Hate Crimes on Campus: the Problem and Efforts to Confront It

U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance

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Monograph

H ATE C RIMES S ERIES #3 U.S. Department of Justice Office of Justice Programs 810 Seventh Street NW. Washington, DC 20531

John Ashcroft Attorney General

Deborah J. Daniels Assistant Attorney General

Richard R. Nedelkoff Director, Bureau of Justice Assistance

Office of Justice Programs World Wide Web Home Page www.ojp.usdoj.gov

Bureau of Justice Assistance World Wide Web Home Page www.ojp.usdoj.gov/BJA

For grant and funding information contact U.S. Department of Justice Response Center 1–800–421–6770

This project was supported by Cooperative Agreement No. 95–DD–BX–K001, awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice, to Community Research Associates, Inc. This document was prepared by the Center for the Prevention of Hate Violence, University of Southern Maine, under con- tract with Community Research Associates, Inc. The opinions, findings, and conclusions or recommendations expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. HATE CRIMES ON CAMPUS THE PROBLEM AND EFFORTS TO CONFRONT IT

October 2001

NCJ 187249

Prepared by Stephen Wessler, Director and Margaret Moss, Assistant Director Center for the Prevention of Hate Violence University of Southern Maine Contents

I. Introduction...... 1

II. Hate Crimes and Bias Incidents on Campus...... 3 Hate Crimes on Campus...... 3 Bias Incidents on Campus: The Prevalence and Impact of Prejudice and Harassment ...... 5

III. Response to Campus Hate Crimes and Bias Incidents...... 7 Problem 1: Campus Police Officers Need Adequate Training . . . . 7 Problem 2: Hate Crimes and Serious Bias Incidents Are Not Reported...... 8 Problem 3: Police Do Not Report Hate Crimes to Campus Administrators...... 9 Problem 4: Students, Staff, and Faculty Do Not Report Incidents Up the Administrative Ladder...... 9 Problem 5: Administrators Do Not Disseminate Information to the Campus Community...... 10

IV. Promising Efforts: Responding to and Preventing Hate Crimes. . . . . 11 Campuswide Response to Hate Crimes...... 11 Hate Crimes Awareness and Prevention Project ...... 11 Combating Prejudice and Hate on Campus: A National Student Colloquium ...... 12 Anti-Defamation League ...... 12 Peer Diversity Education ...... 12 Campus Civility Project ...... 13

V. Conclusion ...... 15

BUREAU OF JUSTICE ASSISTANCE iii HATE CRIMES ON CAMPUS

VI. Appendix: Commonly Asked Questions About Hate Crimes and Bias Incidents...... 17

VII. For More Information...... 21

iv I. Introduction

When a hate crime occurs on a college and university campuses. college campus, the ideal of a uni- First, the monograph examines the versity as a place for learning and prevalence of hate crimes on cam- growth is ruptured. Bias-motivated puses, who is targeted, what kinds violence or threats targeting stu- of crime are committed, and the fre- dents, staff, or faculty not only quency and impact of bias incidents. impair the educational mission of Second, the monograph identifies an institution of higher learning common problems college commu- but also deprive young men and nities have experienced in respond- women of the chance to live and ing to hate crimes and provides learn in an atmosphere free of fear recommendations for prompt, effec- and intimidation. No college cam- tive, and appropriate responses. pus is immune to the risk of hate Third, the monograph describes sev- violence. In the past 5 years alone, eral promising efforts to respond to the U.S. Department of Justice has campus hate crimes and implement brought criminal civil rights actions prevention programs. Finally, the against students attending institu- monograph explains the difference tions ranging from small liberal arts between hate crimes and bias inci- colleges in Massachusetts and dents and discusses the factors Georgia to large state universities police consider to determine in Florida and California. whether a hate crime has been committed. This monograph examines four aspects of the problem of bias, prejudice, and hate crimes on our

BUREAU OF JUSTICE ASSISTANCE 1 II. Hate Crimes and Bias Incidents on Campus

Hate Crimes on Campus United States v. Machado. A former student was convicted of dis- Federal and State Enforcement seminating an e-mail containing Activity racially derogatory comments and Hate crimes on campuses involve threats to 59 college students, a range of criminal conduct from nearly all of whom were of Asian threats to bombings to violent phys- descent. ical assaults. They occur at virtually every type of college and university State v. Tozier. A student at a and in every part of the nation. Per- small college in Maine yelled anti- petrators of these incidents include gay slurs and threats at a fellow current and former students and student who was working in a stu- nonstudents. Listed below is a sam- dent lounge and, in three consecu- pling of recent federal and state tive attacks, violently choked the enforcement actions involving bias- student. The defendant signed a motivated violence and threats on consent decree in a civil rights case campuses. brought by Maine’s attorney general.

