Current through Register Vol. 63, No. 9, September 1, 2024
A Bias incident means a hostile expression of animus toward
another person, their family, property, and/or pet, relating to the other
person's actual or perceived race, color, national origin, sexual orientation,
gender identity, disability, and/or religion of which criminal investigation or
prosecution is impossible or inappropriate.
(1) "Hostile expression of animus" means a
person's act, process, or instance of:
(a)
Representing or conveying
(b)
Deep-seated ill will, antagonism, or hostility, even if controlled;
(c) In actions, words, or some other medium;
and
(d) Toward another group,
community, person, their family, property, or pet.
(2) Safety planning" means assisting in the
creation of a personalized, individual plan to:
(a) Address specific safety concerns
resulting from the hate or bias activity;
(b) Manage risk factors of reencountering
hate or bias activity (e.g.- avoiding locations that make the victim feel
unsafe; using different routes to work, school, or home; traveling with a
friend; traveling during times of day that would help the victim feel
safer);
(c) Identify natural,
personal, or community support resources (friends, family, neighbors, community
organization);
(d) Collaborate with
the victim to establish actions and options to increase safety and well-being;
and
(e) Utilize community support
that is culturally- and/or population-specific and/or culturally- and/or
population-appropriate/responsive.
(3) "Trauma-informed practices" are those
which promote a culture of safety, empowerment, and healing. Such practices
include but are not limited to:
(a)
Recognizing how widespread trauma is;
(b) Recognizing the impact of trauma can be
both emotional and physiological;
(c) Understanding that every person may have
experienced serious trauma; and
(d)
Assuming a person may have a history of trauma and actively working to avoid
re-traumatization (i.e. avoid creating an environment that inadvertently
reminds the survivor of their traumatic experiences and causes them to
experience emotional and physiological stress).
(4) Local Qualifying Victims Services program
means:
(a) A community based or non-profit
organization;
(b) With a history of
fostering a safe and welcoming community;
(c) Whose work includes, in whole or in part,
supporting victims of hate and bias activity;
(d) Whose employee and volunteer advocates
have either received 40+ hours of training in anti-bias, anti-racism, and
anti-oppression advocacy response or have received certification from Oregon
Department of Justice Hate Crimes and Bias Response Program; or
(e) A government program;
(f) That commits to fostering a safe and
welcoming community including prominently displaying inclusive and welcoming
signage;
(g) Whose agency is
trained and centered in equity, trauma-informed practices, and promoting client
safety; and
(h) Whose employee and
volunteer advocates have either received 40+ hours of training in anti-bias,
anti-racism, and anti-oppression advocacy response or have received
certification from Oregon Department of Justice Bias Response Hotline in
anti-bias advocacy.
(5)
The provisions of these rules shall apply retroactively to November 17, 2020,
the date the temporary rules expired.
Statutory/Other Authority: ORS
147.380 & Senate Bill 577
Statutes/Other Implemented: ORS
166.155,
ORS
137.678 & ORS
181A.225
