Bias Response Reporting and Support
Bias Response Reporting and Support
The Bias Response Process
The bias response and support process is coordinated through the Office of the Chief Diversity Officer. We encourage students and employees to complete this form to report behaviors and experiences you believe to be based on bias or which may be harassment or discrimination based on characteristics protected under the law.
- Title VII of the 1964 Civil Rights Act prohibits harassment and discrimination, in the employment setting, based on Race; Color; Religion; Sex; or National origin
- Title IV of the 1964 Civil Rights Act protects individuals from discrimination, in the educational setting, based on Race, Color, and National origin in programs and activities that receive federal financial assistance.
- Title VI of the 1964 Civil Rights Act prohibits Discrimination and harassment, in the educational setting, based on Race, Color, or National Origin, including Shared Ancestry or Ethnic Characteristics.
- NYS Human Rights Law prohibits discrimination and harassment based on race, color, religion, creed, national origin, sex, sexual orientation, gender identity, age, disability, military status, and familial status, status as a victim of domestic violence, sexual abuse, or stalking, as well as their predisposing genetic characteristics. The protections extend to employment, housing, credit, places of public accommodation, and non-sectarian educational institutions
NOTE: Reports that fall under Title IX and NYS Education Law 129-B including sexual harassment, sexual discrimination, sexual assault, and domestic and interpersonal violence should be reported through the Title IX reporting process as explained here.
We understand that there may be hesitation to report bias while under the supervision of an individual to whom you are reporting or while still a student in a class or program where bias has occurred. We will work with reporting individuals on the best course of action for their specific experience while balancing the University’s obligation to provide timely and effective redress.
The University takes all reports seriously and we while we respect that some who report wish to remain anonymous or request that no action be taken, the University is obligated to document its efforts to take immediate and effective action to respond to harassment that creates a hostile environment and to provide due process to both those who report and those accused of bias related harassment or discrimination. In sum, while the University will endeavor to honor requests for anonymity, it cannot guarantee your anonymity in the process.
General Process:
- Whether a report is filed through the bias reporting form or through some other means (phone, in person or email) the complaint will be reviewed by the Equity Investigator/Title VI Coordinator.
- The Equity Investigator/Title VI Coordinator will either review the complaint and conduct a more detailed gathering of information or assign the report to a campus partner office for that more detailed intake. Reporting individuals will have an opportunity to provide the Equity Investigator/Title VI Coordinator (or assigned partner) with any supplemental information or documentation that could be useful in determining appropriate next steps.
- The Equity Investigator/Title VI Coordinator will help the reporting individual with accessing supportive and interim measures (as appropriate) and will coordinate appropriate follow-up to ensure supportive and interim measures are implemented.
- Equity Investigator/Title VI Coordinator will provide an initial assessment and draft an investigation plan for review by the Bias Response Leads.
- The Bias Response Leads will review initial assessment/recommendations from the Equity Investigator/Title VI Coordinator and advise on next steps including whether the facts rise to a violation of law or policy that could require further action through conduct and community standards (in cases involving students) or disciplinary action through labor relations (in cases involving employees).
- The Equity Investigator/Title VI Coordinator will review reports for trends or patterns and make recommendations to appropriate campus leaders about follow-up, services, educational or intervention measures that may be helpful in addressing reported matters.
- Some reports may not, on the facts presented, rise to the level of violating law or policy. In such cases the University may still take action that could improve campus climate, mitigate or eliminate future occurrences.
- Please note the integrity of this report is taken seriously. Therefore, false reporting and retaliation are very serious violations. If an individual makes a false report or takes retaliatory action towards a reporting individual or participant in the investigative process, that individual may face consequences under university processes.
What Is Bias?
Bias is defined as prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair or to cause to feel or show inclination or prejudice for or against someone or something.
‘Bias related’ experiences refers to language and/or behaviors which demonstrate bias against or in favor of persons because of, but not limited to, actual or perceived: race, ethnicity, national origin, religion, creed, age, gender, gender identity, gender expression, sexual orientation, body size, disability, marital status, predisposing genetic characteristics, veteran status, ex-offender status and/or socioeconomic status, shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity.
Additional Information regarding Title VI: Unwelcomed conduct based on shared ancestry or ethnic characteristics that, based on the totality of circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity. Harassing conduct can be verbal or physical and need not be directed at a particular individual.
Free Speech and the University
As a public university we are bound by law to uphold state and federal constitutional rights, including free speech, for all students and employees. Free Speech is the cornerstone of the “marketplace of ideas” and diversity of experience, background and thought is needed for the academy to engage in inquiry, innovation, and development of an informed citizenry. That said, universities also have an obligation to create a safe, inclusive learning environment for all members of the campus community.
Courts in the United States have found that expression generally cannot be punished based on its content or viewpoint alone. Any expression that constitutes a true threat, incitement to imminent lawless action, discriminatory harassment or hostile learning or working environment requires the university to engage in a timely process of investigation and to take steps that will appropriately support those impacted by bias and to end the harassing behavior.
Offensive or Hate Speech may be harmful AND protected under the law.
Hate speech may be offensive and hurtful, though it is generally protected by the First Amendment.” One common definition of hate speech is “any form of expression through which speakers intend to vilify, humiliate or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identity, gender identity, ethnicity, disability or national origin.
The University recognizes that offensive speech can be painful to members of our community, and where offensive or hate speech must be allowed by law, it does not constitute the University’s acceptance or an endorsement of offensive viewpoints that run counter to our values of diversity, equity, and inclusion.
Are there exceptions to free speech?
Yes. The University can regulate the content of speech if the speech falls within one of the very narrow First Amendment exceptions. This may include speech that explicitly expresses intent to cause immediate bodily harm or to incite of illegal activity. Other examples include targeted threats and severe, pervasive and offensive harassment.
New Paltz may also impose “time, place and manner” limitations on speech within the campus grounds – this might include a restriction that affects where a speech be held, but not the speech itself.
When does speech become harassment?
Generally, for speech to rise to the level of harassment it must meet the following:
- Targeted at a student or group of students.
- Be repeated and pervasive; and
- be threatening and interfering with an individual’s work or education.
What if I don’t agree with the expressed viewpoint? Can I shout a speaker down or protest?
Freedom of expression also gives individuals the right to oppose the opinions of others — so long as it is done in such a way that it doesn’t limit the speaker or interfere with University operations. The University has a legal obligation under the First Amendment to protect speakers from disruption or interference.
The University supports the right to peacefully assemble and protest, but there must be a sense of order on campus where discourse remains civil, non-threatening and does not disrupt the thousands who come to campus each day to study and work.
Additional Information on Free Speech, Offensive Speech, Shared Ancestry.
https://www.freedomforum.org/free-speech-on-college-campuses/
FIRE Limit to Free Speech https://youtu.be/rpcuPq82g-M
FIRE Offensive Speech on Campus https://youtu.be/FIwvX78IYts
OCR resources Shared Ancestry https://www2.ed.gov/about/offices/list/ocr/sharedancestry.html