United States v. Samar. James United States v. Lombardi. A Samar, a college student, was in- nonstudent was charged with deto- dicted on three counts of using nating two pipe bombs on the cam- threats of force to interfere with the pus of a primarily African-American federally protected rights of three public university in Florida. After students attending a small Massa- each of the bombings, violent racist chusetts college. Samar used anti- telephone calls were made to the Semitic slurs, threatened two fellow local television station. students, and threatened to kill one State v. Masotta. Three white stu- fellow student. In addition, he deliv- dents at a university in Maine left an ered photographs of holocaust vic- anonymous racist and threatening tims to one student and stated, message on an African-American among other things, that the pho- student’s answering machine. The tographs were “a reminder of what message ended with the following: happened to your relatives because they too made a mockery of Chris- I wonder what you’re gonna look tianity.” Samar entered a plea like dead? Dead. I wonder if agreement. when you die you’ll lose your color. Like the blood starts to

BUREAU OF JUSTICE ASSISTANCE 3 HATE CRIMES ON CAMPUS

leave your body and you’re Enforcement Administrators (IACLEA) gonna . . . start deteriorating annual survey on campus crime and blood starts to leave your statistics. skin. . . . You get the picture? You’re *** dead. U.S. Department of Education data are collected pursuant to the The defendants signed consent Clery Act (20 U.S.C. § 1092(f)), orders in a civil rights case brought which was enacted in 1992. This act by Maine’s attorney general. requires colleges and universities across the nation to report campus United States v. Little. The defen- crimes and security policies to both dant, Robert Allen Little, was charged the campus community and the U.S. with igniting a homemade pipe bomb Department of Education. In addi- in the dorm room of two African- tion to policy and reporting require- American students on a small cam- ments, it specifies that schools must pus in Utah. The letters “KKK” were report separately those crimes that painted in red fingernail polish on appear to have been motivated by the bomb’s firing device. The bomb prejudice. The U.S. Department of caused extensive damage to the Education is currently working with building and destroyed the belong- colleges and universities to ensure ings of both students. After the that Clery Act data are complete bombing, Little returned to the and current. dorm and left a threatening and racist note on the door of another Even statistics based on a rela- African-American student. Little tively small number of reporting was sentenced to 12 years in prison, schools indicate that hate crimes fined $12,000, and ordered to pay on campus are a significant prob- restitution. lem. Moreover, there are strong reasons to believe that the problem of Campus Hate Crime Statistics hate crimes is more widespread The available data on the preva- than any statistics are likely to lence of hate crimes and bias inci- reveal. First, many students, faculty, dents on college campuses are not and staff members are unsure of comprehensive, because they are what to report, when to report an based on information from relatively incident, and to whom they should few reporting campuses. Three pri- report an incident. Second, and per- mary sources of data are the Fed- haps most important, victims of eral Bureau of Investigation (FBI) hate crimes often are reluctant to Uniform Crime Reports on hate come forward because they feel iso- crime statistics, the U.S. Depart- lated and fear the potential reper- ment of Education Campus Security cussions of a perpetrator. Gay and Statistics, and the International lesbian victims who attend schools Association of College Law in states that do not have laws pro- tecting individuals from job or

4 Hate Crimes and Bias Incidents on Campus

employment discrimination based in 1998, for a total of 334 incidents. on sexual orientation may fear that The reporting institutions designated reporting a hate crime will place the motivation for the alleged hate them at risk of further discrimina- crimes under five categories: race, tion. For these and other reasons, religion, disability, sexual orienta- reliable statistics regarding on-campus tion, and ethnicity/national origin. hate crimes are elusive. The IACLEA report did not include a separate category for hate crimes As noted above, the FBI annual motivated by bias based on gender. compilation of hate crime statistics IACLEA statistics indicate that more and IACLEA annual survey of than 80 percent of reported hate crimes on campuses are based on crimes were motivated by bias data from a relatively small number based on either race or sexual of reporting institutions. The limited orientation. number of reporting institutions and the varied survey instruments also Bias Incidents on Campus: account for a disparity in the results of the two surveys. Both reports The Prevalence and Impact indicate, however, that many of Prejudice and Harassment schools experience hate violence. Fortunately, hate crimes occur with relative infrequency on most The Federal Bureau of Investiga- campuses. Bias incidents (acts of tion Uniform Crime Report on hate prejudice that are not accompanied crime statistics. The FBI report on by violence, the threat of violence, 1998 hate crime statistics is based property damage, or other illegal on reports from 450 colleges and conduct) are far more common. universities from 40 states. Of these Bias incidents may violate some universities, 222 reported 241 inci- campus disciplinary or harassment dents of hate crime during the year. policies (making them reportable The FBI data indicate that 57 per- under the Clery Act), but they do cent of hate crimes were motivated not violate civil or criminal hate by race, 18 percent were motivated crime statutes. by anti-Semitism, and 16 percent were motivated by bias based on Based on discussions, workshops, sexual orientation. and informal surveys with hundreds of students from institutions ranging The International Association of from large state universities to small College Law Enforcement Adminis- liberal arts colleges, students con- trators survey. The IACLEA report sistently report the widespread use for 1998 surveyed 411 campuses. of degrading language and slurs by Of these campuses, 88 reported other students directed toward peo- experiencing at least one hate crime; ple of color, women, homosexuals, in fact, these colleges experienced Jews, and others who belong to an average of 3.8 hate crimes each groups that have traditionally been

