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Bias Motivated Conduct Policy:

Bias motivated conduct is prohibited. The term 鈥渂ias motivated鈥� refers to behavior and/or language that demonstrates bias against persons or groups because of those persons鈥� or groups鈥� actual or perceived race, religion, disability, sexual orientation, nationality, gender, ethnicity, or status as a member of any other protected class.听 听

Under this Student Code of Conduct, bias motivated conduct is any conduct, whether verbal, written, or physical, that constitutes a violation of the Code of Conduct and is in whole or in part motivated by bias, or is coupled with evidence of bias motivation. Examples may include defacement of posters or signs, threatening or intimidating comments or messages, vandalism to personal or University property, or similar acts.听听

If bias is found to be present, bias motivated conduct will generally be deemed to be an aggravating circumstance to the underlying violation of the Student Code of Conduct. Consequently, a finding of bias motivated conduct may result in a more severe sanction than would be given for the conduct violation without evidence of bias motivation. In some cases, bias motivated conduct may constitute discriminatory harassment or sexual misconduct and may give rise to other conduct charges accordingly.听

Definitions:

Bias-related incident refers to behavior that, whether or not criminal, constitutes a violation of behavioral standards and policies listed in the and Professional Standards of Boston College and that is motivated in whole or in part by the offender's bias toward the victim's race, religion, disability, sexual orientation, nationality, gender or ethnicity.听

Hate crimes are not separate, distinct crimes, but rather traditional criminal offenses under federal or state law that are motivated in whole or in part by the offender's bias toward the victim's race, religion, disability, sexual orientation, nationality, gender or ethnicity. Because there is always an "underlying" criminal offense involved in a hate crime, the perpetrator is subject to criminal prosecution.听

Because Boston College policies and professional standards prohibit criminal as well as some noncriminal behavior, the definitions of and the University response to "hate crime" and "bias-related incident" will overlap.听

Students accused of committing bias-related incidents are subject to discipline in accordance with the procedures established by the Office of the Dean of Students and if found responsible, may face sanctions up to and including suspension or dismissal from the University.

You can learn more about these definitions at the Office for Institutional Diversity鈥檚 webpage.

Boston College is committed to addressing incidents of bias and appreciates your assistance in bringing these incidents to our attention. Boston College students may report any alleged violations of the University's Bias Motivated Conduct policy by contacting the Office of the Dean of Students.

Our goal is to document incidents, to educate our community, and ultimately to better enable the University to prevent this kind of behavior and to address it properly when it occurs.

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Reports will be kept confidential to the extent possible unless it requires conduct or administrative action. If you have any questions about how to report, how the information is used or other questions, please contact Associate Vice President and Dean of Students, Corey Kelly or Associate Vice President, University Title IX/ADA Coordinator, Patricia Lowe at patricia.lowe@bc.edu.

Why Report?

Reporting allows the University to directly outreach to impacted students to discuss their support needs individually.听

Additionally, all reported incidents are documented in a database that is assessed continuously for trends and other critical information that contributes to the University鈥檚 efforts in fostering a positive campus climate.听

Ultimately, the information collected through reports is utilized to educate our community and ultimately better enable the University to prevent this kind of behavior and to address it properly when it occurs.听

Initial Response:

The University takes all reports of bias-related incidents seriously and prioritizes the safety of those impacted by the incident.听

After receiving a report of a bias incident, the Office of the Dean of Students and/or another supportive office, such as the Office of Residential Life, will reach out to those affected to offer a variety of support resources both on and off campus. Additionally, they will offer an opportunity for students to discuss appropriate next steps, such as the Student Conduct Process, the use of , or other administrative actions.听

Investigation:

The Boston College Police Department and/or the Office of the Dean of Students will investigate any report concerning bias-related incidents and has established a zero-tolerance policy toward these offenses or any hate crime.

Boston College Police Department Response:

BCPD will collect an initial written intake report and supporting documentation regarding the incident. Afterward, the information is shared with the commanding officer of the detective unit, where a specially trained BCPD detective and investigator will be assigned to the case. This officer will reach out to the impacted party and any witnesses to discuss the case once they feel comfortable doing so and will further investigate the incident as determined by the nature of the offense.听

The investigating detective will look for similar offenses over a period of time and identify the modus operandi or the manner of operation, especially the characteristic method employed by a person in completing the act(s). The detective will attempt to identify suspects and additional witnesses and will readily consult with off-campus criminal systems experts as needed.

All reports are forwarded to the Office of the Dean of Students for review and conduct action as appropriate. Any court prosecution will be determined after consultation with the appropriate district attorney's office and only if the victim feels comfortable doing so.

Student Conduct Process:

The Office of the Dean of Students will review all of alleged bias-motivated conduct and determine whether or not to pursue alleged violations of the Student Code of Conduct through the Student Conduct Process.

1. Review: The Office of the Dean of Students will review all reported information and other provided evidence regarding the alleged conduct. This may include meeting with impacted parties, witnesses, and other information gathering to determine whether or not to proceed with the Student Conduct Process. DOS will consider the willingness and needs of impacted parties in their determination. The office reserves discretion as to whether or not to pursue alleged violations, including when the complainant is unavailable or unwilling to participate.

2. Student Conduct Process: The Student Conduct Process, as described in Section 4.0 of the Student Code of Conduct, may include an investigation of the allegations followed by either an Administrative Hearing or an Administrative Hearing Board to determine whether or not a policy violation occurred.听

3. Resolution: As a result of the Student Conduct Process, alleged perpetrators will be determined as 鈥榬esponsible鈥� or 鈥榥ot responsible鈥� for the alleged conduct, based on the preponderance of evidence standard.听

4. Sanctions: Students found responsible for violations of the Student Code of Conduct will receive sanctions designed to deter students from similar future behavior, prevent further misconduct, address the misconduct鈥檚 effect on the community, promote safety, and provide education. Sanctions are commensurate with the severity of the violation and recognize that bias-motivated conduct may be so harmful to the University community that it may require serious sanctions, such as removal from University housing, removal from specific courses or activities, suspension, or dismissal from the University.听

   • Restorative Practices: Restorative Practices may be utilized as a result of the student conduct process, generally in situations where students take responsibility and there is a need for restoration or repair. Restorative Practices include a spectrum of practices that respond to harmful incidents, seek to repair the harm caused, and rebuild trust. These practices can be reviewed in more detail here.听

5. Appeals: Students found responsible for policy violations submit an appeal of the decision reached in accordance with Section 3.8 of the Student Code of Conduct.

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Restorative Practices:

In circumstances where the offender party takes accountability for causing harm to another community member and where all parties mutually and voluntarily agree to participate, restorative practices may be conducted to repair harm and rebuild trust after an incident. These practices can be reviewed in more detail here.听

Communication:

When responding to reported incidents of bias, our priority will always be providing care and support to those affected and connecting them to resources. When determining whether to communicate regarding a bias incident, the University considers the particular circumstances of the reported incident.

In general, when an incident is localized or contained within a limited area of campus and witnessed by a limited number of students, the Office of the Dean of Students will coordinate a response based on the needs and interests of those involved in order to maintain appropriate privacy and integrity of any ongoing investigation.

If an incident occurs in a public space and is seen or heard by multiple community members, the Vice President for Student Affairs will consider sending a message to the student body.