Bias Incident Reporting

• Reach out to those who have been the targets of, witnesses to, or have information about bias-related incidents and crimes at Utica College or at activities or venues that are Utica College related.
• Refer those who report incidents to college offices that can effectively respond through investigation and the appropriate conduct processes, and/or to the appropriate outside law enforcement agencies.
• Based upon the needs of the individual(s) making the report, we will also provide referrals to resources who can provide educational coaching, alternative forms of resolution, or interventions depending on the nature of the incident. 
• Provide students, faculty, and staff with information about support resources
• Log all reported incidents and track for trends
• Notify campus leaders of ongoing bias incidents and trends
• Educate members of  the UC community about the work of the BRRN and consult with college groups periodically
• Inform the college community about our work through informational meetings and annual reports

• Conduct investigations 
• Take disciplinary action
• Impinge on free speech rights and academic freedom
• Provide diversity, equity, and inclusion (DEI) training. Students, faculty and staff may contact the Dean for Diversity and Inclusion for information on educational programming and training opportunities.

Utica College is committed to safeguarding the free expression rights of all community members.  However, biased and hateful expression can impact individuals and create division and fracture our college community in ways that must be addressed.  Because bias-related behaviors frequently involve speech and other forms of expression, we believe it is necessary, and possible, to distinguish such forms of expression from the open and respectful expression of ideas and opinions.

Some points to consider when differentiating bias-related behavior from protected speech and forms of expression include the following:

• Speech and other forms of expression that convey reasoned opinion, principled conviction, political satire, or speculation is not harassment, even though it may challenge people’s perspectives or comfort.
• Speech and consideration of concepts that are pertinent to a class’s subject but which some students may find offensive do not constitute bias-related behavior.
• Claiming that the speech is merely an expression of ideas or opinions is not a justification for behavior when that speech or other form of expression creates an intimidating or hostile environment that unreasonably or substantially interferes with an individual's ability to fully participate in the learning, living, and working opportunities available to all members of the Utica College community. 

In essence, bias-related behaviors fall outside the bounds of civil discourse and are not tolerated at Utica College. 

At Utica College, you're part of a community committed to the pursuit of knowledge, meaningful academic experiences, and intellectual growth. In order to serve these goals, we recognize that we have a responsibility to create an inclusive community for you, in which all of its members feel valued, as well an obligation to build a community that affirms, cherishes, and sustains freedom of expression.

STATEMENT OF PRINCIPLES REGARDING EXPRESSION ON CAMPUS

What is a bias-related incident or bias-related behavior?

Bias often stems from fear, misunderstanding, hatred, or stereotypes, may be deliberately or unintentionally hurtful and can occur in a variety of forms.  A bias-related incident or bias-related conduct:

• Involves conduct that adversely and unfairly targets an individual or group based on social identity categories.
• Those social identity categories include national origin, ethnicity, race, age, religion, gender, gender identity & expression, sexual orientation, disability, veteran status, color, creed, marital status or any combination of these characteristics.
• Includes speech or other forms of expression intended to harass, threaten, cause fear of physical injury, or otherwise incite violence or other criminal action against an individual or group.
• Includes acts that may be verbal, written or physical and occur on campus or within an area that affects the college community. 

For information about how bias-related incidents are defined in our Code of Student Conduct.

UTICA COLLEGE CODE OF STUDENT CONDUCT

What is a hate crime?

A person commits a hate crime when he or she:

• commits a specified criminal offense, and
• either intentionally commits the act or intentionally selects the person against whom the offense is committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of a person, regardless of whether the belief or perception is correct.

For further information about how hate crimes are defined by the Code of Student Conduct.

UTICA COLLEGE CODE OF STUDENT CONDUCT

For further information about how hate crimes are defined by New York State law and the federal Clery Act, please see:

NEW YORK STATE ANTI-HATE CRIME RESOURCE GUIDE

NEW YORK STATE PENAL LAW - HATE CRIMES

CLERY CENTER - EXPLAINING HATE CRIMES

What is the difference between a bias-related incident and a hate crime?

Both bias-related incidents and hate crimes consist of conduct that is motivated by bias. However, hate crimes involve a criminal act, such as threats of physical violence, harassment, assault or vandalism. Bias-related incidents do not necessarily involve criminal activity and may come in the form of microaggressions (sometimes well-intentioned but extremely hurtful and biased remarks from and behavior by others) and other noncriminal acts of bias.

