Hate Crimes and Bias-related Incidents

I. Overview

Bias-related crime does occur on university campuses. Siena University’s commitment to diversity and respect, as two of our Franciscan values, shapes the University’s expectation that members of our community will strive to eliminate hate crimes and bias-related incidents.
Hate crimes and bias-related incidents involve behaviors that are motivated by hostility to race, religion, sexual orientation, ethnicity, national origin, gender, age or disability. Bias-related incidents include those actions that are motivated by bias, but do not meet the necessary elements required to prove a crime. Acts of hate and bias may accompany crime through such actions as threats of violence, property damage, personal injury and other illegal conduct.

A. Bias-Related Incident: A bias-related incident is defined as behavior that constitutes an expression of hostility against the person or property of another because of the targeted person’s race, religion, sexual orientation, ethnicity, national origin, gender, age, or disability. Bias- elated incidents include, but are not limited to, name calling and using degrading language or slurs directed toward a person because of their membership (or perceived membership) in a protected class.
B. Hate Crime: A person commits a hate crime when they commit a specified criminal offense as defined by the New York State Penal Law and either:
- a. intentionally selects the person against whom the offense is committed or is intended to be committed 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 the person, regardless of whether the belief or perception is correct
- b. intentionally commits the act or acts constituting the offense in whole or in 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.
  Examples of hate crimes may include, but are not limited to, threatening telephone calls, hate mail (including electronic mail), physical assaults, vandalism, destruction of property, and fire bombings.
  Applicable Laws, Ordinances and Regulations
  New York State Penal Law specifically forbids hate and bias-related crimes and imposes strict sentences upon those convicted of them. Following is the hate crimes section of the New York State Penal Law.
- C. Legislative Findings
  The legislature finds and determines as follows: criminal acts involving violence, intimidation and destruction of property based upon bias and prejudice have become more prevalent in New York state in recent years. The intolerable truth is that in these crimes, commonly and justly referred to as "hate crimes", victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them. However, these criminal acts do occur and are occurring more and more frequently. Quite often, these crimes of hate are also acts of terror. The recent attacks in Monsey, New York as well as the shootings in El Paso, Texas; Pittsburgh, Pennsylvania; Sutherland Springs, Texas; Orlando, Florida; and Charleston, South Carolina illustrate that mass killings are often apolitical, motivated by the hatred of a specific group coupled with a desire to inflict mass casualties. The current law emphasizes the political otivation of an act over its catastrophic effect and does not adequately recognize the harm to public order and individual safety that hate crimes cause. Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence.
  Accordingly, the legislature finds and declares that hate crimes should be prosecuted and punished with appropriate severity.
- D. Hate Crimes
  1. A person commits a hate crime when they commit a specified offense and either:
    - a. intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or
    - b. 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, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.
  2. Proof of race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the people’s burden under paragraph (a) or (b) of subdivision one of this section.
  3. A “specified offense” is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdivision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the foregoing offenses.
  4. For purposes of this section:
    - a. the term “age” means sixty years old or more
    - b. the term “disability” means a physical or mental impairment that substantially limits a major life activity
    - c. the term “gender identity or expression” means a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.
- E. Sentencing
  1. When a person is convicted of a hate crime pursuant to this article, and the specified offense is a violent felony offense, as defined in section 70.02 of this chapter, the hate crime shall be deemed a violent felony offense.
  2. When a person is convicted of a hate crime pursuant to this article and the specified offense is a misdemeanor or a class C, D or E felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant’s conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable.
  3. Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class B felony:
    - a. the maximum term of the indeterminate sentence must be at least six years if the defendant is sentenced pursuant to section 70.00 of this chapter
    - b. the term of the determinate sentence must be at least eight years if the defendant is sentenced pursuant to section 70.02 of this chapter
    - c. the term of the determinate sentence must be at least twelve years if the defendant is sentenced pursuant to section 70.04 of this chapter
    - d. the maximum term of the indeterminate sentence must be at least four years if the defendant is sentenced pursuant to section 70.05 of this chapter
    - e. the maximum term of the indeterminate sentence or the term of the determinate sentence must be at least ten years if the defendant is sentenced pursuant to section 70.06 of this chapter
  4. Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class A-1 felony, the minimum period of the indeterminate sentence shall be not less than twenty years.
  5. In addition to any of the dispositions authorized by this chapter, the court shall require as part of the sentence imposed upon a person convicted of a hate crime pursuant to this article, that the defendant complete a program, training session or counseling session directed at hate crime prevention and education, where the court determines such program, training session or counseling session is appropriate, available and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community.
- F. Victims of Bias-related Incidents or Hate Crimes
  1. What to Do if It Happens to You:
    Hate crimes, bias-related incidents, or other emergencies may be reported by dialing Public Safety at extension 2376 or in an emergency by dialing 911, by using any of the emergency-call boxes located in strategic areas around campus, by means of the Public Safety Website , where the Anonymous Tips page can be found and/or by using Siena’s Bias Related Incident r eport. The emergency-call box locations are identifiable by blue lights hanging above the boxes. Following a call, the department will send a Public Safety officer immediately to assist the caller or victim. If required or requested, the town or state police will be contacted.
    When a hate/bias-related criminal offense, a hate/bias-related incident or other emergency occurs on campus, anyone may report it. Incidents may be reported to Public Safety, the Office of the Dean of Students or Title IX Coordinator/Equal Opportunity Specialist or to any University official who will notify the Title IX Coordinator/Equal Opportunity Specialist. Students who report a bias related incident in which another student(s) is the respondent(s) may have their complaint reviewed through the student conduct review process if the reported behavior does not meet the definition of discrimination and harassment (i.e.; the reported behavior was offensive but not severe or pervasive) at the discretion of the Title IX/EOS coordinator.
  2. Procedures:
    Siena University has a prompt and effective procedure for all members of the University community who believe they have been subject to discrimination or harassment on the basis of race, religion, sexual orientation, ethnicity, national origin, gender, age, disability, or other basis identified in federal or state law. The University reserves the right to investigate and remediate all conduct contrary to Siena University’s Discrimination and Harassment policy, even without receipt of a complaint.
    In cases involving illegal or criminal behavior (e.g., rape or assault, hate crimes), the student or employee retains the right to go to the police and will be made aware of that right at the time the complaint is received. In all cases, the student or employee retains the right to pursue civil action. No pressure will be put on an individual to use this procedure instead of pursuing other means of redress.
    Information regarding these procedures under the University’s Discrimination and Harassment policy is provided in Siena Life; in the Office of the Dean of Students,
    Sarazen Student Union, room 302, 518-783-2328; by the Title IX Coordinator/Equal
    Opportunity Specialist, Sarazen Student Union, room 235, 518-782-6673; or on the Siena Website
  3. Penalties:
    Siena University considers hate crimes and bias-related incidents as serious. In addition to any criminal sanctions, individuals found responsible for hate crimes or bias-related incidents are subject to sanctioning in accordance with procedures outlined in the Discrimination and Harassment policy or Student Code of Conduct.
- G. Support Services and Counseling:
  All victims of, or witnesses to, bias-related crimes or incidents are encouraged to avail themselves of university counseling resources. Counseling and support services are available at the Counseling Center, Foy Hall, room 110, 518-783-2342. Additionally, staff in the Dean of Students Office, Office of Accessibility Services, Damietta Cross Cultural Center, Community Living, Chaplain’s Office, and the Title IX/Equal Opportunity Specialist are prepared to help and support students in this situation.