Bias Crimes Information and Protocol

Bias or hate crimes have been a serious problem in our country for numerous years. In response to this problem, organized hate group characteristics have been studied and outlined to help local, state and federal organizations deal with the civil and criminal injustices that they perpetrate. Also, legislation has been enacted to help bias crime victims seek retribution against their attackers. UVM has a bias crime policy and protocol that serves the UVM community by offering a system of redress against bias crimes. Below is information on bias crimes collected from the National Center for hate Crime Prevention, as well as the UVM bias crime protocol.

Organized Hate Groups

Group Characteristics
• Range from loosely structured local groups to highly structured international groups
• Leaders tend to project a mainstream image
• Technologically sophisticated
• Skinheads loosely affiliated with these groups, although usually are not official members
• Focus on issues on concern to middle America as a cover for their aims
• Believe in the inevitability of a global war between the races
• Examples include White Aryan Resistance, the Ku Klux Klan, and neo-Nazis

Hate Group Ideology
• Explicitly racist, considering people of color to be subhuman; homophobia recently added to their agenda
• Often blame the government, communism, and/or ethnic and racial "conspiracies" for most of this country’s problems
• Some include apocalyptic Christianity in their ideology

Strategy
• Often use technological venues, such as cable TV, the World Wide Web, and computer bulletin boards
• Some attempt to display a more mainstream political image and might run for office, but the potential for violence is always present
• Congregate in large numbers in certain geographical areas (e.g., Pacific Northwest)

History of Organized Hate Groups
• Not a new phenomenon; hate groups grow in response to:

—periods of increased immigration
—attempts by disenfranchised groups to increase political and economic power
—periods of economic instability

• Powerful forces in American political life
• Tend to break up because of internal dissension; groups often take names similar to other hate groups

Structure of Contemporary Hate Groups
• Estimated at no fewer than 20,000 and possibly no more than 50,000 members of white supremacist groups in the United States

Categories of State Bias Crime Laws
The majority of states have laws under one or more of the following categories:

Criminal Penalty Laws
• Criminalize certain acts committed due to prejudice
• Provide enhanced penalties
• Include several types of criminal statutes:

1. Intuitional vandalism: Prohibit vandalism and defacement of a variety of locations and instructions, including houses or worship, cemeteries, schools, public monuments, and community center.
2. Bias-motivated violence and intimidation: Make it illegal to intimidate, harass, assault, or trespass on the property of an individual because of the person’s race, religion, national origin, and in some states, gender, sexual orientation, etc.
3. Interference with religious worship: Prohibit acts that disrupt an ongoing religious service; they also prohibit stealing a scroll, religious vestment, or other object normally used in a religious service.

Cross-Burning Laws
• Prohibit cross burning or the burning of other symbols

Mask-Wearing Laws
• Ban the wearing of hoods, robes, masks, or other disguises in public, except during holidays and parades

Paramilitary Training Laws
• Prohibit military-style training camps, such as those sometimes run by racist organizations

Civil Cause of Action Laws
• Civil remedies may include injunctive relief, compensatory and punitive damages, and attorney’s fees (these forms of relief may have a significant deterrent effect and should encourage victims to bring civil lawsuits)

Parental Liability Laws
• Make parents financially liable for their children’s crimes

Data Collection Laws
• Require state and/or local police agencies to gather and sometimes disseminate statistics on the incidence of bias crime

Police Training Laws
• Require law enforcement personnel to receive training in identifying, reporting, and investigating bias-motivated crimes

Federal Hate Crime Statistics Act 28 USC Section 534
• Signed into law in April 1990; amended in 1994 and 1996
• Requires the U.S. Attorney Genera; to collect data and publish an annual summary on crimes that manifest prejudice based on race, religion, sexual orientation, ethnicity, or disability.
• Data Collection responsibilities were delegated to the FBI’s uniform Crime Reports Section.
• Helps identify the geographical location and the nature of bias crimes occurring the in the U.S.
• Effectiveness of the law depends upon its implementation by and support from state and local law enforcement officials.

Federal Civil Statutes
• 42 USC Sections 1981 and 1982: Civil Actions Under the Civil Rights Act of 1866
Both sections of this statute originated in Section 1 of the Civil Rights Act of 1866 enacted by Congress shortly after ratification of the 13th Amendment which prohibited slavery.

Section 1981 states that “all persons within the jurisdiction of the United States shall have the same right in every State and territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.” Injunctive relief is also available.

Section 1982 ensures equal rights for citizens in terms of personal property. Damage awards under both sections often include compensatory damages for emotional distress or humiliation.

• 42 USC Section 1985 (3): Conspiracy to Deprive and person or Class of Persons of Equal Protection of the Laws was enacted by Congress as part of the Ku Klux Klan Act to provide redress for victims of Klan offenses during Reconstruction. This law imposes civil liability on anyone who conspires to deprive another individual or class of people of “the equal protection of the laws or of equal privileges and immunities under the laws.” Compensatory and punitive damages can be awarded under this section.

• 42 USC Section 3617: Interference, Coercion, or Intimidation in Violation of the Fair Housing Act created a statutory civil cause of action for anyone coerced, threatened, intimidated, or interfered with for exercising rights granted under Sections 3603, 3605, or 3606 of the Fair Housing Act, This statute restricts punitive damages to $1,000.

• 42 USC Section 13981: Violence Against Women Act of 1994 established a federal civil rights cause of action for victims of crimes of violence motivated by gender. The statute makes the offender liable for compensatory damages to the victim and authorizes injunctive and declaratory relief to protect the victim.

