ASSISTANT VICE CHANCELLOR/DEAN OF STUDENT LIFE

A bias incident is an act of bigotry, harassment, or intimidation that is motivated in whole or in part by bias based on an individual’s or group’s actual or perceived race, color, creed, religion, national origin, gender, age, marital status, disability, public assistance status, veteran status or military affiliation, sexual orientation, gender identity, or gender expression. Bias often stems from fear, misunderstanding, hatred, ignorance, or stereotypes and may be intentional or unintentional.

 

No. Both bias incidents and hate crimes consist of conduct that is motivated by bias. However, hate crimes involve a criminal act, such as assault or vandalism. Bias incidents do not necessarily involve criminal activity and may come in the form of microaggressions or other noncriminal acts of bias.

 

Reporting an incident of bias to the university allows the university to investigate and respond to incidents that occur on campus. Reporting hate crimes and bias incidents, even those you might not consider "serious," is important in order to monitor our campus climate and prevent future incidents. By reporting detailed information on incidents, you can strengthen the case for possible action through our campus judicial system and also help us to identify trends that can be addressed by administration before more serious incidents occur.

 

After submitting your report, the university will assign the report to the appropriate office to investigate and respond. For example, reports involving students may be provided to our Office of Student Conduct, or if involving a staff member, to the Office of Equal Opportunity, or if involving faculty, to the Academic Senate. Additional offices that may outreach or respond to incidents are the Office of Title IX, the Office of The Dean of Students, Graduate Division, Human Resources, or others. If you have been impacted by a bias incident or hate crime, you will be presented with a variety of options over which you will have decision-making authority. Reporting a possible hate crime or bias incident does not "lock" you into a chain of events over which you are powerless. You will have input throughout the process, and the University will support you in organizing whatever response you choose. You will be treated with respect and sensitivity, and your report will be considered private.

Please keep in mind that some university employees are required to make certain disclosures by law. For example, many university employees are required to:

• File a report with the Clery Coordinator if they receive a report of a covered crime alleged to have occurred on covered property (including on-campus or in adjacent public areas).
• File a report with the Title IX Officer if they learn of an alleged violation of the University's Sexual Violence and Sexual Harassment (SVSH) Policy. 
• File a report about alleged child abuse or neglect under CANRA. 

Other disclosures might also be required. If you have any questions or concerns about required disclosures, ask the staff member you are speaking with about their disclosure requirements before sharing any details of the incident. These required disclosures are not intended to dissuade you from reporting, but to ensure that there is a proper response to incidents in our community. Furthermore, some disclosure laws and policies permit anonymous disclosures. 

 

As you are likely aware, there has been an increased national move away from punitive forms of justice, toward restorative and community-focused justice. Student Affairs is in full support of these goals as they are important steps to eradicate the many vectors of inequality. Over recent years, Student Affairs has been moving toward practices of restorative justice for reports of conduct violation and incidents of bias. Decisions about the University’s response will be made by University administration and will try to honor the requests of the impacted parties as much as possible. However, there may be times when the University’s response is limited due to laws and policies surrounding freedom of expression or when a requested response is deemed not to be in the best interest of the student body.

 

During the process of investigation and response, impacted parties will be informed of progress to the extent possible. Due to FERPA restrictions, we are prohibited from providing updates to those not directly involved in the incidents.

 

Yes. While UCSB’s ability to respond may be limited in these instances, we encourage you to submit a report if you believe there has been an incident of bias or misconduct by a member of the UCSB community, regardless of location.

 

This form is intended to be used by UCSB undergraduate and graduate students, or to report incidents involving UCSB undergraduate or graduate students. Incidents that do not involve students should be reported here.

 

Yes. This ensures that an incident has indeed been reported to the University and is under investigation. You may also have information not originally provided that may assist in an investigation.

 

Incidents that involve a staff or faculty member will likely involve investigation by Title IX, Equal Opportunity, Human Resources, or the Academic Senate. Incidents involving faculty will be assessed based upon the Faculty Code of Conduct.

 

Reports on the number and types of incidents reported can be viewed here.

 

UCSB is committed to fostering robust and respectful dialogue within our campus community. As with all public institutions, we are legally required to uphold the First Amendment. Click here for more information on Freedom of Expression. While the First Amendment protects the free expression of ideas that are sometimes offensive, that does not mean the university is powerless to respond.

Instead of trying to censor or punish free speech, the University tracks bias incidents in order to:

• Assist the victim/target in receiving the appropriate services (if requested);
• Develop programming and training opportunities to address intolerance;
• Detect emerging patterns of hateful or biased activity;
• Make recommendations to campus leadership for the prevention of and response to future bias incidents or hate crimes.

Of course, people who commit acts of hate or bias that are not protected under the First Amendment may be subject to disciplinary proceedings or prosecution. Possible examples include physical assault, vandalism, trespassing, harassment, incitement, or genuine threats of violence.

 

For additional information, email studentlife@sa.ucsb.edu.