D8: Bias Related & Hate Crime Prevention

D8: Bias Related & Hate Crime Prevention

Responsibility for Maintenance: Student Engagement

Date of most recent changes: June 17, 2014

I. Policy Statement  

The College shall inform incoming students about Bias Related & Hate Crime prevention measures through programs which may include workshops, seminars, discussion groups and film presentations, in order to disseminate information about Bias Related & Hate Crimes, promote discussion, encourage reporting of incidents of Bias Related & Hate Crimes, and facilitate prevention of such incidents. These education and informational programs should include, but not be limited to, the following subjects:

  • Applicable state laws, ordinances, and regulations on Bias Related & Hate Crimes, including the provisions and coverage of the Hate Crimes Act of 2000;

  • Penalties under state law for commission of Bias Related & Hate Crimes as well as on-campus disciplinary sanctions for the same;

  • Procedures in effect at the College for dealing with Bias Related & Hate Crimes;

  • Availability of counseling and other support services for the victims of Bias Related & Hate Crimes on campus and off-campus;

  • The nature of and common circumstances relating to Bias Related & Hate Crimes on college campuses; and

  • The methods the campus employs to advise and to update students about security procedures.  

II. Reason for Policy  

This policy is intended to enable the College to comply with applicable provisions of the New York State Education Law.

III. Applicability of the Policy  

All members of the campus community should be familiar with this policy.

IV. Related Documents/Information  

V. Contacts    

Subject

Office Name

Telephone Number

Email/URL

Questions regarding Bias Related & Hate Crime policies and procedures

Student Engagement

(315) 498-2119

s.m.schuhert@sunyocc.edu

Counseling

Counseling

(315) 498-2521

k.gadaleta@sunyocc.edu

Bias Related & Hate Crime Resources: Reporting

Students' Rights, Responsibilities & Residence Life

(315) 498-2351

d.c.nemeth-neumann@sunyocc.edu 

Consultation and Guidance

Diversity Services

(315) 498-2565

williame@sunyocc.edu 

 

VI. Definitions    

Term

Definition

Bias Related Incident Definition

When a person commits a Specified Offense and either: 

  • 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, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct; 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. 

Hate Crime

A person commits a hate crime when he or she commits 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.

Specified Legal Offenses that may also reflect Bias Related Incidents  

An offense defined by any of the following sections of the New York State Penal Law, or any attempt or conspiracy to commit any such offense:  

 

  • 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); paragraph (a) of subdivision one, paragraph (a) of subdivision two and paragraph (a) of subdivision three of section 130.35 (rape in the first degree); 

  • former subdivision one of section 130.35 (rape in the first degree); 

  • subdivision one of former section 130.50; 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 third degree);

  • section 135.61 (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);

  • section 490.10 (soliciting or providing support for an act of terrorism in the second degree); 

  • section 490.15 (soliciting or providing support for an act of terrorism in the first degree); 

  • section 490.20 (making a terroristic threat); 

  • section 490.25 (crime of terrorism); 

  • section 490.30 (hindering prosecution of terrorism in the second degree); 

  • section 490.35 (hindering prosecution of terrorism in the first degree); 

  • Section 490.37 (criminal possession of a chemical weapon or biological weapon in the third degree); 

  • section 490.40 (criminal possession of a chemical weapon or biological weapon in the second degree); 

  • section 490.45 (criminal possession of a chemical weapon or biological weapon in the first degree); 

  • section 490.47 (criminal use of a chemical weapon or biological weapon in the third degree); 

  • section 490.50 (criminal use of a chemical weapon or biological weapon in the second degree); 

  • Section 490.55 (criminal use of a chemical weapon or biological weapon in the first degree); 

  • or any attempt or conspiracy to commit any of the foregoing offenses.

VII. Procedures    

Campus Safety and Security, Students' Rights, Responsibilities & Residence Life, and Student Engagement, in consultation with other campus stakeholders, will develop a plan annually with attendant programs to inform incoming students of all required information under § 6436 of Article 129-A of NYS Higher Education Law. The plan and its programs must be prepared no later than August 1 of each year for use during the ensuing academic year and as part of the college’s onboarding process. The Plan must include:

  • The applicable law defining hate crimes (New York Penal Law 485); 

  • Penalties for committing bias related and hate crimes; 

  • Institutional procedures for addressing bias related and hate crimes;

  • The availability of counseling and other support; 

  • The “nature and common circumstances” of such crimes; and 

  • The methods used to advise and update students on security procedures.    

Campus Safety & Security will report and post incidents of hate crime offenses as a separate, clearly designated category on the College website.

Information is contained below in the link for the Bias Response Team.

https://www.sunyocc.edu/bias-response-team 

This policy will be reviewed annually by the Advisory Committee on Campus Safety.

Approved by OCC Board of Trustees April 3, 2006

Updated and approval by the OCC Board of Trustees June 1, 2010

Updated and approved by the OCC Board of Trustees June 17, 2014

Updated and approved by the OCC Board of Trustees June 25, 2024