair grade; an unfavorable reference letter; the denial of adequate personnel to perform duties; frequent replacement of members of the staff; frequent and undesirable changes in the location of an office; the refusal to assign meaningful work;

7 (CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 11 of 56 POLICY ON BIAS INCIDENTS/HATE CRIMES PAGE 8 of 12 unwarranted disciplinary action; unfair work performance evaluations; a reduction in pay; the denial of a promotion; a dismissal; a transfer; frequent changes in working hours or workdays.

FALSE REPORTS

Because bias incidents and hate crimes frequently involve interactions between persons that are not witnessed by others, reports of bias and hate cannot always be substantiated by additional evidence. Lack of corroborating evidence or "proof" should not discourage individuals from reporting bias incidents or hate crimes under this policy. However, individuals who make reports that are later found to have been intentionally false or made maliciously without regard for truth, may be subject to disciplinary action under the applicable University and Board of Regents disciplinary procedures. This provision does not apply to reports made in good faith, even if the facts alleged in the report cannot be substantiated by subsequent investigation.

TRAINING AND PREVENTION

1. Police and non-police “first responders” (as delineated herein under the CONTACTS AND RELATED RESOURCES heading below) to bias incidents and hate crimes will receive specialized training in bias incident/hate crime response, investigation, resolution, and prevention.

2. A Conflict Resolution Network, comprised of all of the individuals on campus with formal responsibility for some aspect of conflict resolution, has been established to publicize the range of options available to students, faculty, and staff to resolve conflict on campus, and to coordinate the provision of conflict resolution services across campus to maximize their effectiveness. Because coordinating responsibility for different aspects of conflict resolution is shared by the Office of the Vice President for Planning and the Office of the Vice President for Diversity and Inclusion, both offices are co-coordinating the Network’s efforts. These efforts include, but are not limited to: a) supporting current NSHE and UNLV bias incidents/hate crimes prevention, response, and resolution protocols; b) promoting intergroup relations; c) sharing, as is appropriate (with respect to confidentiality), information about potentially volatile situations in order to respond to and, ultimately, resolve them in the most effective manner possible for all involved; and, d) facilitating conversations with individuals involved in conflict, with the purpose of opening communication and allowing understanding of the situation from all perspectives, with the process evolving into negotiation and finally, resolution.

3. University police and diversity personnel will integrate a prevention education component on bias incidents and hate crimes (recognition of, response to, and reporting of) in all orientation sessions with new employees and students.

4. This policy will be published on the University’s police, diversity, human resources, and policy websites, and, on an annual basis, in printed employee and student orientation manuals, catalogues, and other major information dissemination vehicles.

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5. Along with information regarding the prevention, response, and resolution protocols related to discrimination and sexual harassment, the President will electronically disseminate this policy to the campus community on an annual basis.

6. Copies of this policy will be posted on kiosks, bulletin boards, and in graffiti-prone locations across campus on an annual basis.

RELATED DOCUMENTS

BACKGROUND ON EXISTING POLICY AND LAW PERTAINING TO BIAS INCIDENTS AND HATE CRIMES AND IMPETUS FOR THE ESTABLISHMENT OF THIS POLICY ON BIAS INCIDENTS AND HATE CRIMES

The Board of Regents requires that all NSHE institutions adopt specific policies and procedures regarding hate crimes and that such policies and procedures must describe the manner in which the institution and/or its police services will respond to and investigate any report of a hate crime because hate crimes are particularly repugnant to the mission of the Nevada System of Higher Education (NSHE) and detrimental to the responsibility of NSHE to provide a safe environment for education, research and service for the NSHE community.

There is no specific statute entitled “Hate Crime” under Nevada law. There is a penalty-enhancement statute, NRS 193.1675. This provision addresses certain crimes, including, but not limited to, mayhem (NRS 200.280), kidnapping (NRS 200.310), sexual assault (NRS 200.366), robbery (NRS 200.380), and battery with intent to commit a crime (NRS 200.400). In the event an individual is convicted of any of the listed crimes in NRS 193.1675, there is the possibility of a sentence enhancement if it is determined by a Court that the crime was committed “because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator.” However, NRS 193.1675 specifically states that this section does not create a separate offense but provides an additional penalty for the primary offense.

NRS 207.185 makes certain unlawful acts a gross misdemeanor if it is determined that the unlawful act was committed “by reason of the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of another person or group of persons.”

NRS 207.185 provides, "Unless a greater penalty is provided by law, a person who, by reason of the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of another person or group of persons, willfully violates any provision of assault (NRS 200.471), battery (NRS 200.481), older person as victim (NRS 200.5099), harassment (NRS 200.571), stalking (NRS 200.575), breach of peace (NRS 203.010), assembling to disturb peace or commit unlawful act (203.020), provoking commission of breach of peace (NRS 203.030), unlawful assembly (NRS 203.060), armed association (NRS 203.080), disturbing meeting (NRS 203.090), offenses in public conveyances (NRS 203.100), criminal anarchy (NRS 203.110), commission of act in public building or area interfering with peaceful conduct of activities (NRS 203.119), destruction or damage of property by unlawful assembly (NRS 206.010), entering property with intention to damage or destroy property (NRS 206.040), nuisance in building; trespass upon grounds; disturbing assembly (NRS 206.140), posting of bills, signs or posters unlawful (NRS 206.200), injury to other property (NRS 206.310), threatening or obscene letters or writings (NRS 207.180), unlawful trespass upon land; warning against trespassing (NRS 207.200) or penalty for not closing gates (NRS 207.210), is guilty of a gross misdemeanor."

NRS 179A.175 requires the Director of the State of Nevada Department of Public Safety to establish within the Central Repository for Nevada Records of Criminal History, a program for reporting crimes

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NRS 41.690 affords a civil cause of action for damages resulting from specific criminal violations if the perpetrator was motivated by certain characteristics of the victim.

