Bias Incident Policy

There is no statute of limitations.An investigation can be opened at any time based on new evidence which becomes available. The University does not limit the time frame for reporting, although a delay in reporting may impact the University's ability to take certain actions.

If the alleged perpetrator is a known studentand the investigation identifies sufficient information of a bias incident, the target may have the following options:

• Restorative Mediation Process: If both the target (student, staff or faculty) and the alleged perpetrator (student) agree to the Restorative Mediation process, they will participate in facilitated conversation, possibly with representatives of affected communities (for example, members of a specific identity group, a residence hall community, or members of a student organization), to establish a plan for repairing damage to those affected and/or targeted by the bias incident. This process requires alleged perpetrators to acknowledge their part in the incident and accept restorative actions agreed upon by all parties. Note:The perceived severity and impact of the bias incident determine whether this option applies to particular cases. The dean of students or Human Resources will review the report to determine whether this option applies. For example, restorative mediation would not likely be available for bias incidents with significant property damage or any level of physical assault.
• Student Code of Conduct Process: Depending on the nature of the bias and the underlying alleged prohibited conduct, the process may include an Administrative Hearing or Community Conduct Board Hearing.
• No Discipline Action, Bias Reported: Targets may decide to report the incident and request that no further action be taken. Bucknell will evaluate any such request in the context of the University's responsibility to provide a safe and nondiscriminatory environment to all members of its community. In certain situations, the University may need to move forward with appropriate disciplinary proceedings regardless of the target's wishes.

Whether moving forward with a resolution process or not, the incident will be coded and reported in Bucknell's hate crime or bias incident statistics.

If the alleged perpetrator is knownfaculty or staff member and the investigation identifies sufficient information of a bias incident, disciplinary action will be taken consistent with appropriate faculty and staff policies and procedures.

Whether moving forward with an adjudication process or not, the incident will be coded and reported in Bucknell's hate crime or bias incident statistics.

If the alleged perpetrator isunknown, the target may have the following options:

• Request Further Investigation:The target can request an investigation, at which point the incident will be turned over to the appropriate University officials for further investigation. Investigators may include representatives from Human Resources, the Dean of Student's Office and/or the associate provost for diversity, equity & inclusion.
• No Action, Bias Reported: Bucknell is committed to keeping accurate records of all bias incidents, even when the perpetrator is unknown. As such, we encourage reporting of all incidents of bias, even if the perpetrator is unknown and unlikely to be known. Depending on the circumstances, the University may need to move forward with further investigation regardless of the target's wishes.

Once a report has been received, the dean of students or associate dean of students (for reports involving students) and/or a representative from Human Resources or (for reports involving staff or faculty) will contact you.

If the report contains information indicating a possible violation of Bucknell University's Sex Discrimination, Sexual Misconduct, Relationship Violence & Stalking Policy, it will be forwarded to Bucknell University's Title IX Coordinator for investigation and review. (Please see the Sex Discrimination, Sexual Misconduct, Relationship Violence & Stalking Policy for information on the procedures related to these cases.)

The investigation may include review of the report and any supporting documentation, examination of other relevant documentation and interviews with relevant individuals. The extent of the investigation will be determined by and at the discretion of the appropriate office listed on this page.

Possible outcomes of an investigation include:

• A finding that a bias incident occurred but that the individual responsible cannot be identified, with appropriate remedial measures
• A finding that a bias incident occurred and that responsible party can be identified, with the issuance of an appropriate sanction
• A finding that a bias incident did not occur.

Timely Warnings: When the Department of Public Safety identifies or receives a report of a hate crime, occurring either on or off campus, that in the judgment of the chief of Public Safety (in consultation with Human Resources, the dean of students and Office of General Counsel) constitutes a serious or continuing threat to the campus community, the Public Safety issues a campus-wide "timely warning."

Hate Crimes Reporting: In accordance with the Clery Act, the University will disclose statistics for Hate Crimes in its Annual Security & Fire Safety Report. These statistics will also be included in Bucknell's Bias Incident Reporting.

Anyone with knowledge about a bias incident on campus may report the incident using this bias incident report form. That includes faculty, staff and students, as well as parents, alumni and visitors to campus. It doesn't matter if you don't know who did it. Please report it.

Criminal homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property, where such crime manifests evidence that the target was intentionally selected because of the perpetrator's bias related to the target's actual or perceived race, gender, religion, sexual orientation, ethnicity, national origin, gender identity and/or disability.

Completed, attempted or threatened abusive or hostile acts against persons, property or an institution, where such acts manifest evidence that the target was intentionally selected on the basis of the target's actual or perceived age, class, color, disability, ethnic/regional/national origin group, gender, gender identity, gender expression, race, religion, sex or sexual orientation, including any hate crime.

A bias incident that has the purpose or effect of unreasonably interfering with a person's employment or education, or creating a hostile employment or educational environment and has no legitimate relationship to the subject matter of a course or academic research. In evaluating whether such an environment has been created, the University will consider the alleged conduct from both a subjective and objective perspective. Specifically, it will evaluate the alleged conduct from the perspective of a reasonable person in the alleged target's position, considering all the circumstances.