BUREAU OF JUSTICE ASSISTANCE 5 HATE CRIMES ON CAMPUS

the target of bias, prejudice, and within a campus community. Some violence. Students report hearing students interpret this message to degrading language about women, mean that more aggressive conduct gays, and lesbians on a daily basis may also be acceptable. and racist, anti-Semitic, and other slurs on a regular but less frequent Second, even in the absence of basis. escalation, bias incidents can have a traumatic impact on students, The widespread use of degrading staff, and faculty. Members of a language and slurs directed at tradi- campus community often experi- tionally targeted groups has two ence fear when they are on the serious consequences. First, the use receiving end of degrading language of such language creates an atmos- or slurs or see graffiti that targets phere that permits conduct to esca- groups in which they are members. late from mere words to stronger This fear can interfere with the abili- words to threats and, ultimately, to ty of students to fully focus on their violence. In a significant portion of academic work. Some students who campus hate crime cases, the illegal are the target of bias-motivated conduct appears to have escalated harassment do not react with fear from lower levels of harassment, but with anger. Campus or munici- beginning with degrading language. pal police may be called to address If not challenged or interrupted, the physical confrontations between widespread use of this language sends students who are experiencing bias- the message—often unintended— motivated harassment and their that bias and prejudice are accepted harassers.

6 III. Response to Campus Hate Crimes and Bias Incidents

The responses of campus admin- incidents and recognize potential istrators and campus and municipal ramifications for the safety of stu- police departments to hate crimes dents on campus. In addition, if and bias incidents that occur on col- police officers do not identify an act lege campuses have varied greatly. of campus violence as a possible Although there is no one correct hate crime and do not report it to the way to handle every hate crime, the administration, the college or univer- direct experiences of police officers sity may be hampered in its efforts and administrators make it possible to identify trends and begin appropri- to identify common problems they ate prevention and intervention work. encounter in responding to campus hate crimes and those responses Recommendations that permit effective investigation Implement a training program for and appropriate community campus police. It is essential that response. all members of campus police departments (and municipal police Some of the most common prob- departments that have colleges or lems in responding to hate crimes universities within their jurisdictions) are that police are inadequately receive training in responding to trained; students, staff, faculty, and and investigating hate crimes. All administrators do not report the officers within a department, includ- crimes; and administrators do not ing command officers, patrol offi- adequately disseminate information cers, and detectives, should attend to the campus community. Listed training sessions. Police depart- below are descriptions of common ments have an array of training pro- problems, followed by recommend- grams available to them. In 1998, ed steps for effectively dealing the U.S. Department of Justice with these frequently encountered launched its National Hate Crime challenges. Training Initiative. This initiative developed curricula for training Problem 1: Campus Police police officers in how to respond Officers Need Adequate to and investigate hate crimes and Training convened national train-the-trainer Campus police officers who have conferences around the nation. The not been trained to identify and re- initiative has taught trainers in every spond to hate crimes may not be state to conduct half- or full-day prepared to properly investigate courses. Additionally, the Bureau of

BUREAU OF JUSTICE ASSISTANCE 7 HATE CRIMES ON CAMPUS

Justice Assistance has developed a If police are not informed promptly 20-minute training film for officers, of a possible hate crime, they can- titled Responding to Hate Crimes, not conduct an immediate investiga- and the International Association of tion. As a result, physical evidence Chiefs of Police has developed a 12- (such as graffiti or recorded tele- page guide for officers that covers phone messages) may be lost, and the major components of investigat- witnesses may not be identified and ing and responding to hate crimes. interviewed. The nonreporting of such incidents is particularly serious Designate a civil rights officer for because many perpetrators of hate each department. Every campus crimes repeat and escalate their and municipal police department behavior until they are confronted by with colleges located within its authorities. Consequently, police are jurisdiction should consider appoint- deprived of information that may ing at least one officer (preferably enable them to halt this pattern of two) to serve as the designated civil escalation before a more serious rights officer. A designated civil crime is committed. rights officer is the primary liaison between campus administration, Recommendation advocacy groups, and other law Campus officials should develop enforcement agencies (including a brochure that defines what should prosecutorial offices). Appointing be reported, to whom an incident a designated civil rights officer lets should be reported, and when an the entire campus community know incident should be reported. The that responding to and investigating brochure should provide clear direc- hate crimes is a priority, and hate tives and be distributed broadly crimes will be handled in a coordi- to faculty, staff, and students. It is nated and consistent way. For more particularly important that these information about designating a civil brochures be distributed to those rights officer, see Addressing Hate persons on campus who are most Crimes: Six Initiatives That Are likely to learn about possible hate Enhancing the Efforts of Criminal crimes. For example, individuals Justice Practitioners (February working for the campus housing 2000, Bureau of Justice Assistance and athletics departments, including Hate Crimes Series). student life staff, resident advisors, coaches, and team captains, should Problem 2: Hate Crimes all receive and review the reporting and Serious Bias Incidents guidelines. Student leaders through- Are Not Reported out the university community, Police believe that students, staff, whether or not they are directly in- faculty, and administrators often do volved with the housing or athletics not report possible hate crimes and departments, should also receive serious bias incidents to the police. and review reporting guidelines.

