Bias Incident Reports

Incident: The name of a known white supremacist group ("KKK") was scratched in 3 locations on the rocks behind Sanders Classroom Building (top of commencement hill). Safety and Security were notified of this report at around 9:45 pm, June 21,  and with Facilities Operations removed the racist writing at around 10:00 pm the same night.  The Vassar Bias Incident Response Team has reviewed this and deemed it a bias incident, violation of college regulations, and state law.

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 scratching of a known racist/homophobic/antisemitic organization’s name on our campus is not protected speech/expression. 
2. We addressed the question as to whether or not the behavior violated state law and/or considered a hate crime? Yes. Is it a potential violation of college policy? Yes, if the behavior was conducted by a Vassar College student, even though it was written outdoors.

For Student Conduct to consider

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

SECTION 26: Vandalism 

26.01 Damaging college or personal property in a reckless or intentional manner.

26.03 Using paint, chalk, or any other marker on the grounds and buildings of the college unless approved by the campus activities office.

3. Is this a bias incident?

The comments do appear to be in support of the KKK, a racist/homophobic/antisemitic organization. We are confident that a number of people would experience this name as harmful and targeted.

Part of our conversation centered around the speech being used being bias in nature, given the historical and present-day context of the KKK as a hate group. Students and community members expressed concern about the presence of the group on campus and their access to campus.

Follow up:

1. Convening BIRT
2. The statement issued to campus to notify of a bias incident on June 22nd.
3. Security increased attention to the outdoor area near Commencement Hill on campus during that time.
4. Vassar shared the incident with other Town of Poughkeepsie colleges.
5. Convened the Education and Support portion of BIRT to discuss other ideas. 

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. 

Incident: Two stickers (a. "it's ok to be white" and b. a round smiley face sticker of Hitler were found in proximity to one another outside of Blodgett and Baldwin. Reported to security at around the same time and removed.

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:

On April 14, 2019 a student reported a rope/noose hanging from a tree.

After some investigation from Campus Safety it was discovered that:

Key questions:

1. Would this be considered protected speech? Depending on the context. As is yes. The use of twine/rope in public is allowed for a variety of reasons. If the behavior were meant to intimidate then it would not be. We understand that for the reporting student, the rope, as it was found on the tree, caused alarm.

2. We addressed the question as to whether or not the behavior violated state law and/or considered a hate crime. Given the limited information, it did not. Same for college policy.

3. Is this a bias incident? We all agreed that given the limited information at the time, that we could not call this a bias incident as we could not determine if the behavior was "targeted towards an individual or group based on perceived or actual characteristics.” This is not to minimize the concern of the student and its impact. It does highly demonstrate the limited information that we have on the intention of the behavior.

Outcomes:

– Support provided to reporting community member.

– Removed rope

– Investigated by Campus Safety in collaboration with Facilities.

Note: BIRT log entries may be updated and amended as additional information emerges.

During the afternoon of Monday, March 4,  a poster containing an anti-Semitic/incendiary propaganda was identified in the fax/printer of an academic department.

Campus Safety was able to identify an individual believed to be responsible for the anti-semitic fax.  The individual is not affiliated with VC and does not live in the immediate vicinity. We are working to obtain supporting evidence.