University of West Georgia Police Department

General Order: 01- 06

Subject:                          Hate Crimes
Effective Date:                 08/01/2006
Review Date:                   N/A

Contents:

I.                                    Purpose
II.                                   Enforcement Policy and Procedures
III.                                  Definitions
IV.                                  Bias Indicators
V.                                   First Responder’s Responsibilities
VI.                                  Supervisor's Responsibilities
VII.                                 Investigator's Responsibilities
VIII.                               Training
IX.                                  Recording Hate Crimes on Records Management  System

I. Purpose

This policy is designed to assist employees in identifying crimes motivated by bias toward an individual's race, religion, ethnic background and/or sexual orientation and to define appropriate steps for assisting victims and apprehending suspects.

II. Enforcement Policy and Procedures

It is the policy of this University of West Georgia Police Department to safeguard the state and federal rights of all individuals irrespective of their race, religion, ethnic background, disability or sexual orientation. Any acts or threats of violence, property damage, harassment, intimidation or other crimes designed to infringe upon these rights are viewed very seriously by this Department and will be given high priority.

Also, recognizing the particular fears and distress typically suffered by victims of these crimes, the potential for reprisal and escalation of violence and the possible far-reaching negative consequences of these acts on the community, particular attention shall be given to address the security and related concerns of the immediate victims as well as their families and others affected by the crime.

Enforcement Procedure

For a crime to be classifiable as a bias crime, it is sufficient that bias indicator(s) would in the exercise of professional law enforcement judgment, directly or circumstantially support a funding of a bias motive. Bias indicators need not conclusively demonstrate that a criminal act was motivated by bias or bigotry. In some instances, one bias indicator may be sufficient to support an inference that a crime was motivated by bias or bigotry (e.g., bias-related epithets or markings). In other cases, more than one bias indicator may be necessary to warrant such an inference. In each instance a law enforcement judgment is necessary to assess whether a given crime was hate motivated.

Even if the offender was mistaken in his/her belief that the victim was a member of a [citizenship, racial, religious, ethnic/national origin, handicap, or sexual orientation, gender group], the offense is still a bias crime as long as the offender was motivated by bias against that group. For example, a non-gay man walking by a bar frequented by gays was attacked by six teenagers mistakenly believing the victim to be gay. Although the offenders were mistaken, the offense is a bias crime because it was motivated by the offenders anti-gay bias.

III. Definitions

            Bias: An inclination or preference, especially one that interferes with impartial judgment. "Bias" can also mean prejudice and imply an irrational hatred or suspicion of a specific group, race, or religion.

            Disability: The Americans with Disabilities Act defines disability as "a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment." Major life activities include, but are not limited to, caring for one's self, walking, seeing, hearing, speaking, breathing, learning, and working.

            Ethnic Group: A group of persons of the same race or national origin who share common traits, languages, customs, and traditions.

            Hate Incident: Any malicious or offensive act directed against an individual or group based upon the individual's or group's perceived race, religion, culture, disability, ethnic background, and/or sexual orientation. These are non-criminal acts include, but are not limited to, activity that would cause an individual or members of a group to feel threatened or intimidated.

            Hate-Motivated Crime: Any criminal act or attempted act directed against an individual or group based on the individual's or group's actual or perceived race, religion, culture, disability, ethnic background, and/or sexual orientation.

            Race: A group of persons who possess common physical characteristics (e.g., color of skin, facial features, etc.) genetically transmitted by descent and heredity that distinguish the group as a distinct division of humankind.

            Religious Group: A group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being (e.g., Catholics, atheists, etc.).

            Sexual Orientation: A sexual attraction toward, and responsiveness to, members of one's own sex or members of the opposite sex (e.g., homosexuals, heterosexuals, bisexuals, etc.).

IV. Bias Indicators

The following criteria can assist law enforcement professionals in determining whether a particular crime should be classified as a bias crime. These criteria are not all-inclusive, and each case must be examined on its own facts and circumstances. Common sense judgment should also be applied in making the determination whether a crime should be classified as a bias crime.

Racial, Ethnic, Gender, and Cultural Differences

• Racial, religious, ethnic/national origin, handicap, or sexual orientation of victim differs from that of offender.
  
  
• Victim is a member of a group which is overwhelmingly outnumbered by members of another group in the area where the incident occurred.
  
  
• Victim was engaged in activities promoting his/her group.
  
  
• Incident coincided with a holiday or date of particular significance to the victim's group.
  
  
• Victim, although not a member of the targeted group, is a member of an advocacy group that supports the victim group, or the victim was in the company of a member of the targeted group.
  
  
• Historically, animosity exists between the victim's group and the suspect's group.

Comments, Written Statements, Gestures

• Bias-related comments, written statements, or gestures were made by the offender.

Drawings, Markings, Symbols, and Graffiti

• Bias-related drawings, markings, symbols, or graffiti were left at the scene of the incident.

• Bias indicators need not establish that the predominant purpose of an offender's actions was motivated by hatred or bias. It is sufficient for classification of an incident as a bias crime that an offender was acting out of hatred or bias, together with other motives, or that a bias motive was a contributing factor, in whole or in part, in the commission of a criminal act.

Organized Hate Groups

• Objects or items that represent the work of organized hate groups were left (e.g., white hoods, burning crosses), or an organized hate group claimed responsibility for the incident.
  
  
• There were indications that a hate group was involved. For example, a hate group claimed responsibility for the crime or was active in the neighborhood.
  

Previous Existence of Bias Crime/Incidents

• Victim was visiting a location where previous bias crimes had been committed against members of the victim's group.
  
