The University of San Diego’s mission statement affirms the institution’s commitment to advancing academic excellence and creating a diverse and inclusive community. An act of intolerance is an affront to a community that values diversity and strives to create an inclusive environment.
USD expects all members of the university community to comply with the law and applicable university policies, including those that set forth the standards of behavior expected of community members, such as the Student Code of Rights and Responsibilities and the Policy Prohibiting Discrimination and Harassment. USD adopts these Response Procedures in furtherance of the university’s existing policies and applicable law.
What is an Act of Intolerance?
For the purpose of these Response Procedures, an act of intolerance is conduct that adversely and unfairly targets an individual or group on the basis of one or more of the following actual or perceived characteristics: (1) gender or gender identity; (2) race or ethnicity; (3) disability; (4) religion; (5) sexual orientation; (6) nationality; or (7) age.
Some acts of intolerance may rise to the level of a hate crime. Under California law, a hate crime means a criminal act committed, in whole or in part, because of one or more of the above actual or perceived characteristics of the victim(s). Hate crimes are not separate distinct crimes, but rather are traditional offenses motivated by the offender’s bias. Hate crimes may include crimes involving not only offenses against persons but also offenses involving damage to property, such as breaking windows of religious institutions, spray painting walls with offensive words and/or symbols, or defacing or burning property. It is a violation of both California law and university policy to commit a hate crime.
The conduct underlying some acts of intolerance may violate university policy, even if the conduct does not rise to the level of a hate crime. Some acts of intolerance may involve protected speech, but still are inconsistent with the university’s community values, and in those circumstances the university may elect to respond through education and/or through other corrective or responsive action. Acts of intolerance will be addressed by the university on a case-by-case basis.
Promptly report all acts of intolerance. Acts of intolerance should never be written off as "pranks" or "bad behavior." This type of behavior should not be tolerated in classrooms, residence halls, in offices, study areas, social gatherings or elsewhere on campus or as part of any university activities. A person who commits an act of intolerance cannot be held accountable for his or her actions if the incident is not reported. The university encourages the prompt reporting of all acts of intolerance. A supervisor or manager who receives a complaint related to an act of intolerance, or observes or is otherwise aware of an incident involving an act of intolerance, shall promptly inform the appropriate university’s designated officer as described below.
• Preserve any evidence related to the incident (e.g. graffiti, phone call recording, e-mail message, letter, photo, flyer) and make that evidence available when the report is made.
• Be aware of your reporting options.
To make a report of a hate crime, contact:
Department of Public Safety
Hughes Administration Center, Room 151
Phone: (619) 260-2222 (24-hour emergency line).
To make a report of any other act of intolerance by a student(s), contact:
Dean of Students or designee
Hahn University Center, Room 232
Phone: (619) 260-4588
To make a report of any other act of intolerance by an administrator or staff member, contact:
Director of Title IX and Equal Employment Opportunity Programs
Department of Human Resources
Maher Hall, Room 101
Phone: (619) 260-7408
To make a report of any other act of intolerance by a faculty member, contact:
Executive Vice President and Provost
Hughes Administration Center 328
Phone: (619) 260-4553
Dean, College of Arts and Sciences
Founders Hall 114
Phone: (619) 260-4545
Dean, School of Business Administration
Olin Hall 341
Phone: (619) 260-4886
Dean, School of Leadership and Education Sciences
Mother Rosalie Hall 205H
Phone: (619) 260-4540
Dean, School of Law
Warren Hall 200
Phone: (619) 260-4527
Dean, School of Nursing and Health Science
Hahn School of Nursing
Phone: (619) 260-4550
Dean, School of Peace Studies
Phone: (619) 260-7919
Note: Complaints that fall within the scope of the Policy Prohibiting Discrimination and Harassment also may be reported in the manner described by that policy.
If you are a student and you are unsure of whether to report, and would like to obtain assistance and/or explore options in a confidential setting, contact:
Serra Hall 300
Phone (619) 260-4655
Counselors are also available after hours by calling 619-260-2222.
What will USD do when it receives a report of an alleged act of intolerance?
The university will respond to reported acts of intolerance in a professional and appropriate manner. The response will take into consideration the impact on the target and the USD community.
The university will investigate all reported acts of intolerance. The investigation will be conducted in a thorough, prompt, and professional manner. Reported acts of intolerance that may rise to the level of a hate crime will be investigated by Public Safety. Where the reported conduct does not rise to the level of a hate crime, the investigation will be conducted or overseen by the Dean of Students or designee (in the case of a complaint against a student) or Human Resources (in the case of a complaint against an employee). The Office of the Provost or the appropriate Dean’s Office will conduct or oversee the investigation of a complaint against a faculty member.
The university will take appropriate corrective or other responsive action, consistent with current policies and procedures, based upon the findings of the investigation. The employee or student who made the complaint will be advised of the results of the investigation, unless doing so is prohibited by FERPA or other applicable law. Similarly, an employee or student who is accused of engaging in the conduct that resulted in the report will be advised of the results of the investigation.
The university will consider the facts and circumstances of each reported act of intolerance to determine whether a communication to the campus community about the incident is appropriate, taking into consideration various interests such as safety and confidentiality. The university’s Sensitive Issues Team or Critical Incident Response Team may be involved in evaluating the appropriate type of communication in a particular case.
Will I be retaliated against if I report an act of intolerance?
No. The university prohibits and does not tolerate retaliation against any individual who in good faith files a complaint of an act of intolerance or is involved as a witness or participant in the complaint or investigation process. Engaging in retaliation can result in disciplinary action, up to and including separation from the university.
What can I do to make a difference?
To learn more about how to get involved in promoting awareness and openness, and USD’s efforts to educate our community, please visit www.sandiego.edu/unitedfront/
Effective: September 1, 2010
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