The University's definition of a "bias incident" is broader than the state and federal laws governing hate crimes. For information on federal hate crime legislation and the FBI's enforcement of it, go to: http://www.fbi.gov/hq/cid/civilrights/hate.htm

STANDARDS OF CONDUCT

The NSHE Code and the UNLV Student Conduct Code list acts, which are prohibited and that may result in conduct sanctions, some of which, depending on the facts, may apply to incidents of bias.

The behavior of all members of the University community is governed by the Nevada System of Higher Education (NSHE) Code. The behavior of University students is also governed by the UNLV Student Conduct Code.

For more information on the NSHE Code and relevant procedure go to T2-CH06-Rules and Disciplinary Procedures for Members of the University Community, Except DRI located at: http://system.nevada.edu/Board-of-R/Handbook/TITLE-2---/index.htm

For more information on the UNLV Student Conduct Code and relevant procedure, go to: http://studentlife.unlv.edu/judicial/StudentConductCode.pdf

COMPLAINTS OF DISCRIMINATION AND SEXUAL HARASSMENT

The University EEO/AA Officer enforces the University's policies against discrimination and sexual harassment. Students, prospective students, employees and applicants are protected from intimidation, coercion, interference, discrimination, or sexual harassment for filing complaints or assisting in the investigation of such complaints under all applicable federal and state laws and regulations. The EEO/AA Officer is the "front door" for all complaints of discrimination and sexual harassment. If after conducting an investigation of the charges disciplinary action is warranted, the case is referred to the appropriate administrative officer for disciplinary action. For more information on the EEO/AA Officer and discrimination or sexual harassment complaint process, go to: http://hr.unlv.edu/Diversity/complaints.html

CONTACTS AND RELATED RESOURCES

Contacts

Vice President for Student Affairs Chief of Police Vice President for Diversity and Inclusion

List of Relevant UNLV Resources (referenced in this Policy)

Conflict Resolution Network Department of Police Services

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EEO/AA (Equal Employment/Educational Opportunity/Affirmative Action) Officer Office of Human Resources Office of Student Conduct Office of the Vice President for Student Affairs Office of the Vice President for Diversity and Inclusion Institute for Multicultural Education and Diversity Training

Additional Relevant UNLV Resources

CSUN Diversity Council CSUN Senate Disability Resource Center Equity Compliance and Education Council Faculty Senate First Year Programs and Transition Services Jean Nidetch Women’s Center Graduate and Professional Student Association Office of the General Counsel Office of the Senior Vice President for Academic Affairs and Provost Professional Staff Committee Classified Staff Council Representative to the NSHE Equity, Diversity, and Inclusion Council (EDIC) Saltman Center for Conflict Resolution Staff Development and Employee Relations Student Counseling and Psychological Services Student Diversity Programs and Services Student Health Center UNLV CSUN Student Government

[Contact/Resource information to be added when policy is finalized]

DEFINITIONS AND RELATED EXAMPLES

DEFINITIONS

For the purposes of this policy (and embedded procedure) only:

A. “Bias Incidents” refers to verbal, written, or physical acts of intimidation, coercion, interference, frivolous claims, discrimination, and sexual or other harassment motivated, in whole or in part, by bias based on actual or perceived race, ethnicity, color, religion, creed, sex (including gender identity or expression, or a pregnancy related condition), sexual orientation, national origin, military status or military obligations, disability (including veterans with service-connected disabilities), age, marital status, physical appearance, political affiliation, or on the basis of exercise of rights secured by the First Amendment of the United States Constitution. Such acts, although in violation of applicable University codes of employee and/or student conduct may or may not violate state or federal statutes. Bias incidents do not include statements made on controversial issues that serve to promote intellectual inquiry into those issues. While such statements and related discussion can cause feelings of discomfort, a “reasonable person” can and must differentiate these statements from bias incidents.

B. “Hate Crime” refers to any criminal offense committed against a person or property that is motivated, in whole or in part, by an offender’s bias against actual or perceived race, religion, disability, ethnic/national origin identity or sexual orientation identity.

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EXAMPLES

A few examples bias incidents and hate crimes are listed below. These examples are illustrative, not all-inclusive. If an incident or crime appears to be motivated by bias, prejudice, bigotry, or hatred, it will be handled as a bias incident, hate crime, or both as is appropriate, unless or until other motives are identified, or the intent to threaten, harass, or intimidate on the basis of bias or hate can not be substantiated.

1. Phone calls or e-mails that are intended to threaten, harass, or intimidate on the basis of bias or hate.

2. Graffiti or physical property vandalism demonstrating the intent to threaten, harass, or intimidate on the basis of bias or hate.

3. Vandalism to property identified with a particular group—for example, a place of worship, or the known meeting facilities of an ethnic or sexual orientation organization—in the absence of evidence of other motives, and if there is intent to threaten, harass, or intimidate on the basis of bias or hate.

4. A threat or actual assault, in the absence of other apparent motivation, accompanied by epithets relating to bias or hate.

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UNR

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(CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 18 of 56 DEPARTMENT OF POLICE SERVICES GENERAL ORDER NO: 08-007

SUBJECT: HATE CRIME INVESTIGATIONS

I. PURPOSE: This General Order outlines the manner in which members of the University Police Services will respond to and investigate any report of a hate crime.

II. POLICY: It shall be the policy of University Police Services to promptly respond to and thoroughly investigate any reports of suspected hate crimes.

