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Bias Crimes Compliance Statement


Hate crimes, also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator's bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, religion, ethnicity, gender, sexual orientation, or disability. Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the federal Hate/Bias Crime Reporting Act of 1990 and the New York State hate Crimes Act of 2000 (Penal Law Article 485). Copies of the New York law are available from the Dean of Students Office.

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 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.
NY State also addresses hate crimes through statutes on stalking and harassment, including aggravated harassment in the first degree (NYS Penal Code Sec. 240.31), which is a Class E Felony, and aggravated harassment in the second degree (NYS Penal Code Sec. 240.30), which is a Class A Misdemeanor.

According to New York State Penal Code number Sec. 240.31, a person is guilty of aggravated harassment in the first degree when, with the intent to harass, annoy, threaten or alarm another person, because of race, color, religion or national origin of such person, he or she:
  • Damages premises primarily used for religious purposes, or acquired pursuant to Section 6 of the religious corporation law and maintained for the purpose of religious instruction, and the damage to the premises exceeds fifty dollars; or
  • Commits the crime of aggravated harassment in the first or second degree within the preceding ten years.
According to the New York State Penal Code Sec. 240.30, subdivision 3, aggravated harassment in the second degree reads: "Strikes, shoves, kicks, or otherwise, subjects another person to physical contact, or attempts or threatens to do the same because of the race, color, religion or national origin of such person."

Penalties for Commission of Bias-Related Crimes
Penalties for Hate/Bias 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. Students who are found responsible for bias-related crimes or offenses will be subject to campus disciplinary procedures where sanctions including separation from the College are possible.

How Hamilton College Addresses Bias Offenses
Hamilton College informs incoming students about bias-related crime and prevention measures through programs that include orientation sessions and discussion groups. These programs disseminate information about bias-related crime, explain college policy, promote discussion, encourage reporting of incidents of such crime, and facilitate prevention.

Procedures In Effect at Hamilton College for Dealing with Bias-Related Offenses
Bias-related incidents should be reported to Office of the Dean of Students (x4020) and/or Campus Safety (x4000) immediately so that protection can be provided if needed. The College may place members of the community under "no-contact orders" to defuse conflict. When the accused is a member of the Hamilton College community, the alleged victim should file a report with Campus Safety or with the Chair or any member of the Harassment and Sexual Misconduct Board, the Dean of Students, or the Director of Residential Life. These individuals can provide students an opportunity to explore, in a private, one-on-one discussion, the full range of legal, medical, and counseling options available to them, both on campus and in the Clinton community.

Members of the community may choose to file formal charges with the police and also pursue a formal complaint through the College disciplinary system. Although there is no time limit on the filing of a formal complaint with the college, a prompt formal complaint is likely to result in a more satisfactory investigation.

Availability of Counseling and Other Support Services for the Victims Of Bias-Related Offenses
Counseling is available free of charge through the Hamilton College Counseling Center. All consultations are confidential, and counseling is available whether or not you decide to report a bias-related incident to College or local authorities.

Violent Felony Offenses/Missing Student
The Hamilton College Department of Campus Safety has a plan for the investigation of any violent felony offense occurring at or on the grounds of Hamilton College. In addition they have a plan for the investigation of a report of a missing student. The investigation of such crimes shall be done in coordination with local law enforcement agencies. Hamilton College has written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports. For more information relating to violent felony offenses or missing students please contact the Department of Campus Safety at 315-859-4141.

Advisory Committee on Campus Security
Hamilton College has instituted a Personal Safety Committee that has student, faculty and staff membership. All meetings are open to the College Community. This committee reviews campus security policies and procedures and issues of related to personal safety and makes recommendations for their improvement. For more information on the Hamilton College Campus Safety Advisory Committee please contact the Director of Campus Safety (315-859-4141) or visit the Campus Safety Web site.

Crime Statistics
The Advisory Committee on Campus Safety will provide upon request all campus crime statistics as reported to the United States Department of Education. Contact the Department of Campus Safety (315-859-4141) to request a copy of the Hamilton College crime statistics. Hamilton College crime statistics are also available on the Hamilton College website. Information can also be obtained from the U.S. Department of Education Web site.

Portions of this policy were adapted from policies of NCHERM, SUNY University at Buffalo and Skidmore College.