Challenging Hate at USD

The following sections provide more detailed information on hate crimes and bias-motivated incidents to help educate the USD community in the hope of preventing such acts.

Hate Crimes On Campus

Unlike other crimes that target individuals, hate crimes and bias-motivated incidents can have a tremendous impact on an entire community. When one person in the community is the target of a hate-based crime, the entire community often feels at risk. Hate crimes can divide communities by raising levels of fear and suspicion which lowers openness and cooperation among its members. Unfortunately, our community has not been immune from hate crimes or bias-motivated incidents. Over the years we have experienced several instances of racist vandalism and harassment. One student even received a hate related death threat.

What Is A Hate Crime?

A "hate crime" is any crime committed because of the victim's actual or perceived race, color, religion, ancestry, national origin, disability, gender or sexual orientation. Anyone can be a victim of hate crimes, including men, women, heterosexuals, whites, etc. People from all parts of society commit hate crimes; they include and are not limited to majority and minority groups.

California State Penal Code Section 422.6 states:

No person, whether or not acting under the color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or the laws of this state or the Constitution or laws of the United States, because of the other person 's race, religion, ancestry, national origin, disability, gender or sexual orientation or because he or she perceives that the other person has one or more of these characteristics; knowingly deface, damage or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of the United States.

The law does not require that the victim be a member of a particular group, only that the person perceives that the victim belongs to a certain classification. Hate crimes are expressed in several ways. Sometimes physical violence and sometimes violence against property. Violence against property includes: breaking windows of religious institutions, spray painting walls with offensive words and symbols, defacing or burning property. An example of hate-based harassment includes: anonymous phone calls, threatening letters, interruptions of religious services or multicultural events.

• Type of hate crime: Physical Violence

  Example #1: A person who hates people from the Middle East strikes an Iranian with his fist and calls him a "camel jockey." Even if it turns out the victim is actually Latino; it is still a hate crime.
  Example #2: If a person stabs a man he thinks is gay even if the victim is actually heterosexual, this is still a hate crime.

• Type of hate crime: Violence against property

  Example #1: A student finds out that her new roommate is an African-American and she writes a racial slur on the wall of the room they share.
  Example #2: A member of the USD community finds his or her office door spray-painted with the words "Jap" or "Cook."
  Example #3: Burning or defacing a religious building such as a church, synagogue or mosque with hate language.

Are Hate Crime Laws Against The Constitution?

Hate groups and individuals have the right to assemble. They have the right to exist and to express their opinions. They do not, however, have the right to break any laws. The United States Supreme Court upheld the constitutionality of hate crime laws in Wisconsin v. Todd Mitchell (1993) 113S. Ct. 2194. The First Amendment of our Constitution protects most verbal or written expression, so racial slurs or derogatory speech is not enough to be considered a crime. The California Supreme Court upheld the constitutionality of hate crime laws in re M.S. and People v. Superior Court, (Aishman). In California, speech that threatens violence or physical harm to specific persons or groups may constitute a crime.

What Is A Bias Motivated Incident?

A "bias-motivated incident" is an act which does not violate the State Penal Code but originates in hatred for someone's actual or perceived race, color, religion, ancestry, national origin, disability, gender or sexual orientation. Examples of bias-motivated incidents include dissemination of racist flyers, defacing of a student organization flyer, name-calling, and other non-criminal conduct motivated by the perceived status of a person or a group. Bias-motivated incidents are not crimes, however their effect can be equally destructive as hate crimes. The city of San Diego monitors this kind of activity because this type of behavior may lead to hate crimes in the future if the conduct is allowed to persist. It is important to document bias-motivated incidents, because evidence of prior occurrences may be used to prove motive or intent during legal or administrative proceedings involving allegations of hate crimes. Also, documentation of these incidents helps refute later claims by a suspect that the crime committed was an isolated incident not motivated by any type of bias toward the victim.