III. EFFECTIVE: April 1, 2002 (Revised August 1, 2004) (Revised December 1, 2007) (Revised July 15, 2008) (Revised August 13, 2008)

IV. DEFINITIONS FOR PURPOSES OF THIS POLICY

A. HATE CRIME

A hate crime is defined under NRS 193.1675 or 207.185, as a crime against another, which is motivated by virtue of the victim’s actual or perceived race, color, religion, natural origin, physical or mental disability or sexual orientation.

V. INITIAL RESPONSE AND INVESTIGATION

A. INITIAL RESPONSE

All reports of suspected hate crimes will be investigated. University Police Officers will respond to reported hate crimes in a manner consistent with the General Orders of this department.

1. Arrive at the scene, using the appropriate officer safety tactics.

2. Determine if the suspect is still at the scene. If so, locate and secure the suspect.

3. Determine what, if any, crime has been committed.

4. Separate the victim(s), suspect, and witnesses.

B. PRELIMINARY INVESTIGATION

Officer(s) will conduct a preliminary investigation, which includes a written report on all suspected hate crimes.

1. Interview any victims and witnesses separately. Obtain written statements from them, if possible.

2. Determine the reason that the victim(s) or witness (es) believes the reported crime is a hate crime, consistent with Section V.A of this General Order.

3. Note and document the victim’s condition and demeanor, any visible evidence of injury to any of the involved parties, any complaints of injuries that are not visible, signs of torn or disarrayed clothing, smeared makeup, and any damage and/or disarray at the scene of the incident.

4. If appropriate, interview the suspect and attempt to obtain a statement. Document any spontaneous or alibi statements. Advise the suspect of his/her Constitutional Rights before questioning if he/she is the focus of the investigation or in custody.

1 (CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 19 of 56 5. Collect evidence or notify FIS, if appropriate.

6. Photograph any injuries and the scene.

7. In cases where there is evidence of injury, obtain the names of attending medical professionals including paramedics, physicians and nurses. Obtain a medical records release from the victim.

8. Make an arrest when the known facts and circumstances dictate that an arrest be made consistent with statutory law.

9. Complete the appropriate reports as required by General Order 06-006.

10. Request any assistance from the department Investigator and notify the on call Commander.

VI. INVESTIGATOR’S RESPONSIBILITIES

Investigator is responsible to ensure that reported incidents of hate crimes are properly and thoroughly investigated and that all required reports are accurately completed.

A. NOTIFICATIONS

The Investigator or the senior officer present is responsible to ensure that personnel at the scene have the knowledge and skill to appropriately investigate the incident. If the Investigator or senior officer on duty believes additional resources are necessary, they will contact the on call department Commander. If a Commander is unavailable, the Investigator or senior officer will then contact the Director. If they are unable to contact a department command person, they may request assistance from the Reno Police Department detectives or Washoe County Sheriff’s Office detectives.

B. REPORT DOCUMENTATION

The Investigator or the senior officer present are responsible for ensuring that all reports concerning hate crimes are completed in accordance with General Order 06-006.

VII. FOLLOW-UP INVESTIGATION

Follow-up investigation of reported incidents of hate crimes will be done on a routine basis to ensure that all- possible information and evidence is collected and forwarded to the City Attorney, District Attorney or the Attorney General to aid in prosecution.

A. RESPONSIBILITY FOR REVIEW AND FOLLOW-UP INVESTIGATION

Follow-up investigation on hate crime cases will be assigned, as follows:

1. In cases involving felony and/or gross misdemeanor crimes, the Investigator is responsible for overseeing the follow-up investigation.

2. In cases involving misdemeanor crimes, the officer that took the original case, or another officer, under the guidance of the Investigator, will complete the follow-up investigation.

B. STEPS IN FOLLOW-UP INVESTIGATION

At a minimum, follow-up investigation of incidents involving a hate crime should include the following steps:

1. Ensure that the investigative steps described above have been completed. Appropriate action is to include steps that have been omitted, whenever possible.

2. Obtain medical records, if available.

3. Re-interview the victims and witnesses, if necessary.

2 (CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 20 of 56 5. Obtain photographs of the victim's injuries 24 to 48 hours after the incident, irrespective of whether photos were taken at the time of the original report.

6. Obtain any records of prior reports, arrests, and convictions involving hate crimes and forward copies to the City or District Attorney or Attorney General, as appropriate.

7. Contact the victim and witnesses to inform them of the status of the case and the intended referral to the City or District Attorney or Attorney General.

8. Obtain and document the names, addresses, and telephone numbers of two close friends or relatives of the victim who will know of her/his whereabouts six to twelve months from the time of the original investigation.

VIII. REFERRAL TO PROSECUTING AGENCY

All reported hate crimes in which a suspect has been identified will be forwarded to the appropriate prosecuting agency for review. The decisions as to whether to prosecute a hate crime, to seek a warrant for the arrest of a suspect or the declination to prosecute shall rest with the prosecuting agency.

IX. HATE CRIME PREVENTION

University Police personnel will provide hate crime prevention education (recognition, response and reporting) in all orientations sessions which police participate in.

BY ORDER OF:

Director of Police Services Distribution: A

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NSC This is a draft. This still needs Faculty Senate approval.

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(CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 24 of 56 NEVADA STATE COLLEGE Date Issued: 10/24/2008 POLICY LIBRARY

Hate Crimes

Approved: ______Fred Maryanski, President Date

Approved: ______Lesley Di Mare, Provost Date

POLICY STATEMENT ______It is the policy of Nevada State College to prevent, respond to, and resolve incidents and/or crimes motivated by bias, prejudice, bigotry, or hatred against individuals, groups, organizations, businesses, or institutions on the basis of actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation.

______REASON FOR POLICY

The Nevada System of Higher Education Board of Regents has mandated that its institutions formulate and submit Hate Crimes policies. NSC’s policy reflects policies at other NSHE institutions and was modeled after Western Nevada College and Great Basin College’s Hate Crimes Policies.

