Department of Public Safety


 

BIAS CRIME POLICY AND PROCEDURE
According to Title Y, Hate Crimes Act of 2000, Article 485 of the New York State Penal Law, New York State legislature has defined a hate crime as one in which the victim is intentionally selected, in whole or in part, because of "race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation."

The Campus recognizes the seriousness of bias crimes and is committed to providing an educational atmosphere free of such incidents. Policies and procedures have been established to inform students about the topic, promote discussion, encourage reporting of incidents of bias related crime, and facilitate prevention of such incidents.  Students are advised and updated about security procedures periodically throughout the year through Campus e-mails, informational programs, Campus correspondence, and publication of related materials in the Pioneer

 If you are the victim of a bias related crime, or you are aware of bias related incident (s), you should:

  1. Report the incident immediately.
  2. Seek medical attention at once if injuries have been sustained.
  3. Make every effort to preserve all evidence. Be sure to document the incident.
If possible, take photographs of the scene, obtain identification of witnesses and/or write down incident details. If you are the victim of harassing phone calls, log each call and save any pertinent voice mail messages or correspondence (notes, e-mails, letters) you might receive.

If you feel you are the victim of a bias crime on campus, report the incident so that trained campus staff members can provide prompt and supportive assistance. Public Safety personnel will keep all calls confidential and will:

  • Meet with you and treat you and your complaint with courtesy, sensitivity, dignity, understanding and professionalism.

  • Ensure that immediate notifications are made and that appropriate investigations are conducted.

  • Coordinate and assist with any investigations with local law enforcement agencies and or any other agencies or university body.

Free and confidential counseling and other support services are provided to victims of bias crime by the Student Health and Counseling Center. Students can access such services by calling extension 2345. 

Procedures are in place for on-campus disciplinary action in cases of alleged bias crime.  Any individual found responsible for a bias crime following a Campus Administrative Hearing is subject to sanctions up to and including expulsion from the Campus. 

Bias Crime Prevention

Bias crime prevention is facilitated through educational and awareness programs provided by members of the Division of Student Affairs in conjunction with the Campus-wide Diversity Action Team. Additionally, specialized training in diversity, hate crimes, domestic violence and Special Needs Awareness is provided for all Public Safety Officers, Residence Life staff, and Student Health and Counseling personnel. 

NYS Laws and Penalties Regarding Bias Crimes

NYS Penal Law:

Definition of a Hate Crime:

1. A person commits a hate crime when he or she commits a specified offense and either:

  1. intentionally selects the person against whom the offense is committed or intended to be committed; or

  2. intentionally commits the act or acts constituting the offense;

in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

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Specified Offenses and Penalties

OFFENSES

CLASS

CLASS AS A BIAS CRIME

Aggravated Assault on a person less than 11 years old

E Felony

D Felony

Aggravated Harassment second degree

A Misdemeanor

E Felony

Aggravated Sexual Abuse first degree

B Felony

B Felony*

Aggravated Sexual Abuse second degree

C Felony

B Felony*

Arson first degree

A-1 Felony

A-1 Felony

Arson second degree

B Felony

B Felony*

Arson third degree

C Felony

B Felony*

Arson Fourth degree

E Felony

D Felony

Assault first degree

C Felony

B Felony*

Assault second degree

D Felony

C Felony

Assault third degree

A Misdemeanor

E Felony

Burglary first degree

B Felony

B Felony*

Burglary second degree

C Felony

B Felony*

Burglary third degree

D Felony

C Felony

Coercion first degree

D Felony

C Felony

Coercion second degree

A Misdemeanor

E Felony

Criminal Mischief first degree

B Felony

B Felony*

Criminal Mischief second degree

D Felony

C Felony

Criminal Mischief third degree

E Felony

D Felony

Criminal Mischief fourth degree

A Misdemeanor

E Felony

Criminal Trespass first degree

D Felony

C Felony

Criminal Trespass second degree

A Misdemeanor

E Felony

Criminal Trespass third degree

B Misdemeanor

A Misdemeanor

Grand Larceny first degree

B Felony

B Felony*

Grand Larceny second degree

C Felony

B Felony

Harassment first degree

B Misdemeanor

A Misdemeanor

Kidnapping first degree

A-1 Felony

A-1 Felony

Kidnapping second degree

B Felony

B Felony*

Manslaughter first degree

B Felony

B Felony*

Manslaughter second degree

C Felony

B Felony

Menacing first degree

E Felony

D Felony

Menacing second degree

A Misdemeanor

E Felony

Menacing third degree

B Misdemeanor

A Misdemeanor

Murder first degree

A-1 Felony

A-1 Felony

Murder second degree

A-1 Felony

A-1 Felony

Petit Larceny

A Misdemeanor

E Felony

Rape first degree

B Felony

B Felony*

Reckless Endangerment first degree

D Felony

C Felony

Reckless Endangerment second degree

A Misdemeanor

E Felony

Robbery first degree

B Felony

B Felony*

Robbery second degree

C Felony

B Felony

Robbery third degree

D Felony

C Felony

Sex Abuse first degree

D Felony

C Felony

Sodomy first degree

B Felony

B Felony*

Stalking first degree

D Felony

C Felony

Stalking second degree

E Felony

D Felony

Stalking third degree

A Misdemeanor

E Felony

Stalking fourth degree

B Misdemeanor

A Misdemeanor

Unlawful Imprisonment first degree

E Felony

D Felony

Unlawful Imprisonment second degree

A Misdemeanor

E Felony

* When the crime committed is an A or B felony, the class of the crime is not stepped up in the event that it is bias-motivated, but rather the penalty is enhanced which can mean a longer sentence for the perpetrator.

Class

Maximum Penalty

B Misdemeanor

6 Months

A Misdemeanor

1 Year

E Felony

4 Years

D Felony

7 Years

C Felony

15 Years

B Felony

25 Years

A-1 Felony

Life

The Facts about Bias Crime:

Every year more than half a million college students are targets of bias-driven slurs or physical assaults.*

Every day at least one hate crime occurs on a college campus.*

Every minute a college student somewhere sees or hears racist, sexist, homophobic, or otherwise biased words or images.*

12,073 law enforcement agencies reported 7,462 hate incidents in 2002.**

More than 10% of all hate crimes nationally occur in schools.**

* From www.tolerance.org/campus/index/jsp

** From FBI Hate Crime Statistics, 2002.


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New york state law on hazing

HAZING IN THE FIRST DEGREE

A person is guilty of hazing in the first degree when, in the course of another person's initiation into or affiliation with any
organization, s/he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury. Hazing in the first degree is a misdemeanor.

HAZING IN THE SECOND DEGREE

A person is guilty of hazing in the second degree when, in the course of another person's initiation into or affiliation with any
organization, s/he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such person or a third person. Hazing in the second is a violation.

 

 

 

 
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