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SAN FRANCISCO STATE UNIVERSITY POLICE DEPARTMENT: HATE MOTIVATED CRIMES/INCIDENTS REPORTING PROTOCOL
- PURPOSE
The campus Department of Public Safety is charged with ensuring that the rights guaranteed by state law and the U.S. Constitution are protected for all people
regardless of their ethnicity, race, national origin, religion, sex, sexual orientation, disability, or political / religious beliefs.
- GENERAL
- When such rights, as described in I.A. above, are infringed upon by violence, threats, or harassment, the Department will use every necessary resource to identify the perpetrators, arrest them, and bring
them before the court
- All acts of ;;hate-motivated violence or threats will be viewed as serious, and the investigations will be given priority attention. Such acts generate fear and concern among victims and the public,
and have the potential for recurring, escalating, and possibly causing counter - violence.
- DEFINITION
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HATE CRIME - shall be defined as any act of intimidation,
harassment, physical force, or the threat of physical force, directed against any person or family, or their property or advocate, motivated either in whole or in part by hostility to their ethnicity, race,
national origin, religion, sex, sexual orientation, physical or mental disability, or political / religious beliefs with the intention of causing fear or intimidation, or to deter the free exercise or
enjoyment of any rights or privileges secured by the Constitution or the laws of the United States or the State of California, whether or not performed under color of authority.
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HATE INCIDENT - shall be defined as any of the types of acts defined above, where one or more of the elements of 422.6 PC may be
missing, against any person or family or their property or advocate, motivated either in whole or in part by bias to their ethnicity, race, national origin, religion, sex, sexual orientation, physical or
mental disability, or political or religious belief.
- CLASSIFICATION
- Given the two listed definitions, the determination of whether an activity is reportable as a HATE CRIME or HATE INCIDENT can be made by answering the following questions:
- Was the hate activity directed at a specific target or victim (person, institution, business, etc.); and
- Does the occurrence contain all necessary elements to constitute a violation of 422.6 PC?
- If the answer to each of these questions is YES, then the determination will be that the incident is reportable as a HATE CRIME! If the answer to either of these questions is NO, the determination will
be that the incident is reportable as a HATE INCIDENT!
- Criminal violations that include elements of hate activity but are not directed at a particular person, institution, or business (do not have a specific target or victim) are only reportable as HATE
INCIDENTS. The most common example of such hate incidents involve verbal comments or acts of vandalism (graffiti on walls, sidewalks, etc.) which reflect hate/bias feelings but are only directed
generally and not at an identifiable victim. Although such incidents may constitute other criminal violations, for the purpose at hand they are reportable only as HATE INCIDENTS.
- The ultimate test remains, did the incident in question include all the necessary elements to constitute a violation of 422.6 PC, in addition to any other criminal violation? If the elements of 422.6 PC
have not been met then all such incidents are HATE INCIDENTS.
- PROCEDURE
Dispatch Center Upon receiving a report of a possible Hate Motivated Crime/Incident, the dispatcher shall:
- Dispatch a field unit as soon as reasonable practical, in accordance with appropriate radio procedure.
- Notify the Watch Commander of the reported incident.
Patrol Officer When a patrol officer responds to a reported
Hate-Motivated Crime or incident, the officer shall:
- Apprehend the perpetrator(s) if applicable.
- Request a patrol supervisor, if available, to respond to the scene.
- Stabilize the victim.
- Conduct a thorough, preliminary investigation consistent with the Department policy and procedure.
- Provide assistance to the victim and/or referral to the appropriate legal service agency.
- Initiate and complete a police report in an accurate and timely manner.
- Initiate and fill out the SFSU Hate Violence/Occurrence Report. Attach to original incident report.
Patrol Supervisor
- The field supervisor, if available, upon being notified of a possible Hate-Motivated Crime or Incident, shall:
- Respond to the scene, interview the patrol officer and confirm whether or not a Hate-Motivated Crime of Incident has occurred.
- Take whatever steps are necessary to ensure that he situation does not escalate.
- Assist in stabilizing the victim.
- Supervise the preliminary investigation.
- Ensure the patrol officer initiates the police report and reviews the completed report.
- The field supervisor shall notify the Director of Public Safety of the incident in a time manner.
- The field supervisor shall also notify the investigator as appropriate for possible follow-up action.
Detective The assigned Detective shall:
- Conduct a thorough follow-up investigation consistent with Department policy and procedure, if required.
- Keep the Detective Sergeant and Patrol Sergeants informed of the progress of the investigation.
- Prepare the case for prosecution in court or monitor its preparation.
Detective Sergeant
- The Detective Sergeant shall:
- Ensure a hate/violence occurrence report has been filled out.
- Collect and ensure that all Hate-Motivated Crime or Incident statistics are reported in accordance with State and federal law.
- Maintain a file of occurrence reports and log of all Hate Crimes and incidents.
- Analyze to determine if there is a pattern of hate crimes against any one group or groups. Develop programs and recommend selective enforcement to patrol to abate problem.
- The crime prevention officer/detective shall meet with individuals and community groups to allay fears, reduce the potential for counter-violence, and provide safety and protection information
- The crime prevention officer/detective shall assist the victim and the victim's family as needed.
Director of Public Safety The Director shall:
- Notify the President and/or other designated campus personnel of all hate-motivated crimes/incidents
- Be prepared to provide a summary report of each hate-motivated crime or incident to designated campus personnel.
- Monitor the investigative status of each hate motivated crime or incident and keep designated administrative staff apprised as appropriate.
- Serve as liaison between the Department and the press and community.
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