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Hate Crimes On Campus


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A presentation I did in grad school that examined hate crimes on college campuses.

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Hate Crimes On Campus

  1. 1. Hate Crimes on Campus:Hate Crimes on Campus: Blurring the Line BetweenBlurring the Line Between Free Speech and HateFree Speech and Hate SpeechSpeech Adam Kindschy & Mark LitwaAdam Kindschy & Mark Litwa Legal Aspects of Higher EducationLegal Aspects of Higher Education Loyola University ChicagoLoyola University Chicago
  2. 2. What Are Hate Crimes?What Are Hate Crimes? Vandalism Harassment Violence Victim is targeted Criminal Offenses
  3. 3. Reported Cases on CampusReported Cases on Campus  1,312 in 19971,312 in 1997  2,067 in 20012,067 in 2001
  4. 4. Some Recent ExamplesSome Recent Examples  Racist video posted to YouTube by Texas A&MRacist video posted to YouTube by Texas A&M studentsstudents  ““N word” written on windshield of black student at PaceN word” written on windshield of black student at Pace UniversityUniversity  U. Maine student yelled anti-gay slurs and threats atU. Maine student yelled anti-gay slurs and threats at another student and physically attacked himanother student and physically attacked him  Homemade pipe bomb set off in dorm room of twoHomemade pipe bomb set off in dorm room of two black students at a college in Utahblack students at a college in Utah  3 white students at a university in Maine left an3 white students at a university in Maine left an anonymous racist voice message on black student’sanonymous racist voice message on black student’s answering machineanswering machine
  5. 5. Title IX ImplicationsTitle IX Implications  Student victims ofStudent victims of harassment andharassment and discrimination based ondiscrimination based on gender identity orgender identity or sexual orientation dosexual orientation do have some protectionhave some protection  GLBT students onlyGLBT students only protected againstprotected against harassment based onharassment based on sex (not sexualsex (not sexual orientation)orientation)
  6. 6. Freedom of Speech:Freedom of Speech: Public vs. PrivatePublic vs. Private  Students at Publics guaranteed freedom of speech under First Amendment (with a few limitations)  Private students have no free speech protection (unless their institution or state extends it to them)
  7. 7. Controlling Hate Speech withControlling Hate Speech with Speech CodesSpeech Codes  Speech codes areSpeech codes are written policieswritten policies banning certain kindsbanning certain kinds of oral and writtenof oral and written speechspeech  Found to be largelyFound to be largely unconstitutional atunconstitutional at Publics but PrivatesPublics but Privates are free to use themare free to use them
  8. 8. Faculty and Hate SpeechFaculty and Hate Speech  Inside vs. Outside ClassInside vs. Outside Class SpeechSpeech  Public vs. PrivatePublic vs. Private FreedomFreedom  Cases:Cases: – University of New MexicoUniversity of New Mexico – University of Texas-University of Texas- AustinAustin – Holy CrossHoly Cross – UCLAUCLA – University of ColoradoUniversity of Colorado
  9. 9. Technology & Hate CrimeTechnology & Hate Crime  Online CommunitiesOnline Communities (e.g., Facebook,(e.g., Facebook, MySpace)MySpace)  University of ColoradoUniversity of Colorado Football PlayerFootball Player  Loyola MuslimLoyola Muslim StudentStudent
  10. 10. Recommendations forRecommendations for AdministratorsAdministrators  Positive and continuousPositive and continuous anti-bias preventativeanti-bias preventative educationeducation  Free speech areasFree speech areas  Public, Limited Public,Public, Limited Public, Non-Public ForumsNon-Public Forums  Police trainingPolice training  College administratorsCollege administrators should interveneshould intervene authoritativelyauthoritatively
  11. 11. To the Loyola Community,   I want to make every one at Loyola aware of a recent incident that happened in a residence hall on our Lake Shore Campus and our response to it. Just before Thanksgiving break, a resident student found a note that was threatening and derogatory in a religious nature. The note was directed towards a Muslim student.   While this incident appears to be an isolated case, there may be other incidents of which the University is not aware. This is a good time to call your attention to the fact that as a Jesuit Catholic University, we will not tolerate incidents that are disrespectful or hurtful to anyone in our community or beyond. We take this issue extremely seriously and remain committed to creating a community of mutual respect for all regardless of gender, race, or religious affiliation.   Meetings were held on Monday, November 27, with all the students in the residence hall where the note was found to discuss the seriousness of the incident and provide students an opportunity for discussion.   Loyola University Campus Safety is working in partnership with the Chicago Police Department on the investigation to determine who wrote the note. At this time, no one has been identified.   I hope the outcome of this incident will be a time of reflection and renewed commitment to respect and caring for others.   R. P. Salmi, S.J. Vice President for Student Affairs (Email to Students: Tuesday, November 28, 2006)
  12. 12. ConclusionConclusion Without proper leadership from collegeWithout proper leadership from college administrators, issues of hate will continue toadministrators, issues of hate will continue to spark intensely emotional shouting matchesspark intensely emotional shouting matches rather than thoughtful dialoguerather than thoughtful dialogue
  13. 13. ReferencesReferences Austin Peay State University (2006). Free Speech Area Guidelines. Retrieved November 30, 2006 from Associated Press. (2005, December 11). Buffs player suspended for sending racist email. The Associated Press. Retrieved November 29, 2006, from Bloomquist, T. (2006, November 21). A Hateful Hoax: LUC Student Cleared of Charges. The Phoenix. Chicago, IL Beckham, J.C. (2000). Freedom of expression outside the classroom: The first amendment, student organizations and the public forum doctrine. Clearwater Beach, FL: 21st Annual Law & Higher Education Conference. E. Crim (personal communication, November 27, 2006) Epstein, D. (2006, June 15).The Many Faces of Facebook. Retrieved November 28, 2006, from Hatred in the hallways: Violence, and discrimination against lesbian, gay, bisexual, and transgender students in U.S. schools. (2001). Human Rights Watch: New York. Retrieved November 30, 2006, from O’neil, R.M. (1997). Free speech on the private campus. In O’neil’s Free speech in the college community (pp. 218-239). Bloomington, IN: Indiana University Press. Pavela, G. (2006, December 1). Only speech codes should be censored. The Chronicle of Higher Education. Washington, D.C. Responding to bigotry and intergroup strife on campus: Guide for college and university administrators (2006). Anti-Defamation League: Washington, D.C. Retrieved November 29, 2006, from
  14. 14. Questions?Questions?