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Hate Crimes - Clery Crimes/Hierarchy Rules

Hate Crimes

a. 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.)

  1. 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 the existence or nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists.
  2. Sexual Orientation. A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual Orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual (straight) individuals.
  3. Gender. A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
  4. Gender Identity. A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals. Gender non-conforming describes a person who does not conform to the gender-based expectations of society, e.g., a woman dressed in traditionally male clothing or a man wearing makeup. A gender non-conforming person may or may not be a lesbian, gay, bisexual, or transgender person but may be perceived as such.
  5. Ethnicity. A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term “race” in that “race” refers to a grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors.
  6. National Origin. A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth. This bias may be against people that have a name or accent associated with a national origin group, participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin.
  7. Disability. A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, 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
Murder and non-negligent manslaughter
Forcible sex offenses
Non-forcible sex offenses
Robbery
Aggravated assault
Burglary
Motor vehicle theft
Arson

Group B
Larceny-theft
Simple assault
Intimidation Destruction/damage/vandalism of property

Comments

  • 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 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.

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.

Examples of Hate Crimes

  • Scenario 1: One night a student with known anti-gay sentiments steals a number of books by LGBTQ authors from a campus library exhibit. He leaves a note on the exhibit table that reads, “Gay and lesbian books don’t belong in our library.” When he is caught leaving the library with a large bag of books, he starts shouting that LGBTQ students have been getting too much attention on campus and he was tired of it. Include this as one on-campus Larceny-Theft characterized by Sexual Orientation bias.
  • Scenario 2: A white student causes a disturbance in an on-campus classroom during a discussion on race relations. The student begins shouting racial epithets while pointing at black students. The instructor calls campus security for assistance. A white security officer and a black security officer arrive. When the black officer tries to subdue the student, the student starts shoving the officer and shouting racial epithets at him. Include this as one on-campus Simple Assault characterized by racial bias.
  • Scenario 3: A campus police officer overhears a white student and a black student arguing over a parking space on campus. They are shouting obscenities at one another and the white student shoves the black student who scrapes his hand on the asphalt when he falls. The officer approaches the students and asks for an explanation for the argument. The students tell him that one of them was driving toward the parking space first but didn’t use his turn signal to indicate he wanted to park there. The other student drove into the space not knowing that the first student had intended to park there. The officer did not find any evidence that the Simple Assault was motivated by bias. Do not include this incident as a Hate Crime in your Clery Act statistics.
  • Scenario 4: During finals week, a gay faculty member gets a series of phone calls in his noncampus office. When he answers, the caller says that she hates gay people and then hangs up. On the third night, the caller says that the faculty member had better be careful because something terrible was about to happen to gay people at the school. The faculty member is afraid and calls the local police to report the threat. Include this as one noncampus Intimidation based on Sexual Orientation bias.
  • Scenario 5: Several students call the campus security office to report swastikas spray-painted on the walls in a hallway of an on-campus student housing facility. Campus security personnel investigate but cannot find conclusive evidence that the markings were bias-motivated. Do not include this incident as a Hate Crime in your Clery Act statistics.
  • Scenario 6: Several students call the campus security office to report swastikas spray-painted on the hallway walls of an on-campus student housing facility on the floor where members of a Jewish student group live. The spray-painting follows a week of escalating tension between some Jewish and non-Jewish students over news about the Israeli-Palestinian conflict. Campus security personnel investigate and, based on the evidence, conclude that a Hate Crime was committed. Include this as one on-campus Intimidation characterized by religious bias and one on-campus student housing facility Intimidation characterized by religious bias.
  • Scenario 7: An on-campus student center features a photo exhibit of famous Muslim-Americans and their achievements. Next to the display case is a second unrelated photo exhibit that features several well-known school alumni. An employee who is prepping the coffee bar for the day notices that there are what appear to be permanent ink markings on the glass over some of the facial features of photos of the Muslim-Americans. There are no markings on the other exhibit case. The employee reports the incident to the school’s public safety officer who is on the other side of the campus and in the process of examining defaced posters announcing a meeting of the school’s Muslim-American student group. After examining all of the evidence the officer concludes that a Hate Crime was committed. Include this as one on-campus Destruction/Damage/Vandalism of Property incident characterized by religious bias.

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