1.4 Bias-Related Incident Protocol

The University will respond to all bias-related incident reports in a timely and effective manner consistent with this Policy. 

  1. All Reporting Contacts who receive a bias-related incident report will immediately share all known information with the Director of the Office of Equal Opportunity and Title IX, or designee. 
  2. If a hate crime is being reported, the Reporting Party will have the option to file a criminal report with the St. Louis Metropolitan Police Department, or appropriate jurisdiction. Declining to notify the St. Louis Metropolitan Police Department, or other appropriate jurisdiction, at the time of the initial report does not preclude the Reporting Party from filing a criminal report at a later date provided the conduct is within Missouri’s applicable statute of limitations. 
  3. The Director of the Office of Equal Opportunity & Title IX, or designee, will provide to the Reporting Party information describing available resources, remedial and protective measures, and reporting options, including, but not limited to, pastoral care, academic assistance, alternative housing, or a “no contact” order from the University. 
  4. The Director of the Office of Equal Opportunity & Title IX, or designee, will document on the Bias Incident Report Log that a bias-related incident report has been received and notify appropriate University officials. When possible, the Director of the Office of Equal Opportunity & Title IX, or designee, will limit the information provided to University officials by taking the Reporting Party’s preferences into consideration (consistent with the section on Privacy and Confidentiality). 
  5. The Office of Equal Opportunity and Title IX (EOTIX), upon receiving a bias-related incident report, will conduct an initial review and may authorize an investigation.  EOTIX may also dismiss a report, in whole or in part, if the contents of the report do not fall within the scope of the Policy.  EOTIX will communicate this initial disposition to the Reporting Party, and the Director of the Office of Equal Opportunity & Title IX, or designee, will update the Bias Incident Report Log.  The Director of Equal Opportunity & Title IX, or designee, will also alert the BIRT in writing as to the nature of the complaint.   
  6. In situations where a formal investigation is authorized, the Director of the Office of Equal Opportunity & Title IX, or designee, will assign a trained investigator to conduct a prompt, thorough and impartial investigation, consistent with the investigation procedures discussed in the University’s Harassment Policy. The investigator will determine the relevance of any available information.  The investigator will not consider statements of personal opinion, rather than direct observations or reasonable inferences from the facts, or statements as to any party’s general reputation for any character trait, including honesty. At the conclusion of the investigation, the investigator will prepare and provide to the BIRT a written report of the incident.  The investigator’s report indicates whether information is sufficient to substantiate a charge of bias. The report will make no other recommendations with respect to other potential violations of University policy or Community Standards. 
  7. In determining whether or not this Policy has been violated, the investigator will apply the preponderance of the evidence standard (more likely than not). 
  8. Upon receipt of the investigator’s report, the Bias Incident Response Team (BIRT) will administer disposition of the report in one of the following ways: 
    1. If it is determined that sufficient information exists to support a report of bias, hate or intolerance has likely occurred, the case is forwarded to the appropriate governance or administrative arm of the University for appropriate disposition and/or sanction. For student cases, this would be the Office of Student Responsibility and Community Standards. For staff cases, this would be Human Resources.  For faculty cases, this would be the Provost Office. Both the Reporting Party and Accused Party will be notified of completion and disposition of the investigation of the bias-related incident report.  
    2. If the BIRT determines that the allegations to persons or property merit consideration for Restorative Justice, it will be offered as an option to the Reporting Party as a reparative mechanism.
    3. If, upon completion of the investigation, there is not sufficient information to support a report of bias, hate, or intolerance, the process ends and the parties are notified. 
    4. Alternatively, if upon completion of the investigation, there is not sufficient information at the time for further disposition or action, the process ends and the parties are notified. 
  9. The Director of the Office of Equal Opportunity & Title IX, or designee, will update the Bias Incident Report Log to reflect the fact that a BIRT review of the investigation is complete and the appropriate disposition of the report, if any, has been determined.