8 Response to Campus Hate Crimes and Bias Incidents

The Recommendation section under Problem 4: Students, Problem 4 sets forth guidelines. Staff, and Faculty Do Not Problem 3: Police Do Not Report Incidents Up the Report Hate Crimes to Administrative Ladder Campus Administrators When students, staff, and faculty do not report (or do not report in a Some law enforcement agencies timely manner) possible hate crimes may not have a procedure for regu- or serious bias incidents up the larly informing college administra- administrative ladder, senior college tors of hate crimes or serious bias officials are denied critical informa- incidents that occur in or around a tion. If senior administrators are college campus, particularly when unaware of possible hate crimes, incidents occur on campus but not they will not be prepared to take in campus housing. Inadequate action against perpetrators, initiate reporting of such incidents by police preventive measures, or respond deprives administrators of the knowledgeably to community and opportunity to support students press inquiries. from the affected or targeted groups, provide reasonable warnings to Recommendation members of the campus community, Campus administrators should and put prevention efforts in place. work with campus and municipal Recommendation police to develop and disseminate clear guidelines for reporting hate Campuses should provide both crimes. The guidelines should campus and municipal police depart- address the following: ments with clear and specific guidelines denoting who at the university • When and under what circum- or college should be contacted and stances students, staff, and facul- under what circumstances. The ty should report hate crimes and reporting guidelines must be con- bias incidents to campus or cise, identifying who should receive municipal police. an initial report and who should receive followup information. The • When and under what circum- guidelines should include information stances students, staff, and facul- on how to contact these individuals ty should report hate crimes in the evening and on weekends, and bias incidents to college during campus holidays, and during administrators. vacations to avoid lapses in reporting. • When campus and municipal police should report hate crimes and bias incidents to college administrators.

BUREAU OF JUSTICE ASSISTANCE 9 HATE CRIMES ON CAMPUS

The guidelines should include the Recommendations names of individuals to contact dur- Disseminate information about ing the week, as well as in the eve- hate crimes. Senior college and nings, on weekends, and during university administrators should campus holidays and vacations. consider promptly disseminating information through a campuswide Problem 5: Administrators letter or e-mail to provide details on Do Not Disseminate alleged hate crimes and to strongly Information to the Campus condemn bias-motivated violence, Community threats, and property damage. Often, it will be appropriate to follow this When a hate crime occurs on communication with an open cam- campus, information about the inci- pus meeting at which members of dent spreads quickly throughout the the campus community can ask campus community via informal questions and express their views. avenues of communication. If col- Campus disciplinary proceedings lege or university administrators do generally are confidential; therefore, not inform the campus about the any dissemination of information incident, several adverse conse- should take confidentiality restric- quences can occur. First, students, tions into account. staff, and faculty may receive inac- curate information about what Establish a hate crime response occurred. Second, the institution team. Administrators may want to will lose the opportunity to send a establish a hate crime response strong message that bias and hate team that recommends when and will not be tolerated on campus. how the college or university should Finally, and often most destructive, respond to an alleged hate crime. when college administrators do not Hate crime response teams should publicly comment on hate crimes, include representatives from the they may inadvertently create the president’s office, the dean of stu- impression that the institution is dents office, the multicultural office, insensitive to the problem of hate the equal opportunity employer crimes. office, and campus and municipal police departments.

