Bias-Motivated Incident Student Protocol and Guidelines

Introduction

diverse student audience

In accordance with its mission, Loyola Marymount University welcomes and respects the fundamental dignity of Students, faculty and staff from all backgrounds and identities, strives to create a community that does the same and facilitates the education and development of Students as people for and with others. Bias-Motivated Incidents and Hate Crimes are antithetical to these goals and send a powerful message of intolerance and discrimination, disrupt the community and educational environment and erode standards of civility.

In addition, LMU values freedom of expression and the open exchange of ideas, as the expression of controversial ideas and differing views is a vital part of discourse at a university. While the expression of a controversial and/or unpopular idea or point of view may be offensive or inflammatory to some, absent other facts, it may not constitute a hate crime or bias-related incident. While the First Amendment and this value of openness protects the expression of controversial ideas, it does not protect or condone harassment or other prohibited acts that are expressions of bias or hate aimed at individuals or groups in violation of the Student Conduct Code. 

Definitions

“Bias-Motivated Incidents” are acts, which do not violate the State Penal Code, but originate in bias against someone’s actual or perceived sex, gender, gender identity and expression, race, color, religion, national origin, ancestry, disability, age, sexual orientation, marital status, military status, veteran status, pregnancy, genetic information or any other protected classification. 

“Bias Incident Response Team (BIRT)” ensures the coordination of University-wide communication and response protocols for incidents where bias may be a motivating factor for prohibited conduct. BIRT does not preempt nor replace existing procedures and BIRT does not conduct its own investigations.  

“Complainant” means any person or organization who submits a report or complaint alleging that a University policy has been violated.

“Hate Crimes” are acts of physical force, threats or intimidation that are willfully or knowingly committed because of the victim's actual or perceived disability, gender, nationality, race or ethnicity, religion or sexual orientation. Hate crimes are expressed in several ways, sometimes physical violence and sometimes violence against property. (California Penal Code, §§422.55 and 422.6).

“Privacy” means, in general, the information related to a report made under this protocol will be shared only with a limited number of individuals who “need to know” in order to assist in the active review, investigation and determination of responsibility or restoration concerning the report. While not bound by confidentiality, these individuals are trained to be discreet and respect the privacy of all individuals involved in the process.

“Respondent” means the Student, group of Students or Registered Student Organization alleged to have committed a violation of University policies.

BIRT's Role

Sunny aerial view of LMU letters on the bluff

BIRT’s responsibility is to ensure that all appropriate University department, policies and protocols respond to reported incidents of misconduct where bias may be a motivating factor. BIRT operates transparently and communicates to the community if appropriate. BIRT serves as an oversight function to ensure that all policies, procedures, and protocols are effectively employed. BIRT does not conduct its own investigations.

Depending on the specific details of an incident, the responsible University departments will handle and resolve the matter in accordance with their established processes. These departments will often include, but are not limited to, the Department of Public Safety (DPS), the Division of Student Affairs, Office of Student Conduct & Community Responsibility and Human Resources. In discharge of their official responsibilities, these departments, not BIRT, will be in direct contact with affected individuals.

As a resource coordinator, BIRT ensures that the University supports Students impacted by Bias-Motivated Incidents. Students who experience or witness any form of Bias-Motivated Incident or Hate Crime are encouraged to report the incident as soon as possible in order to maximize the University’s ability to promptly and efficiently respond. Even in situations where the reported actor(s) is not a member of the University community at the time of the report, the University will seek to provide appropriate institutional support to the Complainant, identifying any information relevant to pattern or climate and assisting the Complainant in identifying external reporting options.

Reporting


As a resource coordinator, BIRT ensures that the University supports Students impacted by Bias-Motivated Incidents. Students who experience or witness any form of Bias-Motivated Incident or Hate Crime are encouraged to report the incident as soon as possible in order to maximize the University’s ability to promptly and efficiently respond. Even in situations where the reported actor(s) is not a member of the University community at the time of the report, the University will seek to provide appropriate institutional support to the Complainant, identifying any information relevant to pattern or climate and assisting the Complainant in identifying external reporting options.

Reports may be made to DPS:

To report a bias incident within the LMU community, please use this online portal

Please note that faculty and staff should also file their initial report with DPS, which will refer to HR after intake and any needed immediate responses.

A Complainant may choose to make a report to the University to pursue an investigation and determination under the protocol and may additionally choose to make a report to law enforcement.

Resources

LMU recognizes that deciding whether to report a Bias-Motivated Incident and choosing how to proceed can be a difficult decision that evolves over time. The University encourages any individual who has questions or concerns to seek the support of campus and community resources. Individuals are encouraged to use all available resources, regardless of when or where the Bias-Motivated Incident occurred.

Campus Ministry
Malone Student Center 210
310.338.2860
ministry@lmu.edu

Jewish Student Life
Malone Student Center 201
310.568-6131
zachary.zysman@lmu.edu

Muslim Student Life
Malone Student Center 210C
310.338-5390
msl@lmu.edu

Community of Care
Malone Student Center 301
310.338.3756

Ombuds Services
Ombuds@lmu.edu

Department of Public Safety
Foley Annex
310.338.2893
222 On-Campus Emergency Line
public.safety@lmu.edu

Ethnic & Intercultural Services
Malone Student Center 201
Phone: 310.338.5808
Email: eis@lmu.edu

LGBT Student Services
Malone 201
310.258.5482
lgbtss@lmu.edu

LMU CARES
Malone Student Center 301
310.258.4381
LMUCARES@lmu.edu

Student Health Services
Malone Student Center 201
Phone: 310.338.2937

Office of Student Conduct & Community Responsibility
Malone Student Center 355
310.338.1821

Student Health Services
Burns Recreation Center, North Side, First Floor
310.338.2881

Student Psychological Services
Burns Recreation Center, North Side,
Second Floor
310.338.2868

Title IX Coordinator
Sara Trivedi
University Hall 1900
310.568.6105
Sara.Trivedi@lmu.edu

24/7 Assistance Intl.SOS
(Study Abroad)
LMU's Intl. SOS member number: 11BCAS392729
Domestic: 1.215.942.8226

Legal Aid Foundation of Los Angeles
1640 5th St., Suite 124
Santa Monica, CA 90401
310.899.6200

Superior Court of Los Angeles
(Temporary Restraining Order)