Oregon Department Of Justice Crime Victim And Survivor .
Oregon Department of JusticeCrime Victim and SurvivorServices DivisionCivil Rights & GrantsApril 1, 2013Updated August 20181
Whenever federal funding is involved, there isalways a civil rights requirement thataccompanies the funding Civil RightsObligationsWhen an agency accepts federal funding, itagrees to abide by certain federal civil rightslaws as a condition of receiving grant funds. 2
CVSSD GranteesCVSSD Grant Agreements: Compliance withLaws. Grantee shall comply with (and whenrequired cause its subgrantees to complywith) all applicable federal, state, and locallaws, regulations, executive orders andordinances related to expenditure of theGrant moneys and the activities financed withthe Grant moneys. 3
Federal Statutes Enforced by OCR Title VI of the Civil Rights Act of 1964 (race, color, nationalorigin) Program Statutes: VAWA, VOCA, Safe Streets Act (race,color, national origin, sex, religion, disability; plus for VAWA, sexualorientation, and gender identity) Section 504 of the Rehabilitation Act of 1973 (disability) Title II of the Americans with Disabilities Act of 1990(disability) Age Discrimination Act of 1975 (age) Title IX of the Education Amendments of 1972 (sex ineducational programs) 4
Two important termsRecipientBeneficiaryAn organization or agencythat receives federal financialassistance.The person who ultimatelyreceived federally fundedservices or benefits.Examples:Examples: State administratingagencies State & local courts Law enforcement agencies City and county departments Nonprofit agencies Faith-based organizations A victim of crime receivingCVC or VAP services A DV survivor in a fundedshelter The people of a communityserved by a funded lawenforcement agency 5
Title VI, Civil Rights Act of 1964Title VI ProtectionNo person in the United States shall,on the ground of race, color, ornational origin, be excluded fromparticipation in, be denied the benefitsof, or be subjected to discriminationunder any program or activityreceiving Federal financial assistance. 6
What does Program or Activity Mean? Program or Activity means all of the operations of anorganization receiving federal financial assistance. Examples:‐ If a state Department (DOJ) receives federal funding andsubawards the funding to local community basedorganizations (CBO), all of the operations of the stateDepartment are covered, along with the operations of theCBOs.‐ If a DV shelter receives federal funds and uses the funds tooperate particular programs, all of the activities of the shelterare covered, not just the federally-funded programs.‐ If a project of a city police department receives federal funds,the entire police department is covered, but not the otherdepartment in the city. 7
Title VI Prohibitions Providing different services toindividuals Denying the opportunity toparticipate as a member of aplanning or advisory body Selecting the location of afacility with the purpose oreffect of excluding individualsDefinition of Discrimination: The act ofdistinguishing one person or group of persons fromothers, either intentionally, by neglect, or by effect ofactions or lack of actions, based on their protected class. 8
OJP PROGRAM STATUTESOmnibus Crime Control and SafeStreets ActNo person in any State shall on the groundof race, color, religion, national origin, or sexbe excluded from participation in,be denied the benefits of,or be subjected to discrimination underor denied employment in connection withany programs or activityfunded in whole or in partwith funds made available under this chapter. 9
Victims of Crime ActNo person shall on the ground of race, color,religion, national origin, handicap, or sexbe excluded from participation in,denied the benefits of,subjected to discrimination under,or denied employment in connection with,any undertaking funded in whole or in partwith sums made available under this chapter. 10
Violence Against Women ActNo person in the United States shall, on the basis ofactual or perceived race, color, religion, nationalorigin, sex, gender identity, sexual orientation, ordisability, be excluded from participation in, bedenied the benefits of, or be subjected todiscrimination under any program or activity fundedin whole or in part with funds made available underthe Violence Against Women Act and any otherprogram or activity funded in whole or in part withfunds appropriated by the Office on ViolenceAgainst Women. 11
Violence Against Women ActEXCEPTION:If sex segregation or sex-specific programming isnecessary to the essential operation of a program,nothing in this paragraph shall prevent any suchprogram or activity from consideration of anindividual’s sex. In such circumstances, granteesmay meet the requirements of this paragraph byproviding comparable services to individuals whocannot be provided with the sex-segregated orsex-specific programming. 12
Protected ClassesRaceColorNational OriginSexual Orientation (VAWA)Gender Identity (VAWA)ReligionSexDisabilityAge 13
American IndianNative HawaiianorAlaska NativeBlackorAfricanAmericanor Other PacificHispanic/Latino isnot a race-it’s anethnicityIslanderWhiteAsian 14
