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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:
- Report the incident immediately.
- Seek medical attention at once if injuries have been
sustained.
- 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:
- intentionally selects the person against whom the offense
is committed or intended to be committed; or
- 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
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OFFENSES
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CLASS
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CLASS AS A BIAS CRIME
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Aggravated Assault on a person less than 11 years old
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E Felony
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D Felony
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Aggravated Harassment second degree
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A Misdemeanor
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E Felony
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Aggravated Sexual Abuse first degree
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B Felony
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B Felony*
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Aggravated Sexual Abuse second degree
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C Felony
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B Felony*
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Arson first degree
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A-1 Felony
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A-1 Felony
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Arson second degree
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B Felony
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B Felony*
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Arson third degree
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C Felony
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B Felony*
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Arson Fourth degree
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E Felony
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D Felony
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Assault first degree
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C Felony
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B Felony*
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Assault second degree
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D Felony
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C Felony
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Assault third degree
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A Misdemeanor
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E Felony
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Burglary first degree
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B Felony
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B Felony*
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Burglary second degree
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C Felony
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B Felony*
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Burglary third degree
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D Felony
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C Felony
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Coercion first degree
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D Felony
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C Felony
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Coercion second degree
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A Misdemeanor
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E Felony
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Criminal Mischief first degree
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B Felony
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B Felony*
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Criminal Mischief second degree
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D Felony
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C Felony
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Criminal Mischief third degree
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E Felony
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D Felony
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Criminal Mischief fourth degree
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A Misdemeanor
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E Felony
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Criminal Trespass first degree
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D Felony
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C Felony
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Criminal Trespass second degree
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A Misdemeanor
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E Felony
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Criminal Trespass third degree
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B Misdemeanor
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A Misdemeanor
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Grand Larceny first degree
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B Felony
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B Felony*
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Grand Larceny second degree
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C Felony
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B Felony
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Harassment first degree
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B Misdemeanor
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A Misdemeanor
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Kidnapping first degree
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A-1 Felony
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A-1 Felony
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Kidnapping second degree
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B Felony
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B Felony*
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Manslaughter first degree
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B Felony
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B Felony*
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Manslaughter second degree
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C Felony
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B Felony
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Menacing first degree
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E Felony
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D Felony
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Menacing second degree
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A Misdemeanor
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E Felony
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Menacing third degree
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B Misdemeanor
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A Misdemeanor
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Murder first degree
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A-1 Felony
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A-1 Felony
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Murder second degree
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A-1 Felony
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A-1 Felony
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Petit Larceny
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A Misdemeanor
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E Felony
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Rape first degree
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B Felony
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B Felony*
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Reckless Endangerment first degree
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D Felony
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C Felony
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Reckless Endangerment second degree
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A Misdemeanor
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E Felony
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Robbery first degree
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B Felony
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B Felony*
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Robbery second degree
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C Felony
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B Felony
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Robbery third degree
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D Felony
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C Felony
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Sex Abuse first degree
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D Felony
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C Felony
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Sodomy first degree
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B Felony
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B Felony*
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Stalking first degree
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D Felony
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C Felony
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Stalking second degree
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E Felony
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D Felony
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Stalking third degree
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A Misdemeanor
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E Felony
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Stalking fourth degree
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B Misdemeanor
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A Misdemeanor
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Unlawful Imprisonment first degree
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E Felony
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D Felony
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Unlawful Imprisonment second degree
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A Misdemeanor
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E Felony
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* 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.
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Class
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Maximum Penalty
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B Misdemeanor
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6 Months
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A Misdemeanor
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1 Year
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E Felony
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4 Years
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D Felony
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7 Years
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C Felony
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15 Years
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B Felony
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25 Years
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A-1 Felony
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Life
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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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