The policy and procedures set forth relate to a secondary process (aside from the criminal investigation) where the institution responds to the alleged commission of a hate crime on campus. It is a law enforcement matter to determine if a hate crime occurs. It is an institutional matter to prevent, respond to and investigate hate crimes and any alleged acts of discrimination and violations of the NSHE Code and the student code of conduct when those occur. As per NSHE Code, it is forbidden for a member of the NSHE community to commit a hate crime. draft

______ENTITIES AFFECTED BY THIS POLICY

• President • Provost • Vice Presidents • Provost Council • Dean/Directors • All Faculty • All Staff

______1 (CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 25 of 56 Date Issued: NSC Hate Crimes Policy

• NSC Students

______WHO SHOULD READ THIS POLICY

• President • Provost • Vice Presidents • Provost Council • Dean/Directors • All Faculty • All Staff

NSC students, faculty and staff should be aware of this policy, and, as such, this policy should be provided to all employees at time of hire. The Hate Crimes Policy should also be incorporated into student publications to ensure that students are aware of this policy.

______

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CONTENTS

Policy Statement 3.1 1 Reasons for Policy 1 Entities Affected by this Policy 1 Who Should Read This Policy 2 Contacts 4 Policy 5

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CONTACTS ______Direct any general question about the Hate Crimes Policy to Dr. René Cantú Jr., Vice President of Multicultural Affairs. If you have questions about specific issues, contact us:

Question Contact Telephone E-mail Any Question Dr. René Cantú Jr. (702) 992-2011 [email protected] Ly Doan (702) 992-2142 [email protected]

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POLICY STATEMENT

Policy

It is the policy of Nevada State College to prevent, respond to, and resolve incidents and/or crimes motivated by bias, prejudice, bigotry, or hatred against individuals, groups, organizations, businesses, or institutions on the basis of actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation.

Definitions

A hate crime is defined in Nevada law as a crime listed under NRS 193.1675 or NRS 207.185 against another person that is motivated by virtue of the victim’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation. Hate crimes are particularly repugnant to the mission of the Nevada System of Higher Education (NSHE) and detrimental to the responsibility of NSHE to provide a safe environment for education, research and service for the NSHE community. (NSHE Title 4, Chapter 1, Section 30)

• A. Bias incidents refer to acts of bias, prejudice, bigotry, and/or hatred that do not violate laws but do constitute conduct prohibited by NSHE Code, Chapter 6 provisions. • B. Hate crimes refer to acts of bias, prejudice, bigotry, and/or hatred that violate NRS Codes or federal statutes and do constitute conduct prohibited by NSHE Code, Chapter 6 provisions. • C. Bias incidents and hate crimes are acts, or threatened or attempted acts, by any person or group of persons intended to cause emotional suffering, physical injury, or property damage against the person or property of another individual or group, which is or appears to be motivated, all or in part, by bias, prejudice, bigotry, and/or hatred.

Reporting Hate Crimes

At NSC hate crimes, like any other crime, should be reported by students or employees immediately. Anyone who needs to report a hate crime, or any other crime, should call the Henderson Police or 911 if it is an emergency or 9 911 fromdraft a campus telephone. All crimes, including hate crimes, require a call to the local police department to file a complaint.

Prevention, Response and Investigation

A. NSC has a legal and ethical obligation to provide a safe learning and working environment free from discrimination, threats or violence. Just as supervisors, managers, and administrative faculty have a legal and ethical obligation to address and/or report suspected bias incidents and/or hate crimes, academic faculty members have a legal and ethical obligation to address and/or report such incidents that occur in the academic environment. Every employee and student can actively contribute to a safe and respectful campus environment by reporting suspected bias incidents and/or hate crimes immediately to the NSC Office of Multicultural Affairs, Campus Security and/or local law enforcement ______(CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 29 of 56 5 Date Issued: NSC Hate Crimes Policy

authorities. The Multicultural Affairs Office can be reached at campus telephone extension 2142 or (702) 992-2142. Campus Security can be reached at campus telephone extension 2222; calling (702) 992-2222. Local law enforcement authorities can by reached by dialing 911, or 9-911 from a campus telephone. B. All reports of suspected bias incidents and/or hate crimes will be investigated. Depending upon the circumstances of the incident, the investigation will be conducted by the Vice President of Multicultural Affairs, the State Department of Personnel, or local law enforcement authorities. C. In the event a member of the NSC campus community, including faculty, staff, and students, engages in a bias incident or hate crime, the college may, in addition to reporting the activity to local law enforcement authorities, place the student on emergency suspension or the employee on administrative leave or emergency suspension pursuant to the NSHE Code, Title 2, Chapter 6, Section 6.5 and/or the NSC Student Code of Conduct to protect life, limb or property pending a disciplinary hearing, and initiate a Chapter 6 proceeding to determine whether disciplinary sanctions should be imposed against the student or college employee. D. In the event a person who is not a member of the NSC campus community engages in a bias incident or hate crime, the president or president's designee may, in addition to reporting the activity to local law enforcement authorities, inform the person that the person is not authorized to remain on the premises and that the person's continued presence could subject the person to liability for trespass or loitering as prescribed by law pursuant to NSHE Code, Title 2, Chapter 6, Section 6.18. E. This policy will be disseminated to all employees and will be published in the NSC Student Handbook. F. Nothing in the preceding shall negate or restrict any right protected by the 1st and 14th amendments to the United States Constitution or Article 1, Section 9 of the Nevada Constitution.

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CSN

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1. POLICY PURPOSE AND BACKGROUND The College of Southern Nevada (CSN) is committed to providing a safe and secure environment to all students, faculty, staff, and college visitors. CSN will continuously strive to enhance the quality of life at its campuses, centers and sites by implementing policies and procedures to protect these environments. Hate crimes cannot be tolerated in the college environment.