Color DiscriminationPreferences for oraversion to persons ofdifferent skin colors,regardless of whetherthe individual is in thesame racial ornational origin group 15
National Originlanguagecharacteristicsancestors’ place of ristics 16
National Origin DiscriminationIncludes discrimination on the basisof Limited English Proficiency (LEP).A Limited English Proficient (LEP)person has a first language otherthan English and a limited ability toread, speak, or understand English. 17
Language Access – Legal SidebarTitle VI of Civil Rights Actof 1964“No person in the United Statesshall, on the ground of race,color or national origin, beexcluded from participation in,be denied the benefits of, or besubjected to discriminationunder any program or activityreceiving federal financialassistance.”Section 601 of Title VI, 42 U.S.C. sec.2000dImplementation of Title VI The U.S. Supreme Court statedthat one type of national origindiscrimination is discriminationbased on a person’s inability tospeak, read, write or understandEnglish. (Lau v. Nichols (1974)) President Clinton signedExecutive Order 13166 in Aug.2000: "Improving Access toServices for Persons with LimitedEnglish Proficiency.” (“ EachFederal agency shall prepare aplan to improve access to itsfederally conducted programsand activities by eligible LEPpersons”) 18
To avoid discriminationagainst LEP persons,recipients must Take reasonable steps to ensure meaningfulaccess to the programs, services, and informationthe recipients provide, free of charge. Establish and implement policies and proceduresfor language assistance services that provide LEPpersons with meaningful access. 19
“Meaningful access” is defined in the USDepartment of Justice’s own LanguageAccess Plan as “Language assistance thatresults in accurate, timely, and effectivecommunication at no cost to the LEPindividual. For LEP individuals, meaningfulaccess denotes access that is notsignificantly restricted, delayed or inferioras compared to programs or activitiesprovided to English proficient individuals.” 20
What are “Reasonable Steps?”Cost As A Burden? - NORemarks from Assistant Attorney General from Meetingof Federal Interagency Working Group on LEP in 2009:“I want to point out 2 key areas of guidance thatapplies across all agencies and recipients: First, as time goes on, the bar of reasonableness isbeing raised. The need to show progress in providingall LEP persons with meaningful access increases overtime The second cross-cutting point is that, even in tougheconomic times, assertions of lack of resources will notprovide carte blanche for failure to provide languageaccess. Language access is essential and is not to betreated as a “frill” when determining what to cut in a 2budget ”222
How does this apply?OJP Programs and Servicesare “federally conductedactivities” and are subject toEO 13166 Grant processes Communications to thepublic Programs and services forthe public Publications for the public Conferences and forums Training and technicalassistanceOJP grant recipients are“federal financial recipients”and are subject to Title VI andEO 13166 Awardee publications andbrochures Awardee hotlines Awardee websites and socialmedia Awardee conferences,training, technicalassistance, and publicengagements 22
What are reasonable steps?Four Factor Analysis The number or proportion of LEP persons servedor encountered in the eligible service population. The frequency with which LEP individuals come incontact with the program. The nature and importance of the program,activity, or service provided by the program. The resources available to the recipient. 23
What Are Language Services?ProvideorallanguageservicesInsure Interpreter CompetencyUsually family members, friends, anduncertified co-workers are notappropriate.andProvidetranslationof writtenmaterialsSafe Harbor ProvisionIf 5% or 1,000 (whichever is less) ofpopulation is LEP, vital documents mustbe translated. If 5% represents fewer than50, then written notice of free writtentranslation must be provided upon request. 24
Vital Documents Applications to participate Complaint and Intake forms Written notices of rights Award or denial notices Content on websitehttp.//go.usa.gov/ELx 25
Language Services Notice Translated Notices Telephone Messages Outreach Materials Website, Social Media Non-English Mediahttp://go.usa.gov/fhK 26
Components of a Language Access Plan A process for identifying LEP persons whoneed language assistance Information about the available languageassistance resources Monitoring and updating the LEP policy Notification and outreach to LEP persons Training for staff Implementing the Plan 27
Best Practices Written PoliciesStaff Recruitment & TrainingBoard Recruitment & TrainingVolunteer Recruitment & TrainingCommunity Education & OutreachIdentify ResourcesResourceswww.lep.govhttp://go.usa.gov
What is a Religion?All aspects of religious observance, practice and belief are JudaismMormonismCatholicism 29
When Faith Based OrganizationsProvide Services to BeneficiariesDOJ Regulations state that: FBOs must not use Federal funding toadvance inherently religious activities; and FBOs may not discriminate againstbeneficiaries based on religion or religiousbelief. 30