Federal Criminal Statutes
• 18 USC Section 241: Conspiracy Against Rights broadly prohibits conspiracies to injure any person who is exercising rights or privileges protected by the Constitution or laws of the United Sates. The statute has been applied to a variety of federal rights, including the right not to be deprived of life without due process of the law, the right to vote in a federal election, and the right to occupy a housing free of racially motivated violence.

• 18 USC Section 245: Forcible Interference with Civil Rights/Federally Protected Activities was enacted in 1968 in response to violent attacks on civil rights workers in the South. It prohibits international interference, by force or threat of force, with certain specified constitutional rights where interference is motivated by discrimination on the basis of race, color, religion, or national origin. Activities protected under this law include:

—enrollment in a public school or college
—participation in programs administered or financed by the United States or by a state
—federal and state employment and jury service
—interstate travel by common carrier
—use of restaurants, lodging, gas stations, public entertainment facilities, and other establishments serving the public

• 18 USC Sections 247 and 248: Damage to Religious Property/Obstruction of Religious Activity prohibits damaging or destroying religious property because of the religious nature of the property, or attempting to do so. Also prohibits intentionally defacing, damaging, or destroying religious property because of the race, color, or ethnic characteristics of any individual associated with that property.

• 42 USC Section 3631: Willful Interference with Civil Rights Under the Fair Housing Act prohibits forcible interference with any person in selling, purchasing, renting, financing, occupying, or contracting for any dwelling due to that person’s race, color, religion, sex, or national origin.

• 18 USC Section 242: Deprivation of Rights Under Color of Law prohibits willful deprivation of constitutional and federal statutory rights, but only those deprived by reason of race, color, or ethnicity. It is most frequently used to prosecute violent misconduct by law enforcement officials, but it can be employed against other officials.

• Section 280003 of Public Law 103-22: Hate Crimes Sentencing Enhancement Act allows for the imposition of enhanced penalties if a perpetrator commits any Federal crime and chooses the victim on the basis of race, religion, national origin, ethnicity, gender, disability, or sexual orientation.

University of Vermont Anonymous Bias-related Incident Response Protocol for Occurrences on UVM Grounds or Public Buildings

What should be reported?
A reportable incident is one involving harm or damage to person or property, and motivated adversely on account of race, color, religion, ethnicity, gender, sexual orientation, national origin, age, disability, or other status protected against discrimination under the law that occurs on University grounds and facilities.

Who should report bias-related incidents or crimes?
A victim or observer of an incident they suspect is bias-related should immediately report it. A University official(s) who learns of an alleged bias-related incident or crime must immediately report it. Police Services makes the determination of what is a bias-related incident or crime.

Where should the bias-related incident or crime be reported?
The University community should notify one of the University's notification points which are Police Services (656-3473), Affirmative Action and Equal Opportunity (AA/EO) (656-3368), Residential Life (656-3434) or Center for Cultural Pluralism (656-8833). All employees in these notification points who staff phones are trained to intake complaints.

What are University notification points?
The notification points are designated offices trained to receive complaints of bias-related incidents, and whose university function is directly related to addressing hate problems in both the working and living areas on campus.

Why not other offices or units?
Anyone or any office in the University community could receive a complaint of a bias-related incident. For example, units such as the ALANA Student Center, Women Center, and International Educational Services might naturally receive information about a bias-related incident or crime. However, any office or person notified of a bias-related incident should then report it to one of the University's four notification points. The purpose of the four notification points is to make every attempt to respond efficiently, as well as have a streamlined and effective process.

What happens when one of the University notification points is contacted?
The notification point contacts Police Services. Again, Police Services makes the determination of what is a bias-related incident or crime.

Why Police Services?
Police Services will serve as the University's central clearinghouse for the collection and distribution of bias-related incident information due to their expertise and requirement to investigate and collect such information.

Where would Police Services distribute the information?
Police Services contacts AA/EO within 24 hours. AA/EO then contacts all appropriate officials and groups listed in the Communication Hub via e-mail within 48 hours. Police Services contacts Physical Plant within 24 hours to manage repairs, if needed. Police Services will distribute a monthly report of bias-related incidents to Affirmative Action and Equal Opportunity, which will maintain records for federal and state reporting when needed, as well as oversee the University-wide effort to educate and train the campus about bias-related incidents and crimes. In cases where an incident occurs on a weekend or holiday, the appropriate office contacts or responds as the protocol dictates on the next official business day.

What is the Communication Hub?
A set of University officials, offices and groups who will be contacted via e-mail.

What would be communicated?
In an effort not to re-offend, the campus community will receive a generic description via e-mail, but will have the option of linking to a website that describes the exact incident.

Where can confidential support be obtained?
Employee Assistance Program (656-2100), Student Health Center (656-3350) and Counseling Center (656-3340). Such support services are provided confidentially to the extent permitted or required by law and each unit's respective confidentiality policy.

Note: When evidence permits and information is available, the bias incident will be investigated pursuant to the University's non-discrimination policy irrespective of criminal action being taken.
(taken from the Office of Affirmative Action and Equal Opportunity Homepage)

Resources for Victims of Anonymous Bias Incidents

Employee Assistance Program
466 South Prospect Street
656-2100

Student Health Center
Center for Health and Wellbeing
425 Pearl Street
656-3350

Counseling Center
146 South Williams Street
656-3340

The Women’s Center
34 South Williams Street
656-7892

The ALANA Student Center
Blundell House
Redstone Campus
656-3819

The Center for Cultural Pluralism
Allen House
656-8833

The LGBTQA Coalition
Allen House
656-8637

Office of International Educational Services
Living Learning B-161
656-4296

Police Services offers an anonymous e-mail bias crime reporting system, called Silent Witness.