Hate crimes are defined generally as crimes which in whole or part are motivated by the perpetrator's bias toward the victim's actual or perceived race, color, religion, national origin, physical or mental disability, or sexual orientation. Hate crimes not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs.

The reporting and pursuit of disciplinary action and criminal prosecution of hate crimes helps to protect faculty, staff, students, and members of the general public against future occurrences.

2. POLICY STATEMENT CSN is committed to maintaining a positive learning environment which is safe and secure for students, faculty, staff, and visitors to our college campuses, centers, and sites. Hate crimes are not consistent with the mission of CSN, therefore crimes which target individuals due to race, color, religion, national origin, physical or mental disability, or sexual orientation will not be tolerated. Furthermore, CSN will strive to ensure that hate crimes are prosecuted by the appropriate authorities.

CSN will promptly investigate all allegations of hate crimes, gather evidence related to the allegation, and review and analyze evidence to identify perpetrators. Incidents involving students will be referred to the office of the Vice President for Student Affairs for disciplinary action based upon due process as outlined in the NSHE Student Conduct Code.

Incidents involving allegations against faculty or staff will be referred to the Department of Human Resources for disciplinary action based upon due process as outlined in the NSHE Code and Nevada Administrative Code. This policy does not negate CSN's commitment to and protection of academic freedom.

3. AUTHORITY AND CROSS REFERENCES

The basis for this policy is provided in the following:

• Title 18, U.S.C., Section 241, Section 245, Section 994

• N.R.S. 193.1675, 206.125, 207.185

• NSHE Title 4 Chapter 1 Section 30

• CSN Student Rights and Responsibilities

• Any additional laws that may be enacted

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(CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 33 of 56 4. KNOWLEDGE OF THIS POLICY

All CSN students, faculty and staff should be aware of this policy.

5. DEFINITIONS

CSN defines hate crimes in accordance with current law and code.

6. RESPONSIBILITIES All students, faculty and staff should foster an environment in which hate crimes will not be tolerated and have a responsibility to report allegations of hate crimes.

The CSN Police Department will investigate alleged violations of this policy at the institutional level in accordance with the NSHE Code of Conduct. In addition, the CSN Police Department has the responsibility to report their findings and/or recommendations regarding allegations of hate crimes to the appropriate campus authority and criminal conduct to the appropriate civil authority.

CSN, through the Vice President for Student Affairs or his/her designee has the responsibility to pursue disciplinary action against students who have been found to have violated this policy.

CSN, through the Human Resources department and appropriate policies has the responsibility to pursue disciplinary action against any employee of CSN who has been found to have violated this policy.

7. EXCEPTIONS No exceptions are anticipated.

8. CONTACT INFORMATION Contact information or questions about this policy should be directed to the Office of the Vice President for Student Affairs, Campus Student Conduct Officers, CSN Police Department, or the Human Resources Department.

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GBC

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POLICY AND PROCEDURE

Title: Hate Crime Prevention Policy No.: 4.25 Department: Safety & Security Department Contact: Director, Safety & Security

Policy A hate crime is defined in Nevada law as a crime listed under NRS 193.1675 or NRS 207.185 against another person which is motivated by virtue of the victim’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation. Hate crimes are particularly repugnant to the mission of the Nevada System of Education (NSHE) and detrimental to the responsibility of NSHE to provide a safe environment for education, research and service for the NSHE community. (NSHE Title 4, Chapter 1, Section 30)

Great Basin College subscribes to the dictates of Nevada law and NSHE regulations regarding hate crimes. The college has a zero tolerance policy regarding crimes against members of the campus community.

Procedure 1.0 Emergency Procedure The GBC safety and security website provides the numbers to contact the campus director or Elko campus security for immediate assistance and the designated emergency contact persons to report any type of problem or crime. The website is http://www.gbcnv.edu/security/emergency.html.

2.0 Reporting Hate Crime At Great Basin College hate crimes, like any other crime, should be reported by students or employees immediately. The safety and security website provides directions on how and when to report a crime including calling 911 to contact the police department or county sheriff in order to file a criminal report. It is the policy of the Great Basin College security department that all major crimes including hate crimes require a call to the local police department to file a complaint.

3.0 Campus Administrative Procedures Once the immediate situation has been handled and everyone is safe or if needed has received medical attention then the campus director or security officer will contact the director of safety & security and the appropriate vice president. The vice-president or director of safety & security will then contact the college president. At Great Basin College the vice-president of student services is also the administrative officer and will be notified to begin campus administrative procedures in accordance with the Nevada System of Higher Education Code, Title 2, Chapter 6: Rules and Disciplinary Procedures for Member of the University Community.

4.0 Crime Investigation The director of safety & security or the campus director will be the direct contact for the local police agency investigating the crime. Based on the exact situation and the decision by the victim regarding filing a criminal complaint the director of safety & security may assist the police agency in their investigation or conduct the internal investigation under the direction of the administrative officer.

4.25 Hate Crimes Policy July 22, 2008 Page 1 of 2

(CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 37 of 56 5.0 Victim Support Support and assistance will be offered to the victim of any crime and all persons will be strongly encouraged to follow through with their criminal complaint.

6.0 Further Information Should any member of the campus community have questions the Great Basin College general catalog clearly states the NSHE and GBC student conduct policy. This includes what is considered misconduct under NSHE Code Title 2, Chapter 6 Section 6.2.2 (m) any act prohibited by local, state or federal law. The GBC hate crimes policy can be reviewed at the GBC safety and security website. which provides directions on how and when to report a crime. Any person having concerns regarding possible hate crimes or actions to themselves or others should contact the director of safety & security to discuss their concerns by phone @ 775-753-2115 or email at [email protected].

