Hate Crimes and Hate Incidents
Chaffey College is committed to fostering a diverse and supportive community free from hate and intimidation. The College has created this webpage to provide resources and tools for individuals who may have experienced, observed, would like to report, or have questions about hate crimes and hate incidents. We continue to develop our response and prevention efforts to best meet the needs of the Chaffey community.
What is a hate crime?
California Penal Code section 422.55 defines a hate crime as, “…a criminal act committed,
in whole or in part, because of one or more of the following actual or perceived characteristics
of the victim: disability, gender, nationality, race or ethnicity, religion, sexual
orientation; or because of the person’s association with a person or group with one
or more of these actual or perceived characteristics.”
Hate crimes can serve as a stand-alone crime under California Penal Code section 422.6(a) (force or threat of force), as an aggravating factor under California Penal Code section 422.7, or as a penalty enhancement under California Penal Code section 422.75. In addition to each of these, the following are some of the other California criminal laws that relate to hate crimes:
- Penal Code Section 302: Provides it is a misdemeanor to willfully disturb a group of people meeting to worship.
- Penal Code Section 422: Prohibits verbal, written or electronically transmitted threats to commit great bodily injury or death to another or his/her immediate family.
- Penal Code Section 422.6(b): Provides it is a misdemeanor to damage a person’s property because of his or her race, color, religion, ancestry, national origin, sex, disability, or sexual orientation.
- Penal Code Section 422.77: Provides for the criminal enforcement of any order issued pursuant to Civil Code § 52.1.
- Penal Code Section 594.3: Provides it is a felony to knowingly vandalize a place of worship.
- Penal Code Section 1170.8: Provides additional punishment for robbery or assault of persons, or arson, within a place of worship.
- Penal Code Section 1170.85(b): Provides additional punishment for felonies committed against the aged or disabled.
- Penal Code Section 11411: Prohibits terrorizing by placing or displaying any unauthorized sign, mark, symbol, emblem or other physical impression.
- Penal Code Section 11412: Prohibits terrorizing threats of injury or property damage to interfere with the exercise of religious beliefs.
What is a hate incident?
Unlike hate crimes, there is no legal definition for a hate incident. Generally speaking,
a hate incident is non-criminal conduct that is motivated by hatred or bigotry and
directed at any individual, residence, house of worship, institution, or business
expressly because of the victim's real or perceived disability, gender, nationality,
race or ethnicity, religion, sexual orientation, age or because of the person’s association
with a person or group with one or more of these actual or perceived characteristics.
Hate incidents often involve the same types of unacceptable behaviors found in hate crimes except that one or more of the formal statutory hate crime elements are not met (e.g., there is no actual underlying crime committed, the “because of” element is missing, etc.). Although hate incidents may not necessarily constitute a criminal act, they may violate District policies and can be the basis for an administrative action (i.e., a discipline, termination, expulsion, etc.).
Regardless of whether you believe something is a hate crime or a hate incident, you should report it because the District investigates all reported incidents of hate.
Reporting a Hate Crime or Hate Incident
If you experience, witness, or are made aware of a hate crime or a hate incident, please report it. You can report a hate crime or hate incident any of the following ways:
Online: HATE CRIME/HATE INCIDENT REPORT
By Email: You can report a hate crime or hate incident to the Chaffey Police (hate.reportPD@chaffey.edu) and to the Chaffey Title 5 Coordinator (hate.report@chaffey.edu) through email. When submitting a hate crime or hate incident report through email, please include both the Chaffey Police and Title 5 Office email addresses in the same submission.
*You only need to submit your hate incident or hate crime report once. If you submit a report through the online “HATE CRIME/HATE INCIDENT REPORT” you do not need to submit a report through email. If you submit a report via email, you do not need to submit a report through the “HATE CRIME/HATE INCIDENT REPORT.”
When using the online HATE CRIME/HATE INCIDENT REPORT, you have the option of remaining anonymous. Regardless of whether you report a hate crime or hate incident online or through email, your report is confidential as allowed by law.
If your immediate safety is at risk, if you are witnessing violence, or if you perceive
imminent harm to yourself or others, please call Chaffey Police at (909) 652-6911.
If you are off campus, call 911 or the local police agency in the area.
What Happens after I Report a Hate Crime or Hate Incident?
After you submit the HATE CRIME/HATE INCIDENT REPORT online or submit a report via email, the Chaffey Police and the Chaffey Title 5 Coordinator
will review the report to determine the next steps, which may include a referral to
a counselor, a request for an interview to obtain additional information, exploration
of potential remedial measures, etc. Upon receiving the report, the District will
make every effort to communicate with the impacted individual(s), and when appropriate,
to the Chaffey community about the incident.
All incidents of hate are investigated regardless of whether or not a crime has been committed. Chaffey Police will conduct a criminal investigation and the District’s Title 5 Coordinator will conduct an administrative review and/or investigation. The Chaffey Police and the Title 5 Coordinator will utilize all resources possible to ensure that a thorough review and/or investigation takes place. When necessary, the District will work with other Chaffey departments (e.g., IT, Student Affairs, etc.) as part of the review and/or investigation.
The Police and the Title 5 Coordinator make every effort to identify the person or persons responsible for the incident. For a detailed explanation of the criminal investigatory steps, please refer to the Chaffey Community College District Police Department Policy Manual, Policy 339 (Hate Crimes).
Following a criminal investigation, if the Chaffey Police develop probable cause that a particular person or persons committed a crime, the case would be referred to the San Bernardino District Attorney’s office. The San Bernardino District Attorney has the sole discretion whether to file criminal charges.
To the extent possible under the law, the District will pursue an administrative action (e.g., discipline) if the individual responsible for the hate crime or hate incident is a Chaffey employee or Chaffey student. Because of FERPA and other state and federal privacy laws that apply to current and former employees, often the findings of an administrative review and/or investigation may not be shared or made public.
Counseling and Victim Resources
There are various victim resources offered through Chaffey, Chaffey affiliates, and other entities or agencies. A list of resources for victims of hate crimes and hate incidents can be found at: Counseling and Victim Resources page