Even though bias-related incidents may not involve criminal acts, they may still violate College policy and/or our community values, and can be addressed when they occur. 

What might bias related behavior look like?

• A professor makes racially disparaging comments in class.
• A student is verbally harassed for being from another country.
• A wall is defaced with anti-Semitic phrases.
• A work-study supervisor repeatedly tells jokes disparaging members of the LGBTQ community.
• A student uses language related to physical or mental disability to insult someone.
• A poster is displayed that singles out a racial or ethnic group in a way that is intimidating.
• A faculty or staff member tells a student to expect to struggle due to stereotypes about the student’s race, ethnicity, gender identity and/or other perceived characteristics.
• A person intentionally ridicules another person for the pronouns that person uses.
• A veteran is presumed to be unstable or suffering from PTSD.
• Someone shouts an offensive name at you while you’re walking down the sidewalk, street or hallway.
• Someone writes an offensive word on your dry erase board.
• You see a variety of posts and/or comments on social media related to someone’s disability, ethnicity, race, national origin, gender, gender identity or expression, sexual orientation, religion, or political affiliations/beliefs that are biased, insulting and/or demeaning
• You hear someone ridiculing a person’s language, accent, or traditional manner of dress
• A racial, ethnic, or other slur is used in a joke or as a way to identify someone
• Threats, destruction of personal property, harassment, or threatening telephone calls or electronic mail
• Hate messages and symbols are posted independently or written on flyers posted by members of a group on campus
• A person makes fun of you based upon your perceived socio-economic status.
• You are excluded from classroom or co-curricular experiences based on some aspect of your identity.
• You are the target of repeated comments regarding lack of personal and/or professional competence based on your identity(ies) or associations.

Please note that these examples are not all encompassing. If you believe you have experienced or witnessed a bias-related incident, please report it. 

What is discrimination?

Discrimination is conduct that involves inequitable treatment of a person based on that individual’s actual or perceived social identity(ies).

What is harassment? 

• Harassment occurs if an individual engages in conduct that is sufficiently severe, pervasive, or persistent so as to interfere unreasonably with or limit the ability of another individual to participate in or benefit from the services, activities or privileges provided by the College, or has the purpose of creating an intimidating or hostile environment.
• That conduct may be physical, verbal, graphic, written, or electronic in nature.
• Bias-related harassment includes conduct that occurs based on race, sex, color, ethnic or national origin, religion, age, sexual orientation, disability, or veteran status.
• Harassment is not limited to the categories listed above, and may include obscene or threatening behavior and/or verbal abuse.
• Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated instances.

The College reserves the right to discipline offensive conduct that is inconsistent with community standards even if it does not rise to the level as defined by applicable law.

What are microaggressions?

Microaggressions are the everyday verbal, nonverbal, and environmental slights, snubs, or insults, whether intentional or unintentional, which communicate hostile, derogatory, or negative messages to target persons based solely upon their marginalized group membership or identity. It is important to note that those who inflict microaggressions are often unaware that they have done anything to the other person or people. 

Cumulatively, microaggressions have the potential to create a “chilly climate” in which members of a group feel marginalized or unwelcome based on their identity. Repeated acts of microaggression could constitute harassment and be grounds for conduct action.

What about retaliation?

You have the right to report what you believe is a bias-related incident or hate crime without fear of retaliation.  Retaliation includes intimidation, threats, harassment, and other adverse action based on your having filed a bias-related incident report.  For example, it would be retaliatory to intimidate someone, or to shun them from a student organization, in retribution for the person having made complaints. It would also be retaliatory to use social media as a means to negatively influence the reporting person or anyone who might be involved if an investigation results from a report.  

Any person who files a bias-related incident report in good faith, who serves as a witness during an investigation, or who otherwise supports the report, is protected against retaliation.   When evidence of retaliatory behavior exists, appropriate disciplinary action will be taken.  If you believe you have been subjected to retaliatory behavior, please contact the Director of Student Conduct and Community Standards (if a student) or the Vice President for Human Resources (if an employee) immediately.

What about false reports?

If in the process of responding to a bias-incident related report we find that the report was not made in good faith – that it was knowingly false or filed with malicious intent – the person filing the report may be subject to disciplinary action.

What is a bias-related incident?