Are these practices acceptable? An atheist participant in a life skills training programrun by a FBO receiving Federal funds is required toparticipate in an opening prayer before receiving theskills training. A woman seeking services at a shelter is not allowedto pray her rosary in her room. 31
NO! The prayer is an impermissible requirement toparticipate in religious exercises or programwith faith content. Not allowing the woman to pray privatelywould be denial of access to religious services,pastoral counselor, special dietary needs, oritems of a person’s faith. BOTH practices are unacceptable. 32
Sex Discrimination Can OccurBetween 33
Disability Section 504 of the Rehabilitation Act of 1973 prohibitsdiscrimination on the basis of disability in recipients of Federalfunding. Americans with Disabilities Act of 1990 prohibitsdiscrimination on the basis of disability and applies to publicand private entities whether or not they receive Federalfunding. ADA Amendment Act of 2008; an act to “restore the intentand protections of the ADA of 1990.” Congress found that thedefinition of handicapped individual had not been interpretedconsistently with Section 504. 34
Who is in the “Disability” Class?A person who: Has a physical or mental impairment whichsubstantially limits one or more major life activities, Has a record of such an impairment, or Is regarded as having such an impairment. 35
Disability Discrimination Analysis ADA requires recipients to provide reasonableaccommodations to the known physical or mentallimitations of an otherwise qualified individual with adisability unless it can demonstrate it would be anundue hardship. Every case requires individualized analysis –individuals with disabilities are not a homogenousgroup even those with the same disability. 36
Section 504 of the Rehabilitation Act of 1973Requires a recipient with 50 or more employees &receiving Federal financial assistance from DOJ of 25,000 or more to: Designate a Section 504 compliance coordinator; Adopt grievance procedures; and Notify program participants, beneficiaries applicants,employees, unions, and organizations with collectivebargaining agreements, that recipient does notdiscriminate on the basis of disability. 37
Is this an acceptable policy? A shelter receives OJP funds & has a blanket policythat residents cannot be taking psychotropicmedication while staying in shelter. Is thisacceptable? NO! The shelter has discriminated against personswho may have a mental disability that may becontrolled by medication. It needs to individuallyassess potential residents. 38
Age The Age Discrimination Act prohibitsfederally funded organizations fromdiscriminating against persons of any agein its programs and activities The Age Discrimination Act does not coverdiscrimination in employmentBut the EEOC enforces the AgeDiscrimination in EmploymentAct, which prohibits employmentdiscrimination against personsover the age of 40 39
The statutes that OCR enforces prohibitdiscrimination in:DeliveryofServicesEmploymentPractices(except tationraceVAWAcoloragegenderidentity 40
Let’s Take a Closer Lookat Discrimination in theDelivery of WAnationaloriginreligionsexdisability age 41
Preliminary Questions Is the funding for the programsubject to Federal civil rightsrequirements? Does the delivery of servicesinvolve a protected class? Is the Protected Class receivingunequal treatment? 42
Discrimination in Delivery of Services? A funded DV clinic has a blanket policy of onlyproviding services to female victims ofdomestic violence, and not male victims. A culturally-based sexual assault servicesprogram that is primarily designed to provideservices to Hispanic individuals turns away anon-Hispanic individual seeking services. 43
Let’s Take a CloserLook atDiscriminationin lity age 44
Federal Statutes Enforced by EEOC Age Discrimination in Employment Act of 1967 (ADEA) Title VII of the Civil Rights Act of 1964 Equal Pay Act of 1963 Title I and Title V of the Americans with Disabilities Actof 1990 Sections 501 and 505 of the Rehabilitation act of 1973 Civil Rights Act of 1991 45
Forms ofEmploymentDiscrimination Disparate Treatment Adverse Impact Harassment Failure to Accommodate Retaliation 46
Disparate Treatment Is . . .When an employer deliberately takes anadverse action against an employee based onrace, color, sex, national origin, religion, ordisability. 47
How Do You ProveIntentional Discrimination? Direct Evidence Indirect Evidence– similarly situated people of a different classwere treated differently than the complainant– evidence of bias– false explanation for the differential treatment– statistical evidence 48
What is Adverse Impact?When an employer has aneutral policy or practicewhich has the effect ofexcluding employees of aparticular race, color, sex,national origin, religion, ordisability. 49
What is Harassment?Behavior whichcommentscreates a “hostileinnuendowork environment”for individualsjokesbehaviorbecause of theirrace, sex, color,gesturesnational origin,graffitireligion, or disability.touchingslurspictures 50
