The Bias Response Team
The bias response and support team is coordinated through the Office of the Chief Diversity Officer and includes representatives from Human Resources, Diversity and Inclusion, Academic Affairs and Student Affairs. These individuals are often key resources in resolving a range of concerns and have experience in trauma-informed practices.
The team is a coordinating body and draws upon existing University resources to address reported concerns. The response team does not have purview over the creation of new policies or rules; rather, it works within existing University rules and policies and may recommend new policies or practices to the leadership of the University for appropriate consideration, review and/or implementation. In addition, the response team consults with individuals or departments that may be brought in to assist on matters raised through this reporting process.
The Bias Response and Support team is currently comprised of :
- Tanhena Pacheco Dunn- Chief Diversity Officer
- Nico Martinez-Olivera, LGBTQ+ Coordinator
- Dr. Gweneth Lloyd, Director of Psychological Counsel Center (Student Affairs)
- Kathleen Leiblich, Assistant Vice President for Student Wellbeing
- Laurel M. Garrick Duhaney, Associate Provost (Academic Affairs)
- Deb Gould, Assistant Provost (Academic Affairs)
What Is Bias?
Bias is defined as prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair or to cause to feel or show inclination or prejudice for or against someone or something.
‘Bias related’ experiences refers to language and/or behaviors which demonstrate bias against or in favor of persons because of, but not limited to, actual or perceived: race, ethnicity, national origin, religion, creed, age, gender, gender identity, gender expression, sexual orientation, body size, disability, marital status, predisposing genetic characteristics, veteran status, ex-offender status and/or socioeconomic status, shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity.
Unwelcomed conduct based on shared ancestry or ethnic characteristics that, based on the totality of circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity. Harassing conduct can be verbal or physical and need not be directed at a particular individual.
Reporting or Seeking Support
If you experience an incident of bias on or off campus, you can notify the bias response network using our Bias Reporting Form.
The University takes all reports seriously and we while we respect that some who report wish to remain anonymous or request that no action be taken, the University is obligated to document its efforts to take immediate and effective action to respond to harassment that creates a hostile environment and to provide due process to both those who report and those accused of bias related harassment or discrimination. In sum, while the University will endeavor to honor requests for anonymity, it cannot guarantee your anonymity in the process.
Note: reports that fall under Title IX including sex-based harassment, sex-based discrimination, sexual assault, and gender expression, gender identity, as well as domestic and interpersonal violence should be reported through the Title IX reporting process as explained here.
What happens once I submit my report?
- Once electronically submitted, you will receive a confirmation of submission and the report will be reviewed to determine the person(s) who would be best positioned to address the concern reported. Each report involves different facts and therefore may result in different outcomes or resolutions.
- The Bias Response team will serve as points of contact, connecting the reporting individual with the individual(s) who will help open a line of inquiry or investigation. The individual(s) assigned to the response will provide a report to the Bias Response Team that documents the steps taken and any assessment or recommendations resulting from the inquiry or investigation.
- The Bias Response Team will also review reports for trends or patterns and make recommendations to appropriate campus leaders about follow-up, services, educational or intervention measures that may be helpful in addressing reported matters. Where required the University would report to state or other external constituencies.
- The Bias Response process will conclude with communication to both the reporting individual and responding party about final disposition of the case. Disposition of a case may include educational programing, policy reform, and/or disciplinary action under campus policies, regulations or collective bargaining agreements.
- We acknowledge and respect that when bias is perpetrated, emotional and physical harm occurs. To the degree possible, we balance and inform our response to these matters through the lens of the individual(s) impacted. We will respect the individual’s perspective and where possible honor their choices in identifying appropriate redress and scope of support measures.
- We understand that there may be hesitation to report bias while under the supervision of an individual to whom you are reporting or while still a student in a class or program where bias has occurred. We will work with reporting individuals on the best course of action for their specific experience while balancing the University’s obligation to provide timely and effective redress.
Free Speech and the University
As a public university we are bound by law to uphold state and federal constitutional rights, including free speech, for all students and employees. Free Speech is the cornerstone of the “marketplace of ideas” and diversity of experience, background and thought is needed for the academy to engage in inquiry, innovation, and development of an informed citizenry. That said, universities also have an obligation to create a safe, inclusive learning environment for all members of the campus community.
Courts in the United States have found that expression generally cannot be punished based on its content or viewpoint alone. Any expression that constitutes a true threat, incitement to imminent lawless action, discriminatory harassment or hostile learning or working environment requires the university to engage in a timely process of investigation and to take steps that will appropriately support those impacted by bias and to end the harassing behavior.
Offensive or Hate Speech may be harmful AND protected under the law.
Hate speech may be offensive and hurtful, though it is generally protected by the First Amendment.” One common definition of hate speech is “any form of expression through which speakers intend to vilify, humiliate or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identity, gender identity, ethnicity, disability or national origin.
The University recognizes that offensive speech can be painful to members of our community, and where offensive or hate speech must be allowed by law, it does not constitute the University’s acceptance or an endorsement of offensive viewpoints that run counter to our values of diversity, equity, and inclusion.
Are there exceptions to free speech?
Yes. The University can regulate the content of speech if the speech falls within one of the very narrow First Amendment exceptions. This may include speech that explicitly expresses intent to cause immediate bodily harm or to incite of illegal activity. Other examples include targeted threats and severe, pervasive and offensive harassment.
New Paltz may also impose “time, place and manner” limitations on speech within the campus grounds – this might include a restriction that affects where a speech be held, but not the speech itself.
When does speech become harassment?
Generally, for speech to rise to the level of harassment it must meet the following:
- Targeted at a student or group of students.
- Be repeated and pervasive; and
- be threatening and interfering with an individual’s work or education.
What if I don’t agree with the expressed viewpoint? Can I shout a speaker down or protest?
Freedom of expression also gives individuals the right to oppose the opinions of others — so long as it is done in such a way that it doesn’t limit the speaker or interfere with University operations. The University has a legal obligation under the First Amendment to protect speakers from disruption or interference.
The University supports the right to peacefully assemble and protest, but there must be a sense of order on campus where discourse remains civil, non-threatening and does not disrupt the thousands who come to campus each day to study and work.
Additional Information on Free Speech, Offensive Speech, Shared Ancestry.
https://www.freedomforum.org/free-speech-on-college-campuses/
FIRE Limit to Free Speech https://youtu.be/rpcuPq82g-M
FIRE Offensive Speech on Campus https://youtu.be/FIwvX78IYts
OCR resources Shared Ancestry https://www2.ed.gov/about/offices/list/ocr/sharedancestry.html