Bias often stems from fear, misunderstanding, hatred, or stereotypes, may be deliberately or unintentionally hurtful and can occur in a variety of forms.  A bias-related incident is:

• Conduct that adversely and unfairly targets an individual or group based on social identity categories
• Those categories include national origin, ethnicity, race, age, religion, gender, gender identity & expression, sexual orientation, disability, veteran status, color, creed, marital status or any combination of these characteristics
• Bias related conduct includes speech or other forms of expression intended to harass, threaten, cause fear of physical injury, or otherwise incite violence or other criminal action against an individual or group.
• Acts may be verbal, written or physical and occur on campus or within an area that affects the campus community. 

Is a bias incident the same as a hate crime?

Both bias incidents and hate crimes consist of conduct that is motivated by bias. However, hate crimes involve a criminal act, such as threats of physical violence, harassment, assault or vandalism. Bias-related incidents do not necessarily involve criminal activity and may come in the form of microaggressions (sometimes well-intentioned but extremely hurtful and biased remarks from and behavior by others) and other noncriminal acts of bias.

How do I know if what I experienced is a bias incident?

Often, our gut feeling or instinct tells us that we have experienced bias. Talking it over with trusted colleagues, friends, family, or others may help you determine whether or not the incident was based on bias toward you. Educating yourself about bias can help as well. The BRRN and on campus resources can help support you in processing the incident and can share related examples of bias.

What about free speech? Are you trying to stop free speech or limit academic freedom?  How are bias-related behaviors different from “protected” free speech?

The BRRN is committed to fostering robust and respectful dialogue within our college community, in accordance with Utica College’s Statement of Principles Regarding Expression. The team does not tell members of the College community what they can or cannot do or say. The team also does not have any role in investigating or disciplining any community members for their speech or expression. Rather, the BRRN’s aim is to provide resources and support for members of the college community who have been harmed by bias incidents, including those that may have stemmed from protected free speech; affirm the College’s values of equity, diversity, and free expression; and support the creation of spaces for more speech and dialogue around issues of social identity that affect our college community.

Where can I report a bias-related incident or hate crime?                 

If your safety is at stake, you have information about a hate crime that has occurred at Utica College or a Utica College sponsored event or venue, and/or there are threats of immediate danger, contact the Office of Campus Safety immediately at (315) 792-3046.

Generally, for all members of the Utica College community, one of the best places to report a bias-related incident or hate crime is the Office of Campus Safety at CampusSafety@utica.edu or (315) 792-3046.  You can also report bias-related incidents or hate crimes through the BRRN online reporting form.

Students may also report bias-related incidents to the Dean for Diversity and Inclusion, the Assistant Vice President for Student Affairs and Dean of Students, an RA, and Area Coordinator, or Office of Student Living and College Engagement staff.

Faculty and staff may report bias-related incidents to the Dean for Diversity and Inclusion, the Office of Human Resources, the Office of the President, or the Office of the Provost and Senior Vice President for Academic Affairs. 

What happens when I report a bias-related incident or hate crime?

After submitting your report, a member of the BRRN will let you know your report has been received, provide options for action, talk with you about your preferred response, and provide resources for support. If a bias-related incident targets a group or particular community, rather than a specific individual, a member of the team will contact representatives of that community to discuss possible actions in response to the incident. 

Such actions may include making a referral for investigation and conduct action through investigative offices as appropriate, such as the Office of Campus Safety, the Office of Student Conduct and Community Standards, the Office of Student Affairs, the Office of Humans Resources, the Office of Legal Affairs and General Counsel, or local law enforcement.  Incidents that are potentially Title IX related will be referred to the Title IX Coordinator for review and investigation as appropriate.

Other kinds of action, such as passive or active programming about bias-related acts and hate crime, facilitating meetings among those who engaged in the behavior and those who have been targeted and affected, will be discussed and arranged on a case-by-case basis.

If I submit a report about someone specifically, will they learn it’s from me?

The BRRN will make every effort to safeguard the identities of UC community members who seek help and/or report complaints of bias-related incidents and hate crimes and maintain the confidentiality whenever possible, given the College’s responsibility for supporting a safe and nondiscriminatory working and learning environment.  While steps are taken to protect the privacy of all involved, the College may need to investigate an incident and take action once we know about an incident, whether or not the person making the report chooses to pursue a formal complaint through our conduct processes or law enforcement.

You do have the option to report anonymously if you wish.  However, if you choose to remain anonymous, our ability to respond to a reported incident is likely to be limited.  We will, however, track anonymous reports in order to keep a more accurate record of bias-related acts that occur in our community.

Can I talk with someone confidentially for support before filing a report?