What Makes a Work EnvironmentHostile?a stray remarkis not enough!The harassment must be“sufficiently severe or pervasive” toalter the terms and conditions ofemployment. 51
Six Factors Can Show Severity orPervasivenessUse areasonableperson standard! Was the conduct verbal or physical or both? How frequently was the conduct repeated? Was the conduct hostile or merely offensive? Was the harasser a co-worker or supervisor? Did others join in the harassment? Was the harassment directed at more thanone individual? 52
What Can an Employer Do AboutUnlawful tion 53
AccommodationReligionandDisability An employer must make a reasonableaccommodation to the known physical ormental limitations of a qualified applicant oremployee with a disability An employer must make a reasonableaccommodation to the known religious beliefsor practices of an applicant or employeeunless undue hardship 54
RetaliationFederal laws bar retaliationagainst a person for: Bringing a discriminationclaim, Participating in theinvestigation of adiscrimination claim, or Opposing discriminatorypractices.A retaliation claim maystand on its own: regardless of the meritsof the underlyingdiscrimination claim, even if the underlyingdiscrimination claim fails. 55
What is an EEOP?Equal Employment Opportunity Plan (EEOP) is acomprehensive document which analyzes: An agency’s workforce in comparison to its relevantlabor market data All agency employment practices to determine theirimpact on the basis of race, sex, or national origin.A tool used to identify possible problem areaswhere discrimination may be occurring. 56
Does an agency need to prepare anEEOP?Depends on: Funding (e.g., VOCA or VAWA) Status of Organization ( e.g., nonprofit) Amount of single award Number of employees(see handout chart and Exhibit D) 57
OJP’s Civil Rights Enforcement Complaints Compliance Reviews Findings of Discrimination EEOPs (Equal Employment Opportunity Plans) 58
The Complaint ProcessComplaintJurisdictional DeterminationOn Site InvestigationDesk AuditPreliminary DeterminationPreliminary DeterminationRecommendationsfor ComplianceRecommendationsfor ementFinding 59
Findings of DiscriminationEEOCFindingFederal CourtJudgmentHuman RightsCommissionFindingState CourtJudgmentSubmit toOCR & nt 60
Some Useful Resources https://ojp.gov/about/ocr/ (Civil Rights online training; LEPguidance and self-assessment; instructions, Q&A, andsamples for EEOP; complaint Q&A and filing tips; informationin Spanish, Chinese and Vietnamese) www.bcm.edu/crowd/ (Baylor disability rights) www.lep.gov (Tips and tools for serving LEP persons) www.dol.gov/dol/topic/discrimination/index.htm (Employeeprotections) http://www.thetaskforce.org/reports and research/trans homeless (Resource for making shelter safe for transgenderedpeople) olsresources.php (Language Access Resources)
Department of Justice’s own Language Access Plan as “Language assistance that results in accurate, timely, and effective communication at no cost to the LEP individual. For LEP individuals, meaningful access denotes access that is not significantly restricted, delayed or inferior as compared to programs or activities
AQA A LEVEL SOCIOLOGY BOOK TWO Topic 1 Functionalist, strain and subcultural theories 1 Topic 2 Interactionism and labelling theory 11 Topic 3 Class, power and crime 20 Topic 4 Realist theories of crime 31 Topic 5 Gender, crime and justice 39 Topic 6 Ethnicity, crime and justice 50 Topic 7 Crime and the media 59 Topic 8 Globalisation, green crime, human rights & state crime 70
Index Crime Clock t City of McAllen 2018 14 Crime Facts at a Glance t City of McAllen 2018 15 CHAPTER TWO: UCR INDEX CRIME ANALYSIS 16 Index Crime Summary: Murder and Non -Negligent Manslaughter . 2016 135,667 138,659 141,716 144,841 148,034 2012 2013 2014. Crime Trends & Analysis: Crime Volume vs Crime Rate CRIME VOLUME
Mr.Justice Sh.Riaz Ahmed, HCJ Mr.Justice Munir A.Sheikh Mr.Justice Iftikhar Muhammad Chaudhry Mr.Justice Qazi Muhammad Farooq Mr.Justice Mian Muhammad Ajmal Mr.Justice Syed Deedar Hussain Shah Mr.Justice Hamid Ali Mirza Mr.Justice Abdul Hameed Dogar Mr.Justice Muhammad Nawaz Abbasi CONSTITUTION PETITION NO.15 OF 2002
Crime Scene is the area where the original crime occurred. The Secondary Crime Scene comprises of the subsequent crime scenes. The Size of the crime scene can further be classified as Macroscopic and Microscopic. While Microscopic focuses on specific type of physical evidence at the crime scene, Macroscopic refers to one particular crime .
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§ Property crime rates have fallen to half the level of a quarter century ago. Crime in America: Two Sources of Data The Uniform Crime Reports (UCR) and National Crime Victimization Survey (NCVS) both measure the level of violent crime nationally. However, each source uses a different methodology and provides a different story of crime in America.
Section 4 talks about the overall nature of crime, distinguishing "violent crime" as a group of crimes from other broad groups of crime, and discussing the contribution of violent crime to overall levels of reported crime, and the contribution of various types of violent offences to overall levels of violent crime. A number of related .
