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Bias/ Hate Related Crimes Policy

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Roberts Wesleyan University is committed to a diverse, safe, and inclusive learning environment.  In compliance with NY Education Law Article 129-A, 2023 amendment that aims to strengthen hate crime reporting and investigation requirements for college campuses, Roberts Wesleyan University provides the following information in compliance of the law.

HATE CRIMES

Under New York Penal Law ∫ 485.05, Hate Crimes is a criminal offense that prosecutors can bring in conjunction with another underlying offense when a defendant commits a crime against a victim based at least in part on one or more of the victim’s immutable characteristics, such as race, color, religion, age, disability, national origin, ancestry, gender, gender identity, gender expression, or sexual orientation.

Under the Clery Act, the following categories of reportable criminal offenses:

  • Race
  • Religion
  • Sexual Orientation
  • Gender
  • Gender identity
  • Ethnicity
  • National Origin
  • Disability

In addition, the following offenses are included in the Clery Act statistics if they are Hate Crimes.

  • Larceny-Theft
  • Simple Assault
  • Intimidation
  • Destruction/Damage/Vandalism of Property

A person does not have to identify within one of the target groups to be a victim of a hate crime.  The crime is considered a hate crime if the perpetrator’s perception puts a person in that target category.

A hate crime can fall under the categories of:

  • Hate violence against person(s):
  • Hate-motivated vandalism; or
  • Hate-motivated threats and harassment.

Some factors which may indicate that an incident constitutes a hate crime are:

  • Bias-related comments or graffiti;
  • No economic motive for an assault or battery;
  • A crime involving disproportionate cruelty or brutality;
  • The offender’s criminal history, or
  • If the crime occurs on a specific day or at a specific place or event that is relevant to the victim’s race, ethnicity, religion, disability, or sexual orientation.

A hate crime:

  • Threatens the safety and welfare of all citizens not just the intended target;
  • Inflicts on victims physical and emotional damage;
  • Sends a powerful message of intolerance and discrimination to all members of the group to which the victim belongs; and
  • Undermines the civility that is essential to maintain a diverse and healthy community.

For more information on New York Penal Law 485.05 Hate Crimes, click here.

U.S. DEPARTMENT OF EDUCATION

Roberts Wesleyan University is required to annually report campus crime statistics to the U.S. Department of Education as required by Title 20 of the U.S. Code section 1092(f).  This information can be found on the U.S. Department of Education’s website at Campus Safety and Security.

MAKING A REPORT TO THE UNIVERSITY

A report regarding discrimination and/or discriminatory harassment may be made to the Campus Safety Office, Dean of Students, Title IX Coordinator, or the Human Resources Department.  If you are experiencing an emergency, call 911 or Campus Safety at 585-594-7777.

  • Campus Safety can be reached 24/7 by calling 585-594-7777 or by stopping by the office located in the upper Voller Athletic Center (VAC), Office 200.  Non-confidential resource.
  • The Office of Student Life can be reached Monday-Friday from 8:30-4:30 p.m. by phone at 585-594-6350 or in person at the Golisano Community Engagement Center, 1st floor.  Non-confidential resource.
  • Title IX Coordinator can be reached Monday-Friday from 8:30-4:30 p.m. by phone at 585-594-6222 or in person in the Rinker Building, lower level, Office 122. Non-confidential resource.
  • The Human Resources Department can be reached Monday-Friday by phone at 585-594-6260 or in person in the Rinker Building, lower level.  Non-confidential resource.

Once a report has been made, a reporting person chooses the level of participation in the process to address the allegation.  Choosing not to participate in the process may limit the University’s ability to respond to a report.  In addition, New York State law requires the University to report violent felony offenses to law enforcement.  If law enforcement is contacted, the reporting person may choose the level of participation with law enforcement.

MAKING A REPORT TO LAW ENFORCEMENT

The University will assist any person in contacting law enforcement officials.  Additionally, any campus community member may contact 911 independently.  Upon reviewing the facts of the case, law enforcement may decide to prosecute the matter, and further participation with law enforcement may be required.  Once criminal charges are initiated, charges can be withdrawn only with the proper consent of the District Attorney’s Office.  In compliance with Title IX Regulations, the University may need to act on any information law enforcement shares with the University if there is a concern for the safety of the University community.  For more information about Title IX, click here.

PREVENTION

VICTIM RESOURCES

ADDITIONAL REPORTING OPTIONS

In addition to the reporting choices above a person may direct information about their allegations to the Office of Civil Rights, U.S. Department of Education.

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100

Telephone:  800-421-3481

Fax:  202-453-6012; TDD: 800-877-8339

Email: ocr@ed.gov