Hate Crimes - Clery Crimes/Hierarchy Rules
Hate Crimes are any of the reportable crimes or other crimes involving bodily injury reported to local police agencies or to a campus security authority, that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias or the perpetrator perceived the person to be in one of the protected group categories.
There are six types of bias categories: (You must use the FBI’s UCR Hate Crime Data Collection Guidelines and Training Guide for Hate Crime Data Collection.)
- Race: A preformed negative attitude toward a group of persons who possess common physical characteristics such as color of skin, eyes, and/or hair, facial features genetically transmitted which distinguish them as a distinct division of humankind. ex. Asians, blacks, whites
- Gender: A preformed negative opinion or attitude toward a group of persons because those persons are either male or female. Gender bias is a Clery Act specific term that is not found in the FBI’s Hate Crime Data Collection Guidelines.
- Religion: A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and existence or nonexistence of a supreme being. ex. Catholics, Jews, Protestants, Muslims, etc.
- Sexual Orientation: A preformed negative opinion or attitude toward a group of persons based on their sexual attraction toward, and responsiveness to, members of their own sex or members of the opposite sex. ex. gays, lesbians, heterosexuals
- Ethnicity/National Origin: A preformed negative opinion or attitude toward a group of persons of the same race or national origin who share common or similar traits, languages, customs and traditions. ex. Arabs, Hispanics, etc.
- Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairment/challenges whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.
Hate crimes include any offense in the following two groups:
|Group A||Group B|
|Murder and non-negligent manslaughter||Larceny-theft|
|Forcible sex offenses||Simple assault|
|Non-forcible sex offenses||Intimidation|
|Robbery||Destruction/damage/vandalism of property|
|Motor vehicle theft|
- Count offense per victim by geographic location.
- Count if sufficient objective facts are present to conclude that the offender’s actions in whole or part were motivated by bias.
Do Not Count
- Do not count unless there is evidence. Knowing that the perpetrator is prejudiced is not enough.
- Do not count based on the victim’s perception, it is the perception of the perpetrator that classifies the offense as bias.
- Do not count rape unless there is a clear evidence of bias.
While there are additional types of bias, the Clery Act limits disclosure to the six types. Campus security departments are encouraged to seek guidance from local police to classify hate crimes.
Some factors to consider in determining bias are:
- oral comments, written statements or gestures;
- drawings, markings, symbols or graffiti;
- occurred on a holiday or a date of significance;
- previous involvement in a similar hate crime; and
- community perception that incident was bias motivated.