University Student Handbook

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Hate Crimes

North Dakota Century Code § 12.1-14-04 criminalizes injuring, intimidating or intentionally interfering with a person’s “full and equal enjoyment” of a public place because of that person’s sex, race, color, religion or national origin.

Whether you have the potential of being the victim of a hate crime or of giving support to someone who has been a victim, the University is committed to educating all students about procedures for reporting offenses, the laws, and penalties related to them, available resources, and steps to prevent discriminatory behavior within the UJ community.

Definition of Hate Crimes

As found with the Century Code § 12.1-14-04 of the North Dakota State Law, hate crimes are those crimes where victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them.

Reporting Hate Crimes

It is important to remember that the reporting of hate crimes provides the University and the community with the opportunity to identify the person responsible and address the factors that might prevent such an occurrence in the future. UJ provides support through attainment of medical, psychological, investigative, and other support services to assist victims of hate crimes in dealing with the inevitable repercussions of such a traumatic event. In addition, the victim may receive assistance in changing their on-campus living and academic situations after an alleged hate crime incident, if such changes are reasonable and available. The University also provides for the use of a “safe room,” if available, for short periods of time whenever a victim needs or wishes to be relocated immediately from the residence hall room.

Pursuing Judicial and/or Criminal Action

In addition to seeking medical assistance and emotional support, you have the right to choose to pursue criminal action and, in the case of an on-campus incident, to provide the University with information to pursue judicial action. The decision to pursue judicial action in no way restricts you from also filing criminal charges, and vice versa.

On-Campus Incidents

The Office of the Dean (x5444) investigates reported hate crimes that occur on the UJ campus. The Dean or appointed designee will discuss with you your rights, options and the procedures involved in pursuing criminal charges. Incidents that are classified as felonies are usually investigated jointly with the Jamestown Police Department the Stutsman County District Attorney’s Office.

Alleged violations of the UJ Student Conduct Code will be referred to the Office of Student Affairs (x5444) or designee. This office or designee will take judicial action against any student involved in an act that threatens the safety and welfare of another individual. Judicial action is pursued according to the procedures outlined in the student conduct code.

The possible sanctions that can be imposed as a result of determination of responsibility in a case of a hate crime follow the same range of sanctions available for any policy violation at UJ. The University reserves the right to summarily remove a student from University housing or from the University campus pending a judicial investigation when such action is necessary to ensure the protection and welfare of the University community.

Preventing Discriminatory Behavior

UJ offers the following recommendations to help prevent discriminatory behavior within the campus community:

  1. Intervene to let others know that you will not tolerate ethnic jokes, racial or religious slurs, or any other action that demeans any person or group.
  2. Celebrate your own cultural and religious heritage.
  3. Educate yourself about the rich cultural diversity in our community.
  4. Be a model of language and behavior that are non-biased and inclusive of all persons, regardless of who they are.
  5. Participate in culturally diverse programs offered within the campus community.
  6. Be proactive in your home, at work, and in your community to combat all discriminatory behavior.
  7. Have open discussions on controversial subject matters as they relate to the various forms of bigotry, prejudice, and discrimination that exist in society.
  8. Join clubs or organizations to become better informed and to help reduce discriminatory behavior.