10 IV. Promising Efforts: Responding to and Preventing Hate Crimes

Colleges, universities, and non- administrators explain what profit organizations are developing has occurred and restate the innovative ways to respond to and university’s position against prevent hate crimes. The efforts hate crimes. Students, staff, described below are only a few and faculty often are invited to examples of the creative programs ask questions and voice their being implemented around the opinions. nation to make our institutions of higher learning safe for all students. As a result of these and other These programs are replicable and actions, college administrators have generally can be implemented with- calmed tensions and fears; addressed out significant expense. the need of students, staff, and faculty to receive reliable information; Campuswide Response to and gained the trust and confidence Hate Crimes of the campus community. Many colleges and universities Hate Crimes Awareness have responded to hate crimes on their campuses with a broad-based and Prevention Project public condemnation of bias, preju- Students at the University of dice, and violence. These responses California at Berkeley have devel- have included the following: oped a project to examine hate crimes and the underlying issues • An open letter from the college of bias and prejudice. Through edu- or university president or dean cation and training the project has to the campus community that increased awareness of the threat explains the hate crime or bias of hate crimes and fostered a cam- incident that occurred on campus climate that discourages hate pus, the status of the police crimes. The project includes a Web investigation of the alleged hate site that provides options for report- crime, and a strong condemna- ing hate crimes and lists additional tion of bias and violence. campus and community resources. The project sponsored a Hate • Meetings open to the entire Crimes Awareness Week in spring campus community in which 2000. the president and other senior

BUREAU OF JUSTICE ASSISTANCE 11 HATE CRIMES ON CAMPUS

Combating Prejudice changes on campus. The Campus and Hate on Campus: A of Difference Program also offers train-the-trainer sessions of varying National Student duration that enable a campus to Colloquium develop 16–20 diversity trainers. In March 2000, the Brudnick Center on Violence and Conflict at Peer Diversity Education Northeastern University and the Several schools have implement- Center for the Prevention of Hate ed peer diversity education groups Violence at the University of South- that promote understanding of ern Maine cosponsored a national diversity on campus. At Texas A&M student colloquium to recognize University, University Awareness for those students, and their respective Cultural Togetherness (U–ACT) is a campus organizations, who are peer diversity education group that working to confront bias, hate, and requires participating students to violence. The event provided the take a semester-long course in students with the opportunity to social justice issues in higher edu- build skills and learn from each cation. Members of the group then other. More than 300 students and conduct workshops and hold staff from more than 70 campuses overnight retreats in an effort to throughout the country attended bring students together and create the colloquium. The colloquium was an environment that is “safe, sup- funded and supported by the U.S. portive, and educational.” Department of Education’s Safe and Drug-Free Schools Program and the New Jersey City University’s Bureau of Justice Assistance, U.S. Peers Educating Peers, or “PEP,” Department of Justice. program is based in the school’s psychology department. About 25 Anti-Defamation League students actively participate in PEP; The Anti-Defamation League they provide outreach on campus (ADL) formed its World of Differ- and to the community on a variety ence Institute in 1992 to “define of issues. Other schools, including and advance a discipline of diversity Bowdoin College in Maine and the education.” The institute’s Campus University of Denver in Colorado, of Difference Program provides have successfully integrated peer training for students in groups of diversity efforts into freshman orien- 25–40. Facilitated by two ADL staff tation, using films, small group dis- members, the program’s goal is to cussions, and campus speakers to increase awareness of bias incidents increase awareness and promote and hate crimes and encourage uni- safety. versity students to make proactive

12 Promising Efforts: Responding to and Preventing Hate Crimes

Campus Civility Project language and slurs. Most important, the workshops also provide partici- The Center for the Prevention of pants with practical skills for inter- Hate Violence at the University of vening in low-key ways when Southern Maine has initiated the students engage in conduct that Campus Civility Project to address demeans, degrades, or frightens the climate of bias, prejudice, and others. The center conducts a 3-day harassment that exists on our training-of-trainers conference for nation’s campuses. Administrators, representatives from each partici- faculty, staff, and student leaders pating campus that will enable the (such as resident advisors and campuses to conduct their own captains of sports teams) partici- workshops for student leaders, staff, pate in 3-hour workshops that help and faculty year after year. them develop a fuller understanding of the harmful effects of degrading

BUREAU OF JUSTICE ASSISTANCE 13 V. Conclusion

The hate crimes and bias incidents to and preventing bias, prejudice, that occur on this nation’s college and hate violence. The cumulative and university campuses not only impact of this work on campus will leave scars on the targeted individu- help ensure that all students— als but also on entire campuses. regardless of gender, race/ethnicity, College administrators, police offi- sexual orientation, disability, reli- cers, students, and faculty members gion, or age—are physically and around the nation are devoting emotionally safe. energy and creativity to responding

BUREAU OF JUSTICE ASSISTANCE 15 VI. Appendix: Commonly Asked Questions About Hate Crimes and Bias Incidents

