New York Institute of Technology is committed to maintaining an educational environment that is free from hate and bias-related crimes. To that end, the university complies with a number of laws aimed at the prevention of hate/bias-related crimes including (i) the federal Hate/Bias Crime Statistics Act of 1990; (ii) New York State Education Law, Section 6436 of Article 129-A; and (iii) the New York State Hate Crimes Act of 2000 (Article 485 of the New York State Penal Law).

To support the prevention of hate/bias-related crimes, New York Tech has implemented various policies and procedures, including its Non-Discrimination and Discriminatory Harassment Policy to manage its response to reported crimes and incidents. This means that in addition to violating New York State Penal law, hate and bias-related crimes will also violate New York Tech policy.

This information is provided to incoming and returning students as part of New York Tech's Annual Security Report dissemination. For incoming students, it is also part of new student orientation programming and required online training. In addition, the Annual Security Report also provides information to students on general security procedures and updates, which students may keep apprised of via the institution's TechSafe app.

What are Hate/Bias-Related Crimes?

Article 485 of the New York State Penal Law describes hate crimes as criminal acts involving violence, intimidation, and destruction of property based upon bias and prejudice. Under the Penal Law, hate crimes are defined as those crimes where victims are intentionally selected, in whole or in part, because of a belief or perception regarding a victim's race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation ("protected characteristics").

Hate crimes under the Penal Law also include when a person intentionally commits a specified offense (such as assault, robbery, or menacing) because of a belief or perception regarding another person's or group's protected characteristic (which may not necessarily be the victim's, or it may consist of a property crime).

For the New York Tech definition of these incidents, please see the Non-Discrimination and Discriminatory Harassment Policy.

What are Hate/Bias-Related Incidents?

There may be incidents related to a victim's or group's protected characteristic(s) which may not rise to the level of a crime under the New York State Penal Law. This may occur when an individual verbally harasses or discriminates against another person or group based on their identity, but the incident does not involve a physical attack, a threat of attack, or property damage.

Such incidents may still implicate conduct prohibited by New York Tech's Student Code of Conduct, Employee Handbook, Gender-Based Misconduct Policy, or Non-Discrimination and Discriminatory Harassment Policy. New York Tech will make the determination as to which policy is most appropriate when receiving, investigating, and resolving reports of hate/bias-related incidents.

How can I reduce my risk of being a victim of a bias incident or hate crime?

You can make a difference in creating a climate on campus where hate/bias-related incidents and crimes are not tolerated.

• Speak out when jokes or comments are made that are hateful or demeaning.
• Ask yourself if you use derogatory, degrading or offensive terms in describing others.
• Inform your professors, colleagues, or staff if you witness or become aware of a concerning incident but are not sure whether it warrants a formal report.
• Report to Campus Security if you witness a crime or you are aware that someone is being harassed or threatened.
• Observe general safety tips and download the TechSafe app to quickly notify Campus Security of an incident.

What is New York Tech's Response to Hate/Bias-Related Crimes?

Reports of hate/bias-related crimes are typically reported to external law enforcement. However, a victim has the right to choose to pursue criminal action and, in the case of an on-campus or university-related incident, to provide New York Tech with information to pursue disciplinary action according to New York Tech policies.

The decision to pursue disciplinary action in no way restricts the victim from filing criminal charges, and vice versa. New York Tech is committed to providing confidential services to the victim and to providing those who come forward with a protective environment.

When an incident is reported, the Office of Campus Security works with law enforcement to investigate those incidents which rise to the level of a Penal Law offense. Reports of hate/bias-related crimes and incidents are also investigated and adjudicated by New York Tech in accordance with the applicable internal policy and procedure as described further below.

What are the Penalties for Committing Hate/Bias-Related Crimes?

Penalties for hate/bias-related crimes under the Penal Law are very serious and can range from fines to extended prison sentences, depending on the nature of the underlying criminal offense, the use of violence, or previous convictions of the offender. Specific penalties and terms of imprisonment can be located here.

In addition to criminal penalties, institutional penalties may also result. Individuals found responsible for committing a hate/bias-related crime or incident may be subject to sanctions, including suspension and expulsion / termination / removal from the university, as set forth in applicable institutional policies.

How do you report Hate/Bias-Related Crimes?

It is the responsibility of all members of the New York Tech community to report hate/bias-related crimes. In cases where immediate harm is threatened or has occurred, reports should be made to 911 and to the Office of Campus Security.

Even in cases where a reporting party does not call 911, the Office of Campus Security may be required to notify law enforcement, based upon the nature of the report and the crime committed/threatened to be committed.

Reports may also be made through the university's online reporting hotline or to:

Melissa D. Wallace, Esq.
Equity Officer and Title IX Coordinator
melissa.wallace@nyit.edu
516.686.1080

• For Reports Against Students
  In addition to the above, you may contact the Dean of Students at DeanofStudents@nyit.edu for assistance with filing a complaint or complete this Incident Report Form. Reports against students will be processed through the Student Code of Conduct to determine responsibility and if applicable, appropriate sanctions.
• For Reports Against Faculty or Staff
  In addition to the above, you may contact the Office of Human Resources at hr@nyit.edu for assistance with filing a complaint. Reports against faculty and staff will be processed through the applicable employment policy and/or contract.
• For Reports Against Guests or Other Community Members
  These reports should be made to the Office of Campus Security for appropriate referral and action.

Hate/Bias-Related Crime Statistics

In addition to the crime statistics reported in New York Tech's Annual Security Report, the Office of Campus Security maintains a daily crime log of reported incidents, including all Bias-related and/or Hate Crimes. The daily crime log is available for public inspection at the Office of Campus Security.

A link to the United States Department of Education Campus Crime Statistics for New York Tech can be found at ope.ed.gov/campussafety/#/institution/details.

Resources and Support Services

• Office of Campus Security
• Office of the Dean of Students
• Office of Human Resources
• Counseling and Wellness Center
• Employee Assistance Services
• Title IX
• Diversity, Equity, Inclusion and Belonging