7.0 Training The director of safety and security includes hate crime prevention training (recognition, a response and reporting) within the campus safety and public building safety training programs which are offered each semester. These programs are offered to all students, faculty and staff. The director also explains and discusses hate crime prevention and violation consequences during the mandatory training for housing students at the beginning of each semester. In addition, the vice-president for student services/administrative officer has included hate crime prevention training in the institutional harassment awareness workshops, which review both sexual harassment and other types of unlawful harassment. Hate crime prevention will be included in the college catalog and the GBC student handbook which is used for new student orientation.

Approved by President’s Council: July 22, 2008 Contact the assistant to the president for any questions, corrections, or additions.

4.25 Hate Crimes Policy July 22, 2008 Page 2 of 2

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TMCC

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TMCC Police Department General Order

Title: HATE CRIMES Issue Date: September 8, 2008 Replaces: November 22, 2005 Authority: Randy Flocchini, Chief of Police

PURPOSE This policy prescribes the Hate Crimes policy for TMCC Police Department members. The policy has been established and published by TMCCPD and approved by the Chief of Police. This directive is for internal use only and does not enlarge this department's and/or any of its employees' civil or criminal liability in any way. It is not to be construed as the creation of a particular standard of safety or care in an evidentiary sense, with respect to any complaint, demand for settlement, or any other form of grievance or litigation. Violations of this directive, if substantiated, can only form the basis for intra- departmental administrative sanctions.

POLICY TMCC values the great diversity of its people and recognizes that a threat against any portion of our community is truly a threat against our diverse way of life. Acts or threats of violence motivated by hatred or prejudice are serious acts, often vicious in nature, which tear at the fabric of our community. These occurrences generate fear and concern among victims as well as the entire community and have a potential of recurring, escalating, and possibly causing counter-violence.

It is the policy of TMCCPD to ensure that the rights of all people, as guaranteed by the Constitution of the United States and the State of Nevada, are protected. Among those constitutional guarantees is the right of all people to live without fear of attack by or threat from an individual or group due to hatred or prejudice. An act or threat of violence motivated by hatred or prejudice threatens this constitutional guarantee and generates fear and concern among victims and the public. When any act motivated by hatred or prejudice occurs, the Department will ensure that it is dealt with on a priority basis and use every necessary legal resource to rapidly and decisively identify the suspects and bring them to justice.

Page 1 of 5 Hate Crimes (CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 41 of 56 “HATE CRIME” DEFINED A hate crime is a criminal act, committed in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

a.) Disability b.) Gender c.) Nationality d.) Race or ethnicity e.) Religion f.) Sexual orientation

“BIAS INCIDENT” DEFINED A bias incident is any non-criminal act including, but not limited to, words directed against a person(s) based on that person’s actual or perceived race, nationality, religion, sexual orientation, disability, or gender. Bias incidents include, but are not limited to; epithets, distributions of hate material in public places, posting of hate material, and the display of hatred material on one’s own property.

CRIMINAL STATUTES NRS 193.1675 – Provides an enhanced penalty upon conviction for any violation of certain crimes because of actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim different from that characteristic of the perpetrator to include:

a.) Mayhem - (200.280) b.) Kidnapping - (200.310) c.) Sexual Assault - (200.366) d.) Robbery - (200.380) e.) Battery With Intent to Commit a Crime - (200.400) f.) False Imprisonment - (200.460) g.) Purchase or Sale of Person - (200.465) h.) Abuse and Neglect of Children (200.508) i.) Abuse, Neglect, Exploitation or Isolation of Older Persons (200.5099) j.) Stalking (200.575)

NRS 200.033(11) – Describes the circumstances by which murder of the first degree may be aggravated when the murder was committed upon a person because of the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of that person.

NRS 206.125 – Prohibits knowingly vandalizing, placing graffiti on, defacing, or otherwise damaging cemeteries, churches, synagogues, schools, mortuaries, etc.

Page 2 of 5 Hate Crimes (CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 42 of 56 NRS 207.185 – Provides an enhanced penalty upon conviction for any violation of certain crimes by a person who, by reason of the actual or perceived race, color, religion, national origin, physical or mental disability, or sexual orientation of another person or group of persons, willfully violates any provisions of:

a.) Assault (200.471) b.) Battery (200.481) c.) Abuse, Neglect, Exploitation or Isolation of Older Persons (200.5099) d.) Harassment (200.571) e.) Stalking (200.575) f.) Breach of Peace (203.010) g.) Assembly to Disturb Peace (203.020) h.) Provoking Commission of Breach of Peace (203.030) i.) Unlawful Assembly (203.060) j.) Armed Association (203.080) k.) Disturbing Meeting (203.090) l.) Offenses in Public Conveyances (203.100) m.) Forcible Entry and Detainer (203.110) n.) Omission of an Act in Public Building or Area Interfering with Peaceful Conduct of Activities (203.119) o.) Destruction or Damage of Property by Unlawful Assembly (206.010) p.) Entering Property with Intention to Damage to Destroy Property (206.040) q.) Nuisance in Building; Trespass upon Grounds; Disturbing Assembly (206.140) r.) Posting of Bills, Signs or Posters Unlawful (206.200) s.) Injury to Other Property (206.310) t.) Threatening or Obscene Letters or Writings (207.180) u.) Trespass (207.200) v.) Destruction of Signs or Notices Forbidding Trespass (207.210)

PREVENTING AND PREPARING FOR LIKELY HATE CRIMES Hate crimes and bias incidents are viewed in the community not only as crimes against the targeted victim but also as a crime against the victim’s racial, ethnic, or sexual orientation group as a whole. Officers should take proactive steps to establish contact with persons and groups within the community who are likely targets of hate crimes in order to foster relationships that encourage prevention, timely reporting, and open communication.