What Is a Hate Crime? What Are Hate or Bias The Federal Government, more Incidents? than 40 states, and the District of Hate or bias incidents involve Columbia have hate crime statutes. behavior that is motivated by bias These statutes vary in a number of based on race, religion, ethnicity, ways. Generally, a hate crime is a national origin, gender, disability, or crime of violence, property damage, sexual orientation. These incidents or threat that is motivated in whole do not involve criminal conduct or in part by an offender’s bias such as assault, threats, or property based on race, religion, ethnicity, damage. Bias-motivated degrading national origin, gender, physical or comments often are considered to mental disability, or sexual orienta- be bias incidents. They are not con- tion. Most jurisdictions that have sidered to be hate crimes, however, hate crime laws cover bias based on because the speaker of those com- race, religion, ethnicity, and national ments has not engaged in criminal origin, and a smaller number of activity. states cover bias based on gender, disability, and sexual orientation. Why Do We Need To Focus In addition to criminal statutes, on This Issue? many states have civil statutes Police officers and prosecutors that authorize the state attorney have learned that hate crimes can general to seek restraining orders occur on any campus—urban or against persons who engage in rural, large or small, public or pri- bias-motivated violence, threats, or vate. Police and prosecutors have property damage. It is important to found that the lack of reported hate check the exact wording of the hate crimes only indicates that students, crime statutes applicable in your staff, or faculty are not reporting state. incidents, not that hate crimes are absent. Moreover, even if a campus has not experienced a reported hate

BUREAU OF JUSTICE ASSISTANCE 17 HATE CRIMES ON CAMPUS

crime, it is likely that students factor is followed by one or more and other members of the campus examples of bias indicators. community are hearing and using degrading language and slurs direct- Racial, ethnic, gender, and cultur- ed at those on campus who are of al differences exist between the a different race, religion, gender, or perpetrator and victim. sexual orientation. A campus culture • The racial identity, religion, in which the use of slurs becomes ethnic/national origin, disability, commonplace and accepted soon or sexual orientation of the vic- becomes an environment in which tim differs from that of the slurs can escalate to harassment, offender. harassment can escalate to threats, and threats can escalate to physical • The victim is a member of a violence. As noted previously in this group that is overwhelmingly monograph, an act of violence is the outnumbered by members of end result of this pattern. Even if another group in the area where violence does not occur, the degrad- the incident occurred. ing language alone has a negative impact on certain students, causing • The victim was engaged in activ- some to feel uncomfortable or unac- ities promoting his or her group. cepted and others to feel scared. • The incident coincided with a How Do Police Officers holiday or date of particular sig- Determine Whether a Hate nificance to the victim’s group. Crime Has Occurred? Comments, written statements, Police officers are trained to ex- and gestures were made. Bias- amine whether bias indicators exist. related comments, written state- A bias crime indicator is an objec- ments, or gestures were made by tive fact, circumstance, or pattern— the offender either during, before, standing alone or in conjunction or after the alleged hate crime. with other facts or circumstances— Drawings, markings, symbols, that suggests that the offender’s and graffiti were left. Bias-related actions were motivated, in whole drawings, markings, symbols, or or in part, by bias. The presence of graffiti were left at the scene of the bias indicators does not establish incident. that a hate crime has occurred. Rather, the presence of bias indica- Organized hate groups or their tors prompts police to investigate members were involved. A hate the matter further to determine its group has claimed responsibility for motivation. The following factors the crime, or symbols of organized may indicate bias motivation. Each

18 Appendix: Commonly Asked Questions About Hate Crimes and Bias Incidents

hate groups were left at the crime Does Bias Have To Be the scene. Only Motivation To Charge The victim previously had Someone With a Hate received bias-motivated harassing Crime? mail or phone calls. Several bias- In general, no, although the an- motivated incidents have occurred swer may depend on how courts in the same area. in a particular jurisdiction or state have interpreted hate crime laws. The victim’s or witness’s percep- It is not uncommon for people to tion of the incident may affect the commit crimes for more than one outcome. Victims or witnesses reason. Many hate crimes are suc- believe that the incident was moti- cessfully prosecuted even when vated by bias. motivations in addition to bias are The location of the incident indi- present. cates bias motivation. Is Domestic Violence or • The victim was in or near a place Sexual Assault Against a commonly associated with or fre- Woman Considered a quented by individuals of a particular racial identity, religion, Hate Crime? ethnic/national origin, disability, Domestic violence or sexual sexual orientation, or gender. assault can be prosecuted as a hate crime if gender is included in applic- • The incident occurred at or near able hate crime laws and if evidence a place of worship, a religious can be obtained demonstrating that cemetery, the home of a family the assault was motivated, in whole that is a minority within a partic- or in part, by bias against the victim ular neighborhood, or a gay bar. because of her gender. Can a Hate Crime Be Do Hate Crime Laws Committed With Nothing Protect White People? More Than Words? Yes. Hate crime laws are color- The use of bigoted and prejudiced blind. Racially motivated crimes tar- language does not in itself violate geting white people, although far hate crime laws. This type of behav- less common than hate crimes tar- ior is frequently classified as a bias geting people of color, occur and incident. However, hate crime laws the perpetrators are prosecuted. apply when words threaten violence. Many of the hate crimes motivated Similarly, hate crime laws apply by bias against a victim’s religion, when bias-motivated graffiti dam- nationality, gender, or sexual orien- ages or destroys property. tation are directed at white people.

