Bias Related Incidents and Hate Crimes

About

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

NYS Hate Crimes Reporting Bill

On 7/11/23, Governor Kathy Hochul signed legislation (S.2060-A/A.3694A) to strengthen investigation and reporting requirements for hate crime incidents occurring on college campuses. The new law supplements the NYS Education Law Article 129-A and supplements CUNY’s responsibilities under the Clery Act.

Definition

Bias-related incidents are behaviors that constitute 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. According to New York Penal Law Section 485, a person commits a hate crime when he or she commits a specified criminal offense and either:

1. 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
2. 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.

Examples of hate crimes may include, but are not limited to:

threatening phone calls
hate mail (including electronic mail)
physical assaults
vandalism
destruction of property
fire bombings.

Lehman College/CUNY is required to report statistical incidents of bias crimes on or around campus annually as part of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act). Bias crime statistics can be found in the Public Safety Department under the Annual Security Report.

Penalities

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 conviction of the offender. Students, staff or faculty who commit bias crimes are also subject to university disciplinary procedures and a range of sanctions up to and including suspension, expulsion or termination of employment.

In order to effectively handle incidents of bias-related crimes and prevent future occurrences of such crimes, victims or witnesses of a hate crime are encouraged to immediately report the incident to the Office of Public Safety by calling (718) 960-8593 or visiting the Office in the Apex, Room 109.

Please remember that any evidence such as graffiti, emails, written notes or voice mail messages should be preserved. The Office of Public Safety will investigate and follow the appropriate college adjudication procedures. Victims of bias crime can also avail themselves of counseling and support services through the CUNY Employee Wellness Program or through the Student Counseling Center.