We know that those who have been involved in or witnessed bias-related behaviors or potential hate crimes may need emotional or medical support.  Confidential resources do exist on campus at Utica College that can also help you decide on the actions you wish to take.

A student seeking confidential emotional or medical care may contact the following:       

Utica College Student Counseling Center
Student Wellness Center, Room 204 Strebel Student Center
(315) 792-3094     

Utica College Student Health Center
Student Wellness Center, Room 204 Strebel Student Center
(315) 792-3094

The health and counseling services noted above are available to Utica College students free of charge.

An employee seeking confidential emotional support may contact the College’s employee assistance program, ENI, at 1-800-EAP-CALL (1-800-327-2255).

Any information provided to these resources will not be reported to other College officials in any personally identifiable manner.  As a result, any individual making a report solely to such confidential resources should not expect formal action to be taken by the College. 

Am I protected against retaliation?

Any person who files a bias-related incident report in good faith, who serves as a witness during a related investigation, or who otherwise supports the report, is protected against retaliation.  You have the right to report what you believe is a bias-related incident or hate crime without fear of retaliation. 

Retaliation includes intimidation, threats, harassment, and other adverse action based on your having filed a bias-related incident report.  When evidence of retaliatory behavior exists, appropriate disciplinary action will be taken.  If you believe you have been subjected to retaliatory behavior, please contact the Director of Student Conduct and Community Standards (if a student) or the Vice President for Human Resources (if an employee) immediately.

What about false reports?

If in the process of responding to a bias-incident related report we find that the report was not made in good faith – that it was knowingly false or filed with malicious intent – the person filing the report may be subject to disciplinary action.

Why is the BRRN needed at Utica College?

Bias-related incidents and hate crimes have, and can, happen at Utica College. These incidents undermine the College’s efforts toward equity and inclusivity and cause distress and harm to those who experience them. Bias incidents limit the ability of members of our community to excel in our work and learning. Utica College has an obligation to address bias, and the BRRN provides a consultative and consistent way to do so.

I feel as though negative things like microaggressions happen all the time. What’s the point of reporting them?

Although microaggressions occur often, each one has an impact on the individual, and they have a cumulative effect on both individuals and communities. Reporting microaggressions helps tremendously in combating bias. The more information we have about microaggressions at Utica College (e.g., who engaged in the behavior, the identity targeted, where the incident occurred), the better the BRRN and other offices can focus educational programs, outreach efforts, and responses.

Where can I find more about Utica College’s principles and conduct codes that help inform the work of the BRRN?

Utica College’s statement of values, the Statement of Principles Regarding Expression, the Code of Student Conduct, and the Employee Code of Conduct can be found by following these links:

UTICA COLLEGE VALUES

STATEMENT OF PRINCIPLES REGARDING EXPRESSION

CODE OF STUDENT CONDUCT

INFORMATION ON STUDENT CONDUCT PROCESS

EMPLOYEE CODE OF CONDUCT

If the incident I report goes through a conduct process, will I receive information about what happens as a result?

For students, a federal privacy law, FERPA (Family Educational Rights and Privacy Act), prevents anyone employed by the College from divulging information about a student, including the results of disciplinary process, without his or her authorization. You may be aware that there has been a response to your report through the conduct process, but will not be informed about the outcome.  In cases that involve acts of violence, fuller disclosure is allowed to the victim of the violence.

There are similar restrictions for conduct action that involves employees of the College, whether they are faculty or administrative staff.

Is there a law that prohibits this behavior? 

While not all bias-related behavior is criminal in nature, there is legislation such as the NYS Hate Crimes Act of 2000 and the Clery Act that are related to defining, tracking and educating about biases and hate crimes.

Can a group be considered to have engaged in bias-related behavior or a hate crime?

Yes.  Members of a student group, team, office, or organization could act in a way that is motivated by bias, and such actions, if reported, would be addressed, although the process may differ from that of holding an individual responsible for their conduct.

While there are a range of behaviors that could be considered bias-related in intent and impact (see Definitions and Frequently Asked Questions), there are some incidents where preserving evidence and/or contacting Campus Safety directly is important in addressing the incident as effectively as possible. Some suggestions for those kinds of incidents are included below.

Graffiti

• Do not erase or clean off the graffiti. Contact the Office of Campus Safety immediately - an officer will take photographs and/or record the contents of the graffiti, as well as collect any other evidence available.
• If you cannot remain at the scene until a Campus Safety officer arrives, cover any graffiti/evidence with a piece of paper. Write on the paper that the Office of Campus Safety was called and give the date and time of your call. This will prevent others from seeing it and making additional calls or erasing the evidence.
• If you are told by someone that they have seen bias-related graffiti, you or the person who told you should contact the Office of Campus Safety. Even if you are told that the evidence of this graffiti has been cleaned or erased, contact the Office of Campus Safety and provide as much information as you have about the time and place the graffiti was seen.