INVESTIGATING HATE CRIMES / BIAS INCIDENTS ™ Whenever any member of this department receives a report of a suspected hate crime or other activity that reasonably appears to involve a potential hate crime, an officer shall be notified and an investigation initiated promptly.

™ The assigned officer(s) will take all reasonable steps to preserve available evidence that may tend to establish that a hate crime was involved.

™ A supervisor should be notified of the circumstances as soon as practical.

Page 3 of 5 Hate Crimes (CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 43 of 56 ™ Depending on the situation, the assigned officer(s) may request additional assistance from appropriate local, state, and/or federal resources.

™ The unwillingness of a victim to sign a report or the absence of a known victim does not relieve the officer of the requirement to complete the appropriate report and forms.

™ TMCCPD personnel should be particularly sensitive to any incident, act, or other occurrence that has the potential to be considered a hate-based act. If it is determined that a bias incident has occurred, a crime or incident report shall be completed as it would be for any other crime or incident. Personnel will designate the crime or incident report as a hate crime by writing, “Hate Crime Incident Report” on the face sheet.

™ After designating the crime as a hate crime, personnel will be required to complete the Hate Crime Incident Report Form (see attached). Proper and thorough completion of this report is required by the United States Government as defined in the Hate Crimes Statistics Act of 1990.

™ A supervisor will review the completed report and confirm or negate the apparent motivation behind the incident as being a hate-related occurrence.

™ The approving supervisor shall forward the approved TMCCPD police report to the Administrative Lieutenant as soon as practical. The Administrative Lieutenant will review each report and ensure that a proper and complete investigation of each incident has been conducted. The Administrative Lieutenant shall ensure that the original report is submitted to the Records Section in a timely manner.

™ The Records Section will ensure the proper collection, retention, and distribution of all hate crime reports for reporting as further defined in the Hate Crime Statistics Act of 1990.

Additional: TMCC policy requires the Associate Dean of Student Services to conduct investigations of violations of system policy. The Nevada System of Higher Education Code (NSHE), Title 2, Chapter 6, §6.2(6.2.2)(o) defines misconduct as, “Any act of unlawful discrimination based on race, creed, color, sex, age, handicap or national origin...”. If the investigating officer determines the alleged misconduct meets this threshold, and the allegation is made against a TMCC student, the investigating officer should formally provide the Associate Dean of Student Services the name(s) of the involved parties and the basic facts of the allegations as soon as practical. The investigating officer shall include in his or her police report the date and time notification occurred.

Page 4 of 5 Hate Crimes (CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 44 of 56 COMMUNITY RELATIONS / CRIME PREVENTION Working constructively with segments of the community after such incidents is essential to help reduce fears, stem possible retaliation, help prevent similar incidents, and encourage any previously victimized individuals to come forward and report those crimes. The Administrative Lieutenant shall ensure that TMCCPD and/or appropriate personnel/agencies:

a.) Meet with students, faculty, staff, visitors, and other identified groups to allay fears; relay the Department’s concern reference this and other related incidents; and attempt to reduce the potential for counter-violence, and provide safety, security and crime prevention information.

b.) Provide direct and referral assistance to the victim as it relates to the specific incident (e.g., Temporary Protective Order, etc.).

c.) Conduct public meetings on hate crime / bias incident threats and violence as it relates to specific incidents.

No further.

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WNC

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Procedure: BIAS INCIDENTS/ HATE CRIMES POLICY Policy No.: 10-1-9 Department: Public Safety Contact: Director of Public Safety

Policy: A hate crime is defined in Nevada law as a crime listed under NRS 193.1675 or NRS 207.185 against another person that is motivated by virtue of the victim’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation. Hate crimes are particularly repugnant to the mission of the Nevada System of Education (NSHE) and detrimental to the responsibility of NSHE to provide a safe environment for education, research and service for the NSHE community. (Board of Regents Handbook, Title 4, Chapter 1, Section 30.)

It is the policy of Western Nevada College to prevent, respond to, and resolve incidents and/or crimes motivated by bias, prejudice, bigotry, or hatred against individuals, groups, organizations, businesses, or institutions on the basis of actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation.

Section 1. Definitions

A. Bias incidents refer to acts of bias, prejudice, bigotry, and/or hatred that do not violate laws but do constitute conduct prohibited by NSHE Code, Chapter 6.

B. Hate crimes refer to acts of bias, prejudice, bigotry, and/or hatred that do break laws and do constitute conduct prohibited by NSHE Code, Chapter 6.

C. Bias incidents and hate crimes are acts, or threatened or attempted acts, by any person or group of persons intended to cause emotional suffering, physical injury, or property damage against the person or property of another individual or group, which is or appears to be motivated, all or in part, by bias, prejudice, bigotry, and/or hatred.

Section 2. Prevention, Response, and Investigation

A. WNC has a legal and ethical obligation to provide a safe learning and working environment free from discrimination, threats or violence. Just as

(CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 49 of 56 supervisors, managers, and administrative faculty have a legal and ethical obligation to address and/or report suspected bias incidents and/or hate crimes, academic faculty members have a legal and ethical obligation to address and/or report such incidents that occur in the academic environment. Every employee and student can actively contribute to a safe and respectful campus environment by reporting suspected bias incidents and/or hate crimes immediately to the WNC Human Resources Office, the Public Safety Department and/or local law enforcement authorities. The Human Resources Office can be reached at campus telephone extension 4237 or (775) 445-4237. The Public Safety Department can be reached at campus telephone extension 3308; calling (775) 445-3308 or (775) 230-1952. Local law enforcement authorities can by reached by dialing 911, or 9-911 from a campus telephone.

