OAR 137-065-0200: Services for Victims of Bias Crimes and Incidents

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.