Jan 17, 2022  
Student Handbook 2021-2022 
    
Student Handbook 2021-2022

Bias- Related Harrassment and Discrimination Policies and Procedures



Elizabethtown College will not tolerate acts of hatred and discrimination and seeks to prevent Hate Crimes and Bias Incidents. When an individual feels wronged, these procedures provide a fair and equitable process to bring such complaints forward and have them resolved.

Incidents motivated by bias generally fall into two categories; Bias Incidents and Hate Crimes.

Bias Incident – A Bias Incident is any deliberate act committed against a person or property, not rising to the level of a crime, motivated by the offender’s conscious or unconscious bias against a person or group’s perceived race, ethnicity, gender, gender identity or expression, sexual orientation, disability, religion, socioeconomic class, nation of origin, age, veteran status, possession of a general education development certificate as compared to a high school diploma, marital status or any other legally protected status.

Hate Crime – In Pennsylvania, a hate crime is defined as a criminal act motivated by ill will or hatred towards a victim’s race, color, religion or national origin.  In Pennsylvania, hate crimes are termed ethnic intimidation and the offense is set forth in the crimes code, Title 18, Section 2710.  When certain criminal offenses are committed with the motive of hate, the crime of ethnic intimidation can also be charged.  Generally, the types of offenses to which ethnic intimidation can be added are called underlying offenses.  These underlying offenses involve danger or harm to you and/or your property.

In Pennsylvania, a person commits ethnic intimidation if he or she is motivated by hatred toward the race, color, religion or national origin of another individual or group of individuals while committing certain crimes.

WHEN IS AN INCIDENT NOT CONSIDERED A HATE CRIME?

If the suspect is in the process of committing another crime, and calls the victim a derogatory name, it does not automatically mean that ethnic intimidation has taken place.

If the suspect uses insulting or derogatory words but does not place another person in a reasonable fear of harm to their person or property, this is not ethnic intimidation.

If the incident is not found to be a crime – ethnic intimidation or any other type of crime - there is often not much enforcement action police can take. PHRC does keep statistics on bias incidents and encourages the reporting of every incident of this type.

Information provided above in the Hate Crime Section is taken from: https://www.phrc.pa.gov/Resources/Pages/Hate-Crime.aspx

Elizabethtown College will report any known incidents categorized as a Hate Crime to the appropriate law enforcement agency in accordance with the Clery Act and will follow standard College procedures outlined in the Code of Conduct whenever possible.

While many, if not most, bias incidents rise to the level of a violation of the Discrimination Policy or the Bias-Related Harassment Policy, the presence of a violation is not necessary for an occurrence to be considered a Bias-Related Incident. An offender may not be a student, may not be identified, may not be found responsible, etc.  It is no less important to recognize, report, investigate and reconcile such incidents.

Policy Violations

This policy prohibits the following forms of misconduct, and considers them violations of the Code of Conduct:

Discrimination– Treating a person differently, excluding a person, and/or denying a person benefit based on their actual or perceived race, ethnicity, gender, gender identity or expression, sexual orientation, disability, religion, socioeconomic class, nation of origin, age, veteran status, possession of a general education development certificate as compared to a high school diploma, marital status or any other legally protected status.

Bias-Related Harassment - Any unwelcome verbal or physical conduct directed against a person that occurs as a result of their actual or perceived based on his or her actual or perceived race, ethnicity, gender, gender identity or expression, sexual orientation, disability, religion, socioeconomic class, nation of origin, age, veteran status, possession of a general education development certificate as compared to a high school diploma, marital status or any other legally protected status. The behavior must be sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the College’s education program, employment, and/or activities, and/or results in the creation of a hostile educational or work environment. Bias-related retaliation would also be considered a form of Bias-Related Harassment.

Harassment may include but is not limited to: to hazing, bullying, verbal abuse, assault epithets, slurs, stereotyping, threatening, intimidating, hostile acts (even if claimed to be “jokes” or “pranks”).These acts may be written, graphic, electronic, verbal, physical, etc.

Other Policy Violations Aggravated by Bias – Any violation outlined in the Code of Conduct committed against a person or property that is aggravated by the offender’s bias against perceived race, ethnicity, gender, gender identity or expression, sexual orientation, disability, religion, socioeconomic class, nation of origin, age, veteran status or marital status. 

 

Allegations of harassment on the basis of sex, gender, gender identity or gender expression will first be evaluated by the Title IX Coordinator and/or Director of Human Resources to determine if the allegation should be processed through Title IX or other employee procedures.

