Bias-Related Crime Policy
Sponsor: |
Vice President of Administration |
|---|---|
Contact: |
Director of Safety and Security |
Category: |
Safety and Security |
Number: |
1200.012 |
Effective Date: |
2020/11/13 |
Implementation History: |
11/13/2020 First official policy, amended 5/2022, 7/2024 |
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 Crimes seriously. The University provides the following information to students and employees to help prevent and respond to Bias Crimes. Bias Incidents that may not rise to the level of a crime are handled under the Bias Incident Response policy.
Definitions
Bias Crimes: Bias Crimes, also called bias-related crimes or hate crimes, are criminal activities motivated by the perpetrator’s bias or attitude against an individual or group based on perceived or actual personal characteristics, such as race, religion, ethnicity, national origin, gender, gender identity, sexual orientation, or disability.
Statements
Empire State University does not tolerate Bias Crimes. If you are the victim of, or witness to, a Bias Crime at a University location or University-sponsored event, including online or distance activities, report it using the procedures herein.
Campus security authorities, designated in Appendix A, are required to report, at a minimum, anonymized statistical data regarding Bias 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
Penalties for Bias Crimes are serious and range from fines to imprisonment, depending on the nature of the criminal offense, the use of violence, or the offender’s previous convictions. If you are the victim of, or witness to, a Bias Crime at a University location or event, immediately report it to the appropriate local police agency or call 911. 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.
All Bias Crimes should also be reported to the Office of Emergency Management and Public Safety at 518-587-2100, ext. 2900. This office will assess what resources, if any, are required or would be helpful to the individual making the report and forward the report to the appropriate University personnel.
Related References, Policies, Procedures, Forms, and Appendices
Discrimination Complaint Procedures
Non-Discrimination/Anti-Harassment Policy
Student Conduct Policy and Procedures
Criminal Incident Reporting Policy and Procedures
APPENDIX A - RESPONSIBLE EMPLOYEES AND CAMPUS SECURITY AUTHORITIES (PDF 126KB)