Vandalism

• Do not attempt to clean or repair the damage.
• Contact the Office of Campus Safety immediately for an officer to collect evidence and record the damage. The Office of Campus Safety and/or the Office of Student Living and College Engagement may contact an emergency maintenance staff member if the damage makes a structure unsafe.

Verbal Harassment or Threats

• Students – contact the Office of Campus Safety immediately and provide detailed descriptions of what happened, what was said, who was involved, and where it occurred. Be sure to include names of any witnesses.  Campus Safety officers will work with you on ensuring your safety and talk with you about next steps.
• Employees – contact the Office of Campus Safety if there is an immediate threat of danger.  If there is no immediate threat, please contact the Office of Human Resources.  The Office of Human Resources will begin the process of investigating the incident and will work with you to determine if additional parties need to be involved (e.g. the Office of Campus Safety, law enforcement, etc.).

Physical Attack

• Contact Office of Campus Safety immediately or dial 911 if medical attention is needed. The Office of Campus Safety will assist you with how to proceed. 
• If you are reporting a physical attack after time has passed, and there are no immediate safety concerns, the Office of Campus Safety is still the best place to make this report, although you can also utilize the online reporting form.

Other forms of bias-related behaviors

If you’ve experienced something that you believe would be considered bias-related behavior, but you’re not sure that it rises to the level of behavior that would be considered a hate crime as described above, you still have access to resources and this reporting process.  If you’d like to talk with someone about your experience and about possibilities for responding to a possible bias-related incident, please either contact any of the individuals on the BRRN, talk with a confidential resource like the Student Counseling Center, or file an online report, and someone will contact you.   

Anonymous Reporting

If you and/or witnesses want to remain anonymous, you may still report a bias act by using the anonymous online reporting form.  Please note that our ability to investigate, if appropriate, will be limited by an anonymous report, but it will provide a record that may assist officers in resolving other cases. Anonymous reports will also assist the BRRN in keeping a more accurate record of bias-related acts that occur in our community.

If you feel that you are the target of or if you witness a bias-related incident or hate crime, you have a number of options:

• Submit a report through the online reporting form
• Contact Campus Safety at (315) 792-3046
• Contact a member of the BRRN directly:
  • Dean for Diversity and Inclusion
  • Assistant Vice President for Student Affairs and Dean of Students
  • Vice President for Human Resources and Personnel Development
  • Director of Emergency Management
  • Assistant Vice President for Marketing and Communications

The BRRN will make every effort to safeguard the identities of UC community members who seek help and/or report complaints of bias-related incidents and hate crimes and maintain the confidentiality whenever possible, given the College’s responsibility for supporting a safe and nondiscriminatory working and learning environment.  While steps are taken to protect the privacy of all involved, the College may need to investigate an incident and take action once we know about an incident, whether or not the person making the report chooses to pursue a formal complaint through our conduct processes or law enforcement.

You do have the option to report anonymously if you wish.  However, if you choose to remain anonymous, our ability to respond to a reported incident is likely to be limited.  We will, however, track anonymous reports in order to keep a more accurate record of bias-related acts that occur in our community.

Bias-related incidents can be very upsetting to not only the targeted person but also to the whole community. There are many offices at Utica College that can help by providing support to individuals or by providing access to community-based educational programs.

On campus resources for students needing assistance and support:

Student Counseling Center:  Room 204 Strebel Student Center, (315) 792-3094

Dean for Diversity and Inclusion:  Room 103 Strebel Student Center, (315) 792-3324

Asst. Vice President of Student Affairs and Dean of Students:  Room 103 Strebel Student Center,  (315) 792-3100

Office of Student Conduct and Community Standards:  Room 105 Strebel Student Center, (315) 792-3363

Office of Campus Safety:  Strebel Student Center, (315) 792-3046

On campus resources for employees needing assistance and support:

Office of Human Resources:  Room 124 White Hall, (315) 792-3276

Dean for Diversity and Inclusion:  Room 103 Strebel Student Center, (315) 792-3324

NexGen Employee Assistance Program:  1-800-327-2255

Office of Campus Safety:  Strebel Student Center, (315) 792-3046