 

Sanctions for Policy Violations

When the conduct process is utilized to resolve violations of these policies, the full range of sanctions up to and including suspension/expulsion is possible for these violations. However, the College shall follow procedures outlined in the Code of Conduct. Whenever appropriate, the College will seek restorative practices as a method of resolution. The intent of the sanctions imposed when a student is found responsible for the Discrimination Policy, the Bias-related Harassment Policy, or any other policy violation aggravated by bias, is to remedy the effects of the violation on the impacted individual(s) and/or community, educate the offender, and prevent future recurrence of the same or similar offenses.

Procedures for Reporting Hate Crimes and Bias Incidents

Everyone is encouraged to report incidents motivated by hate and bias so that the College can investigate and resolve these issues. Whenever a Bias Incident occurs or is reported, the College will implement the Bias Incident Response Protocol. The following are ways in which any member of the College community can report these types of incidents:

This form can be found on Jayweb, or here: https://elizabethtown-advocate.symplicity.com/public_report. The form can be anonymous, depending on information the reporter is willing to provide. This form sent directly to the Dean of Students and Executive Director for College Diversity, Equity and Belonging, and the Director for Campus Safety

  •   ECTipline

This form can also be found on ECTipline webpage. The form can be anonymous, depending on information the reporter is willing to provide. This form sent directly to the Director of Safety and Security.

  •   Safety and Security Services

Anyone can report incidents directly to Campus Safety by calling 717-361-1111 or visiting the Campus Safety Office. The office is staffed 24/7.

  •   Student Life Officials

The Dean of Students and Executive Director for College Diversity, Equity and Belonging, the Associate Dean of Students for Community Living, the Director of Housing and Residence Life, Associate Directors for Community Living and Resident Assistants are all appropriate people to whom a student can report a Bias Incident or Hate Crime.

Documentation of the Incident

It is essential that individuals who have experienced bias, and witnesses, or other individuals reporting a bias-related incident or hate crime provide as much information as possible about the incident. A detailed account including date, time, exact location, names of persons involved, including any witnesses, is considered necessary for an investigation by Campus Security and/or the local police.  Impacted individuals and witnesses are encouraged to preserve evidence. For example, do not erase or remove graffiti, vandalism or public postings; take a photo if possible. Make a written record of any verbal assault; maintain any email record (do not alter, delete or forward the message). If the incident occurred by phone, preserve your call log or make note of the time and length of the call along with the phone number if possible, but do not engage with the caller. If the incident occurs via electronic messaging, either through text messages or other messaging applications, preserve the original messages with time stamps if possible, or screen shot messages that may disappear after a certain period of time. Photo or video evidence of physical evidence should be secured and preserved.

Possible Methods for Resolution

Whenever there is a violation of this policy and the alleged offender is known, the College may implement the conduct process as outlined in the Code of Conduct, or resolution procedures outlined in the Employee or Faculty manuals. Reporting parties can provide their requests and recommendations regarding how the situation is resolved, but the Bias Incident Response protocol will be followed, and the College will determine through that protocol whether to formally pursue allegations, and/or which process to utilize. Other methods of resolution between parties include but are not limited to:

  • Restorative Practices
  • Mediation
  • Participation in educational programs or workshops
  • Other informal and formal means of truth finding and reconciliation

Counseling Resources for Impacted Individuals

Confidential counseling is available to students, regardless of whether they choose to report incidents. Counseling Services provides free counseling services on campus to students. Additionally, the College Chaplain is available to provide pastoral support.

Confidentiality

Confidentiality will be maintained throughout the investigation process to the extent practical and consistent with the College’s need to undertake a full and impartial investigation.

College Reporting Requirements

The College is required by law to issue a timely warning about hate crimes that present a continuing danger to the campus community and to disclose annual statistics about these crimes in the Annual Security and Fire Safety Report. Only general information, as opposed to personal or identifying details, will be disclosed in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act.

PA Law on Hate Crimes and Bias Incidents and Associated Penalties

§ 2710.  Ethnic intimidation.

(a)  Offense defined.–A person commits the offense of ethnic intimidation if, with malicious intention toward the race, color, religion or national origin of another individual or group of individuals, he commits an offense under any other provision of this article or under Chapter 33 (relating to arson, criminal mischief and other property destruction) exclusive of section 3307 (relating to institutional vandalism) or under section 3503 (relating to criminal trespass) with respect to such individual or his or her property or with respect to one or more members of such group or to their property.

(b)  Grading.–An offense under this section shall be classified as a misdemeanor of the third degree if the other offense is classified as a summary offense. Otherwise, an offense under this section shall be classified one degree higher in the classification specified in section 106 (relating to classes of offenses) than the classification of the other offense.

(c)  Definition.–As used in this section “malicious intention” means the intention to commit any act, the commission of which is a necessary element of any offense referred to in subsection (a) motivated by hatred toward the race, color, religion or national origin of another individual or group of individuals.

(June 18, 1982, P.L.537, No.154, eff. imd.; Dec. 3, 2002, P.L.1176, No.143, eff. imd.; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days)