BUREAU OF JUSTICE ASSISTANCE 19 HATE CRIMES ON CAMPUS

Do Victims Frequently of his or her status, whether it be Fabricate Hate Crimes? race, ethnicity, nationality, religion, gender, physical or mental disability, As with any crime, fabricated or sexual orientation. complaints about hate crimes do occur, but very rarely. In fact, police Do Hate Crime Laws have found that victims often are reluctant to report hate crimes or Confer Special Rights on even acknowledge that what appears Certain Groups? to others to be a hate crime is moti- Hate crime laws protect every vated by bias. The fear and isolation person in this country. Anyone that hate crime victims feel lead to could be a victim of a hate crime underreporting more often than because of his or her race, national- to fabrication. ity, ethnicity, physical or mental disability, sexual orientation, gender, Why Should These Laws or religion. Some people have been Protect Homosexuals? victimized by hate crimes due to a perpetrator’s mistaken belief that Hate crime laws prohibit violence, the victim is of a particular race, threats, or property damage moti- nationality, ethnicity, or sexual ori- vated by bias. Hate crime laws entation. Hate crimes do not confer have always applied to people who special rights on anyone. Rather, choose to be in a targeted group, they protect the rights of individuals such as those who choose to convert to conduct their everyday activi- to a different religion. The resolution ties—to live in their homes, do of the debate over whether gays and their jobs, receive an education— lesbians are genetically predisposed without being subjected to violence or choose their sexual orientation is because of who they are or what not relevant under the law. No per- they believe. son should be subject to violence, threats, or property damage because

20 VII. For More Information

To learn more about the pro- Anti-Defamation League grams discussed in this monograph, 823 United Nations Plaza please contact the following New York, NY 10017 organization: 212–490–2525 Web site: www.adl.org Center for the Prevention of Hate Violence Arab American Institute University of Southern Maine 1600 K Street NW., Suite 601 96 Falmouth Street Washington, DC 20006 P.O. Box 9300 202–429–9210 Portland, ME 04104 Fax: 202–429–9214 207–780–4756 Web site: www.aaiusa.org Fax: 207–780–5698 Web site: www.cphv.usm.maine.edu Bureau of Justice Assistance E-mail: [email protected] 810 Seventh Street NW. Washington, DC 20531 For additional copies of this 202–616–6500 monograph and others in BJA’s Fax: 202–305–1367 Hate Crimes Series, contact: Web site: www.ojp.usdoj.gov/bja

Bureau of Justice Assistance Bureau of Justice Statistics Clearinghouse 810 Seventh Street NW. P.O. Box 6000 Washington, DC 20531 Rockville, MD 20849–6000 202–307–0765 1–800–688–4252 Fax: 202–307–5846 Fax: 301–519–5212 Web site: www.ojp.usdoj.gov/bjs Web site: www.ncjrs.org Community Relations Service Clearinghouse staff are available U.S. Department of Justice Monday through Friday, 8:30 a.m. 600 E Street NW., Suite 6000 to 7 p.m. eastern time. Ask to be Washington, DC 20530 placed on the BJA mailing list. 202–305–2935 Fax: 202–305–3009 For information from other orga- Web site: www.usdoj.gov/crs nizations that are addressing hate crimes, please contact any of the Disability Law Center organizations listed below. 11 Beacon Street, Suite 925 Boston, MA 02108 617–723–8455 Fax: 617–723–9125 Web site: www.dlc-ma.org

BUREAU OF JUSTICE ASSISTANCE 21 HATE CRIMES ON CAMPUS

Facing History and Ourselves National Asian Pacific American National Foundation Legal Consortium 16 Hurd Road 1140 Connecticut Avenue NW., Brookline, MA 02445 Suite 1200 617–232–1595 Washington, DC 20036 Fax: 617–232–0281 202–296–2300 Web site: www.facinghistory.org Fax: 202–296–2318 Web site: www.napalc.org Federal Bureau of Investigation J. Edgar Hoover Building National Conference for 935 Pennsylvania Avenue NW. Community and Justice Washington, DC 20535 475 Park Avenue South, 19th Floor 202–324–3000 New York, NY 10016 Fax: 202–324–5310 212–545–1300 Web site: www.fbi.gov Fax: 212–545–8053 Web site: www.nccj.org Federal Bureau of Investigation Criminal Justice Information National Congress of American Services Division Indians Attn: Uniform Crime Reports 1301 Connecticut Avenue NW., 1000 Custer Hollow Road Suite 200 Clarksburg, WV 26306 Washington, DC 20036 304–625–4995 202–466–7767 Fax: 304–625–5394 Fax: 202–466–7797 Web site: www.fbi.gov/ucr/ucr.htm Web site: www.ncai.org

