Bias Incident Reports

Incident: On April 3rd, a Zoom-bombing occurred during Shabbat service. Two unknown people joined the Zoom call. One said "Don't steal my foreskin!" and another said "Why don't you just suck on the cock already", and the other one posted a picture of men kissing and said something homophobic.

Three essential questions:

1. Is this protected speech/expression?
2. Is there a potential violation of college policy or state law?
3. Is this a bias incident?

Summary of Conversation:

1. Would this be considered a protected speech/expression?
   The disruption to the service is not covered under free speech. The statements made by the two people, “Don’t steal my foreskin!” and “Why don’t you just suck on the cock already” are protected speech. The picture posted of men kissing is protected speech. The homophobic statement reported is not described and cannot be recalled by attendees, so it cannot be concluded whether it would be considered protected speech/expression.
2. We addressed the question as to whether or not the behavior violated state law and/or considered a hate crime? No. Is it a potential violation of college policy?
   Yes, if the behavior was conducted by a Vassar College student, even though it happened via Zoom, it can be addressed via our student conduct process.

For Student Conduct to consider

SECTION 5.02 Discriminatory Harassment: Engaging in unwelcome conduct directed toward an individual based on the individual’s actual or perceived race, color, religion or religious belief, citizenship status, sex, marital status, disability, pregnancy, sexual orientation, gender identity or expression, national origin, military service or affiliation, genetic information, or age, that is so severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with an individual’s employment or educational performance or creating an intimidating, hostile, offensive, or abusive environment for that individual’s employment, education, living environment, or participation in a college activity.

SECTION 6: Disruptive Conduct 6.01 Substantially interfering with the living, learning, or working environment of another individual.

3. Is this a bias incident?

The comments do appear to be targeting the Jewish community and LGBTQ community.  The targeted, unwelcome interruption and phrases used are problematic. The photo displayed is not problematic as a stand alone artifact, but in conjunction with the targeted comments are problematic. We are confident that a number of people would experience the language used as hateful.

Part of our conversation centered around the speech being used not being bias, but at that time and place it was. Given that the incident occured on a Zoom call specifically for Shabbat service, where the attendees gathered for a specific faith-based reason and therefore could recognize the chant to mean something negatively targeted towards their identities as Jewish and/or LGBTQ. Despite intent, the impact on the attendees was clear by debrief conversations that day and afterwards. 

Follow up:

1. CIS is aware that these issues may arise and currently provides guidance specific to our Vassar College users, located in our Service Desk at this link:  https://servicedesk.vassar.edu/solutions/890028-best-practices-securing-your-zoom-meeting-or-online-class.portal
2. Notice sent to student Student Growth & Engagement personnel to be aware of the incident and implement safety measures as recommended by CIS for all Zoom calls.
3. Convening BIRT
4. Convene- the Education and Support portion of BIRT to discuss other ideas.