"Challenging Hate: Bridging Identities" Campaign (ongoing, previously sponsord campaign)

The University of San Diego is a religious institution that values treating all members of its community with dignity, respect and recognizes an ethical obligation to help protect its students, staff, faculty, administrators and visitors from hate-based incidents, harassment and crime. As a result, the Irvine Foundation through funding of the "Cultural Competencies" Irvine Grant II, has supported the United Front Multicultural Center and the Department of Public Safety. This joint effort called "Challenging Hate: Bridging Identities" is a hate crimes awareness campaign. The Social Issues Committee, Multicultural Issues and the Multicultural Programming Committee have also been able to join efforts in challenging hate-based crime on campus.

Please help us create a more inclusive, safer and more tolerant educational institution by joining the"Challenging Hate: Bridging Identities" campus-wide initiative.

Examples of Bias-Motivated Incidents

• Stereotypical jokes or comments made against certain ethnic groups.
• A fraternity designs and wears a T-shirt degrading women during rush week. The shirt clearly projects that women should only be considered as "sex objects."
• A gay and lesbian student organization's promotional flyer is defaced with the words "Fags go home."
• A Mexican-American student walks out of his or her residence hall and another person yells, "Go home wetback."
• A Latino says as a person cuts in front of him in a lunch line," You whiteys are all alike."

What Can I Do If I Witness A Hate Crime Or Bias-Motivated Incident?

Hate crimes and bias-motivated incidents should never be written off as "pranks" or "bad behavior," this type of behavior should not be tolerated in classrooms, residence halls, on playing fields, in offices, study areas or at social gatherings. Hate crimes and bias-motivated incidents should and can be reported to the appropriate University departments and organizations so appropriate follow through can occur. Follow the reporting procedures listed later on this page.

If you know the person committing the hate-based act, one thing you can do is confront the individual ask him or her, "Why are you using this type of language ?", "Why are you saying or doing this type of thing?" Tell him or her exactly how you feel. If you feel uncomfortable confronting someone, then tell someone else by reporting it. Remember "minor" discriminatory acts may lead to more serious problems later.

What Can You Do To Help?

• Learn more about community organizations challenging hate on campus. You can get involved in promoting awareness and openness.
• Dispel racist myths by taking the opportunity to counter racists views.
• If you know a victim, offer your help, provide support, show him or her that you and the University community cares

What Should I Do If I Am A Victim Of A Hate Crime Or Bias-Motivated Incident?

Immediately report any hate crime or bias-motivated incident. The decision is yours, but reporting a hate crime or bias-motivated incident is a key part of stopping hateful acts. A person who commits a hate crime can not be held accountable for his or her actions if the crime or incident is not reported. In addition, collecting accurate data on the number of hate crimes and bias-motivated incidents is one of the only ways for the Department of Public Safety and community organizations to analyze the extent of the problem on campus and to collaboratively develop prevention efforts.

If you or someone you know is a victim of a hate crime or bias-motivated incident you can be rest assured that your report will be taken very seriously and kept confidential. A thorough investigation will result, and administrative or criminal proceedings will follow.

How To File A Report

• Call or report the hate crime or bias-motivated incident to the Department of Public Safety ext. 2222 emergency line or ext. 7777 for the non-emergency number. Ask for a supervisor, and if one is not available request an officer to take your report.
• Call or report the crime or incident to the United Front Multicultural Center located in the University Center in room 128 or call at ext. 2395. The Center will in turn immediately forward your report to the Department of Public Safety for investigation or other follow-up.
• All campus Hate Crimes are reported to the San Diego County Hate Crimes Registry.
• Click HERE to see USD Hate Crime Statistics

Sources

"A Policy Maker's Guide to Hate Crimes," Monograph, U.S. Department of Justice, Bureau of Justice Assistance.
"Dealing with Hate Crimes," University of San Diego United Front Multicultural Center brochure.
"Hate Crimes," 1996 Report from the Anti-Defamation League/San Diego Hate Crimes Registry.
"Information about Hate Crimes," Office of the District Attorney, Paul J. Pfingst.
"What You Should Know About HATE CRIMES," Victim Witness Assistance Unit, U.S. Attorney's Office.

For additional brochures or information contact:

The United Front Multicultural Center, UC 128
The Department of Public Safety, HC 150
University of San Diego 5998 Alcala Park San Diego, CA. 92110
(619) 260-7777

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