Utah Valley University Department of Public Safety
Effective:
1204
Supersedes:
12-16-2008
Approved By:
Hate / Bias Crimes
John C. Brewer, Chief of Police
A. It is the policy of the department to safeguard the state and federal rights of individuals irrespective of their
race, religion, ethnic background, or sexual orientation. Any acts or threats of violence, property damage,
harassment, intimidation, or other crimes designed to infringe on these rights will be given high priority.
B. Criteria for Reporting Hate/Bias Crimes: The following should be considered to determine if an incident
is to be reported to the FBI and State UCR:
1.
2.
3.
4.
5.
Totality of the circumstances.
Victim’s perception.
Demographics of the area.
Officer knowledge of the area.
Most importantly, motivation. Objective evidence that the offender’s criminal act was motivated, in
whole or in part, by his bias against the victim’s racial, religious, ethnic/national origin, or sexual
orientation group may be supported by one or more of the following facts:
a) The offender and the victim were of different racial, religious, ethnic/national origin, or sexual
orientation groups.
b) Bias-related oral comments, written statements, or gestures were made by the offender to indicate
their bias.
c) Bias-related drawings, markings, symbols, or graffiti were left at the crime scene.
d) Certain objects, items, or things that indicate bias were used.
e) The victim is a member of a racial, religious, ethnic/national origin, or sexual orientation group,
that is overwhelmingly outnumbered by members of another group in the neighborhood where the
victim lives and the incident took place.
f) The victim was visiting a neighborhood where previous hate/bias crimes have been committed
against other members of the victim’s racial, religious, ethnic/national origin, or sexual orientation
group, and where tensions remain high against that group.
g) Several incidents have occurred in the same locality, at or about the same time, and the victims are
all of the same racial, religious, ethnic/national origin, or sexual orientation group.
h) A substantial portion of the community, where the crime occurred, perceived that the incident was
motivated by bias.
i) The victim was engaged in activities promoting his/her racial, religious, ethnic/national origin, or
sexual orientation group.
j) The incident coincided with a holiday relating to, or a date of particular significance to a racial,
religious, or ethnic/national origin group.
k) The offender was previously involved in a similar hate/bias crime or is a member of a hate group.
l) There were indications that a hate group was involved.
m) A historically established animosity exists between the victim’s group and the offender’s group.
n) The victim, although not a member of the targeted racial, religious, ethnic/national origin, or sexual
orientation group, is a member of an advocacy group that supports the victim’s group.
C. Responding Officer Responsibilities
1. Secure the scene, provide medical attention (if necessary), evaluate the situation, and take the necessary
action dictated by the circumstances.
2. After the scene is stabilized, make a determination if the elements of a bias crime exist.
a) A criminal act in violation of Utah Criminal Code occurred.
b) The offender committed the criminal act with bias motive against an individual due to race,
religion, ethnicity or sexual orientation.
Rev. Date
12-16-2008
Utah Valley University Department of Public Safety
Page 1 of 2
U
1204
3. If a bias crime exists, notify a supervisor and request that they respond to the scene.
D. Responding Supervisor Responsibilities
1. Determine if a bias incident exists.
2. Determine if additional personnel are required to stabilize the incident.
3. Direct the initial investigation or request that the department detective respond if the offense is a serious
felony.
4. Ensure the Chief of Police is apprised of the incident.
E. Detective Responsibilities
1. Review the initial DR to ensure that it meets the bias crime definition and conforms to the criteria
established for UCR Hate Crime reporting. If necessary, the report may be returned to the officer for
clarification of the criteria.
2. Complete a supplement providing the appropriate hate / bias crime code.
3. Coordinate the focus of the investigation and assist with technical questions, interviews, or
interrogations.
4. Track and record all bias crime activities as well as the disposition of those activities.
5. The detective will maintain the bias crime statistics and ensure that required Hate Crime UCR forms are
sent to the responsible agency. The report shall document:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Murder and non-negligent manslaughter
Forcible rape
Robbery
Aggravated assault
Simple assault
Intimidation
Burglary
Larceny-theft
Motor vehicle theft
Arson
Criminal damage
6. The detective will also maintain hate/bias crime records and intelligence.
Rev. Date
12-16-2008
Utah Valley University Department of Public Safety
Page 2 of 2