Human Rights Campaign National Council of La Raza 919 18th Street NW., Suite 800 1111 19th Street NW., Suite 1000 Washington, DC 20006 Washington, DC 20036 202–628–4160 202–785–1670 Fax: 202–347–5323 Fax: 202–776–1792 Web site: www.hrc.org Web site: www.nclr.org

International Association of National Criminal Justice Chiefs of Police Association 515 North Washington Street 444 North Capitol Street NW., Alexandria, VA 22314–2357 Suite 618 703–836–6767 Washington, DC 20001 Fax: 703–836–4543 202–624–1440 Web site: www.theiacp.org Fax: 202–508–3859 Web site: www.ncja.org

22 For More Information

National Gay and Lesbian Office for Victims of Crime Task Force 810 Seventh Street NW. 1700 Kalorama Road NW., Suite 101 Washington, DC 20531 Washington, DC 20009 202–307–5983 202–332–6483 Fax: 202–514–6383 Fax: 202–332–0207 Web site: www.ojp.usdoj.gov/ovc Web site: www.ngltf.org Simon Wiesenthal Center National Partnership for 1399 South Roxbury Drive Women and Families Los Angeles, CA 90035 1875 Connecticut Avenue NW., 310–553–9036 Suite 710 Fax: 310–553–8007 Washington, DC 20009 Web site: www.wiensenthal.com 202–986–2600 Fax: 202–986–2539 U.S. Commission on Civil Rights Web site: www.nationalpartnership.org 624 Ninth Street NW., Suite 700 Washington, DC 20425 National Women’s Law Center 202–337–7700 11 Dupont Circle NW., Suite 800 Fax: 202–376–7558 Washington, DC 20036 Web site: www.usccr.gov 202–588–5180 Fax: 202–588–5185 U.S. Department of Education Web site: www.nwlc.org Safe and Drug-Free Schools 400 Maryland Avenue SW. Network of Violence Washington, DC 20202 Prevention Practitioners 202–260–3954 55 Chapel Street Fax: 202–260–7767 Newton, MA 02458 Web site: www.ed.gov 617–969–7100 Fax: 617–244–3436 U.S. Department of Housing and Web site: www2.edc.org/nvpp Urban Development 451 Seventh Street SW. Office of Juvenile Justice and Washington, DC 20410 Delinquency Prevention 202–708–2111 810 Seventh Street NW. Fax: 202–619–8365 Washington, DC 20531 Web site: www.hud.gov 202–307–5911 Fax: 202–307–2093 U.S. Department of Justice Web site: www.ojjdp.ncjrs.org Civil Rights Division, Criminal Section 601 D Street NW. Washington, DC 20530 202–514–3204 Fax: 202–514–8336 Web site: www.usdoj.gov

BUREAU OF JUSTICE ASSISTANCE 23 HATE CRIMES ON CAMPUS

Violence Against Women Office Clearinghouse staff are available 810 Seventh Street NW. Monday through Friday, 8:30 a.m. Washington, DC 20531 to 7 p.m. eastern time. Ask to be 202–307–6026 placed on the BJA mailing list. Fax: 202–305–2589 Web site: www.ojp.usdoj.gov/vawo U.S. Department of Justice Response Center For additional information about 1–800–421–6770 or 202–307–1480 BJA programs, visit the BJA Web site at www.ojp.usdoj.gov/bja or Response Center staff are available contact: Monday through Friday, 9 a.m. to 5 p.m. eastern time. Bureau of Justice Assistance Clearinghouse P.O. Box 6000 Rockville, MD 20849–6000 1–800–688–4252 Web site: www.ncjrs.org

24 Bureau of Justice Assistance Information

General Information Callers may contact the U.S. Department of Justice Response Center for general information or specific needs, such as assistance in submitting grant applications and information about training. To contact the Response Center, call 1Ð800Ð421Ð6770 or write to 1100 Vermont Avenue NW., Washington, DC 20005.

Indepth Information

For more indepth information about BJA, its programs, and its funding opportunities, requesters can call the BJA Clearinghouse. The BJA Clearinghouse, a component of the National Criminal Justice Reference Service (NCJRS), shares BJA program information with state and local agencies and community groups across the country. Information spe- cialists are available to provide reference and referral services, publication distribution, participation and support for conferences, and other networking and outreach activities. The Clearinghouse can be reached by

❒ Mail ❒ BJA Home Page P.O. Box 6000 www.ojp.usdoj.gov/BJA Rockville, MD 20849Ð6000 ❒ NCJRS Home Page ❒ Visit www.ncjrs.org 2277 Research Boulevard Rockville, MD 20850 ❒ E-mail [email protected] ❒ Telephone 1Ð800Ð688Ð4252 ❒ JUSTINFO Newsletter Monday through Friday E-mail to [email protected] 8:30 a.m. to 7 p.m. Leave the subject line blank eastern time In the body of the message, type: ❒ Fax subscribe justinfo 301Ð519Ð5212 [your name]

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