Bias-Related Crime
Sponsor: |
Vice President of Administration |
|---|---|
Contact: |
Director of Safety and Security |
Category: |
Safety and Security |
Number: |
1200.012 |
Effective Date: |
13/2020/11 |
Implementation History: |
11/13/2020 First official policy, amended 5/2022 |
Keywords: |
Hate crime, bias crime, harassment, bias incident, VAWA |
Background Information: |
Historically this information was posted to the Safety and Security webpage and as part of the Annual Security Report. This policy incorporates the definitions and provisions of the Violence Against Women Act of 2013. |
Purpose
Empire State University takes bias incidents seriously. The college provides the following information to students and employees to assist in the prevention of and response to bias incidents.
Definitions
Bias Crimes: Hate crimes, also called bias crimes or bias-related crimes, are criminal activities motivated by the perpetrator’s bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as race, religion, ethnicity, national origin, gender, gender identity, sexual orientation, or disability.
Bias Incidents: Bias incidents directed at a member of a group within Empire State University that may or may not rise to the level of a crime include bigotry, harassment or intimidation based on national origin, ethnicity, race, age, religion, gender, gender identity, sexual orientation, disability, veteran status, color, creed, or marital status.
Statements
SUNY Empire University does not tolerate bias crimes or bias incidents. If you are the victim of, or witness to, a bias crime or incidents at a university location or college sponsored event, including online or distance activities, report it using the procedures herein.
Campus Security Authorities, as designated in Appendix A, are required to report, at a minimum, anonymized statistical data regarding bias crimes and incidents, also known as hate crimes, to the director of safety and security for publication in the annual security report.
Applicable Legislation and Regulations
New York State Hate Crimes Act of 2000 (Penal Law Article 485).
NYS Article 129-A
Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. L. 113-4), an amendment of section 485(f) of the HEA, otherwise known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act).
Related References, Policies, Procedures, Forms and Appendices
Procedures
Bias crime: Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. If you are the victim of, or witness to, a hate/bias crime at a university location or event, report it to the appropriate local police agency. Since university services are delivered through locations across the state and the university does not have its own police force, we rely on local law enforcement to respond to reported crimes at our locations.
Bias incidents: Such incidents may be addressed through the SUNY Empire Discrimination Complaint Procedure or the university’s Student Conduct Policy and Procedures.
All bias related incidents should be reported to the Office of Safety & Security 518-587-2100, ext. 2900.
The office of safety and security will assess what resources, if any, are required or would be helpful to the reporter and forward the incident to the appropriate university personnel.
Related SUNY Empire Policies
Discrimination Complaint Procedures
Non-Discrimination/Anti-Harassment Policy
Sexual Harassment Policy
Student Conduct Policy and Procedures
Criminal Incident Reporting Policy and Procedures