  
• Several incidents occurred in the same area, and the victims were members of the same group.
  
  
• Victim has received previous harassing mail or phone calls or has been the victim of verbal abuse based on his/her affiliation with a targeted group.
  
  
• Victim/Witness Perception
  
  
• Victims or witnesses perceive that the incident was motivated by bias.

Motive of Suspect

• Suspect was previously involved in a similar incident or is a member of, or associates with members of, an organized hate group.
  
  
• The victim was in the company of, or married to, a member of a targeted group.
  
  
• The victim was perceived by the offender as violating or breaking from traditional conventions or working in nontraditional employment.
  
  
• The offender has a history of previous crimes with a similar modus operandi and there has been multiple victims of the same [citizenship, race, religion, ethnic/national origin, handicap, sexual orientation, or gender].
  
  
• The victim was in or near an area or place commonly associated with or frequented by a particular [citizenship, race, religion, ethnic/national origin, handicap, sexual orientation, or gender] (e.g., a gay bar).
  
  

V. First Responder’s Responsibilities

            A. When an officer at the scene of an incident believes that it may have been motivated by racial, religious, ethnic, disability or sexual orientation bias, the officer shall take the following  actions as necessary:

                        1. Determining whether any perpetrators are present and, if so, take  appropriate enforcement measures;

                        2. Restoring order to the crime scene and taking any necessary actions to  gain control of the situation;

                        3. Investigate the incident and take appropriate action to ensure the    physical safety and emotional well-being of the victim(s).

                        4. Identifying any witnesses or others who have knowledge of the crime;

                        5. Protecting the crime scene; and

                        6. Summoning a field supervisor to the scene.

                        7. Complete a thorough incident report, with the incident designated as a  Hate Crime or Hate Incident. If the incident qualifies as a Hate Crime  under Georgia   Law, the officer will mark the appropriate box on the records management system to ensure the incident is recorded as a Hate Crime for statistical purposes. If the incident is not judged to be a Hate Crime, it will be identified as a Hate Incident and the initial incident report  will be titled as such.

VI. Supervisor's Responsibilities

            A. The supervisor shall confer with the initial responding officer to ensure all necessary preliminary actions have been taken and, if warranted, inform his/her superior of the incident. The supervisor shall utilize any appropriate additional personnel or resources to ensure that the preliminary investigation is properly conducted and all necessary responsibilities are met.

            B. Immediate victim assistance, such as:

                        1. Assisting the victim in identifying and contacting individuals or  agencies that may provide support and assistance. These may include  family members or close acquaintances, a member of the clergy,                                       University counselors or others the victim may wish to have contacted.

                        2. Ensure that the victim is informed of security precautions and if necessary arrange for any additional security that may be required for protection of the victim.

            C. Ensure that a standard preliminary investigation is conducted, including the taking of photographs and collection of evidence.

            D. If warranted, the supervisor will have the Investigator - on - Call respond to the scene to begin the follow up investigation. 

            E. Ensure that all relevant facts are documented on the appropriate reports and review the responding officers initial determination as to whether the incident should be classified as a Hate Crime under Georgia Law. If the incident is not judged to be a Hate Crime, it will be identified as a Hate Incident and the initial incident report will be titled as such.

VII. Investigator's Responsibilities

            A. Investigative personnel assigned to investigate a Hate Crime will respond to the scene and assume control of the follow-up investigation. This includes:

                        1. Assuring the crime scene is properly protected, preserved and processed  and all physical evidence of the incident is collected. If evidence of an  inflammatory nature cannot be physically removed (e.g., painted words or signs on a wall) the words or signs will be photographed and Facilities will be contacted to remove such material as soon as possible. If it cannot be done in a timely manner, the investigator and shift commander will arrange to either clean or paint over the materials themselves.
                        2. Conducting a comprehensive interview with all victims and witnesses at the scene, or as soon as possible thereafter, and canvassing the area for additional sources of information;

                        3. Notifying other appropriate personnel in the chain of command, depending on the nature and seriousness of the offense, and its potential inflammatory and related impact on the community;

                        4. Working closely with the prosecutor's office to ensure that a legally adequate case is developed for prosecution;

                        5. If necessary, make appropriate notifications to and solicit the assistance of other agencies that may be of assistance or have collateral investigative   responsibilities. These agencies may include the district attorney’s office, Georgia Bureau of Investigations, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, and Firearms, and the US Attorney's Office.
                        6. Provide ongoing information to the crime victim about the status of  the criminal investigation.

VIII. Training

Training is necessary for all police and dispatch personnel to ensure that they understand and know how to enforce the Federal and Georgia Hate Crimes Acts. Training will include an examination of the law, enforcement techniques, and how to record the incident on the records management system.

IX. Recording Incidents on RMS System

The following steps will be taken to properly record hate crimes and incidents in the Records Management System.

1. You must have a crime in the IBR/UCR section of the Main Page of the Incident report.
2. You must fill-in all of the following areas before going to hate crimes:

3. Hate Crimes block is located on the right side of this screen and labeled Hate Bias.

Bias Motivation

            Racial Bias:

Religious Bias:

Ethnicity/National Origin Bias:

Sexual-Orientation Bias:

Disability Bias:

None/Unknown:

4. The next box down is Special Circumstance.  You should add Hate/Bias Circumstance.
5. Location box is always used on all crimes.  School/College
6. Method of Operation if known should be checked
7. Suspect Used if known.
8. Victim Used if known.
9. Weapon used if known.

Officers should review all checked areas to ensure quality of the report.

All areas that were checked should be supported in the narrative section of the report.