B. All reports of suspected bias incidents and/or hate crimes will be investigated. Depending upon the circumstances of the incident, the investigation will be conducted by the Dean of Students, the Human Resources Office, the Public Safety Department, the State Department of Personnel, Sexual Harassment/Discrimination Unit or local law enforcement authorities.

C. In the event a member of the WNC campus community, including faculty, staff, and students, engages in a bias incident or hate crime, the college may, in addition to reporting the activity to local law enforcement authorities, place the student or employee on administrative leave pursuant to NSHE Code, Title 2, Chapter 6, Section 6.5 to protect life, limb or property pending a disciplinary hearing, and initiate a Chapter 6 proceeding to determine whether disciplinary sanctions should be imposed against the student or college employee.

D. In the event a person who is not a member of the WNC campus community engages in a bias incident or hate crime, the president or president’s designee may, in addition to reporting the activity to local law enforcement authorities, inform the person that the person is not authorized to remain on the premises and that the person’s continued presence could subject the person to liability for trespass or loitering as prescribed by law pursuant to NSHE Code, Title 2, Chapter 6, Section 6.18.

E. This policy will be disseminated to all employees and will be published in the WNC Student Handbook.

Adopted: College Council 10/17/08 Revised: NSHE Code: Title 2, Chapter 6, Section 6.18; Title 2, Chapter 6, Section 6.5; Board of Regents Handbook, Title 4, Chapter 1, Section 30 NRS 193.1675 or NRS 207.185

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Please direct comments about this page to the Assistant to the President URL http://www.wnc.edu/policymanual/10-1-9 ______Return to WNC Home Page│Policy and Procedure Home Page

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DRI

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Hate Crimes Policy An employee who commits a hate crime a) against another DRI employee, b) during work hours, c) while traveling on DRI business, or d) on, against, or using DRI property shall be subject to discipline. Procedures for the prevention, response and investigation of hate crimes are in the Administrative Manual.

Administrative Manual

DRI Hate Crimes Policy and Procedures

Policy: A hate crime is defined in Regent’s Handbook Title 4, Chapter 1, Section 30 {link to BoR} and Nevada law as a crime listed under NRS 193.1675 or NRS 207.185 {link to NRS} against another person which is motivated by virtue of the victim’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation. For purposes of this policy, “religion” includes the lack or absence of religion. The FBI Uniform Crime Reporting Program (28 USC 534), Campus Security Act (20 USC 1092) along with state and local hate crime legislation list specific crimes which are identifiable as a hate crime, including murder, manslaughter, robbery, aggravated assault, burglary, motor vehicle theft, arson, forcible and non-forcible sex offenses, intimidation, destruction, damage or vandalism of property, and other crimes involving injury to any person or property.

Procedures: 1. Emergency Procedure: To report a life-threatening crime in progress, or any other life threatening emergency, dial 911 immediately, then 4411 {link to AM9.02.01 Emergency Operations Management Plan) and follow internal reporting procedures outlined in the DRI Emergency Operations Management Plan (See Admin Manual Section 9.02). The DRI Internal Web site lists additional non life-threatening Emergency Information and Phone numbers for each campus location. 2. Reporting: All hate crimes (life-threatening and non life-threatening) should be reported to the appropriate law enforcement agency for your campus location.

NNSC & MAXEY (Reno) TMCC Police (775) 674-7900 Weather Modification Washoe County Sheriff (775) 785-4629 Facility (Stead Hanger) SNSC (Las Vegas) UNLV Police (702) 895-3668 Boulder City Boulder City Police (702) 293-9244 Steamboat Springs, CO Steamboat Springs Police (970) 879-1144 If you are traveling on DRI business, please contact the appropriate local

(CULTURAL DIVERSITY AND SECURITY COMMITTEE 02/05/09) Ref. CDS-3, Page 55 of 56 law-enforcement agency for your travel location to report a hate crime incident. Please write down exactly what happened, obtain a written account from any witnesses, and preserve any relevant records (e.g., recording of phone calls, e-mails, letters, photos of damage, etc.) to be submitted as evidence. Upon your return to DRI complete a DRI Incident Report {link to AM 9.0204} for our internal record keeping. 3. Crime Investigation: Once a hate crime has been reported, an appropriate crime (police) report and internal DRI Incident Report must be completed and turned into the Senior VP Finance and Administration Executive Assistant. DRI has the responsibility to report to NSHE all acts and incidents related to hate crimes and to thoroughly and completely investigate all hate crime violence or activity. 4. Response: Medical attention, protection, and counseling will be offered to the victim of any crime and all persons will be strongly encouraged to follow through with their criminal complaint. Victims of, or witnesses to, hate related crimes may obtain counseling and support through DRI’s Employee Assistance Program (EAP), the Human Resources Office, the Diversity Officer, and referral to the appropriate legal or service agency. Depending on the seriousness of the situation, DRI may request mediation and reconciliation services through the Community Relations Service of the U.S. Department of Justice. 5. Prevention: DRI offers training and information on non-discrimination, sexual harassment, conflict resolution, and general crime prevention through various means including orientations and policies and procedures outlined in the Administrative Manual. Hate crimes inflict incalculable physical and emotional damage on its victims. Crimes motivated by hatred toward particular groups not only harm individual victims, but also send a powerful message of intolerance and discrimination to all members of the group to which the victim(s) belongs. DRI has a zero tolerance policy regarding crimes against members of its community. In accordance with NSHE CODE Title 2, Chapter 8, Section 8.3.2 (b) {link} and the Technologist Manual, {link) any DRI employee convicted of a hate crime will be subject to disciplinary action, up to and including termination for”the use of, or threat to use, force or violence against any member or guest of the System community.” The State of Nevada has extensive provisions in its penal code for serious criminal penalties resulting from conviction of a hate- related crime, including incarceration depending on the nature and severity of the crime (NRS 193.1675).

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