Hate Crimes
A hate crime is a traditional criminal offense that is motivated by bias. A person commits a hate crime when one of a specified set of crimes is committed targeting a victim because of a perception or belief about their race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation, or when such an act is committed as a result of that type of perception or belief. These crimes can target an individual, a group of individuals or public or private property. New York State’s Hate Crime Law (Penal Law Article 485) designates 53 Penal Law crimes as hate crimes: 39 felonies and 13 misdemeanors ranging from third-degree criminal mischief to second-degree murder. In addition, any attempt to commit—or conspiracy to commit—any of those felonies or misdemeanors is also designated as a hate crime.
Examples of hate crimes may include, but are not limited to: threatening phone calls, hate mail (including electronic mail), physical assaults, vandalism and destruction of property. 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. To effectively manage 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 Public Safety Office.
New York State Hate Crimes Reporting Bill
On July 11, 2023, 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 New York State Education Law Article 129-A and supplements CUNY’s responsibilities under the Clery Act.
Why You Should Report Hate Crimes
Hate crimes have a broader effect than most other kinds of crime. Hate crime victims include not only the crime’s immediate target but also others like them. Hate crimes affect families, communities, and at times, the entire nation. Like many other types of crime, there is a disparity between hate crimes that actually occur and those reported to law enforcement. It is critical to report hate crimes not only to show support and get help for victims, but also to send a clear message that the community will not tolerate these kinds of crimes. Reporting hate crimes allows communities and law enforcement to fully understand the scope of the problem in a community and put resources toward preventing and addressing attacks based on bias and hate.
Protocol for Responding to Hate Crime Incidents
All students, staff, and faculty are encouraged to notify Public Safety or a Campus Security Authority (CSA) as defined by the Clery Act if they experience or witness a hate crime incident. Once Public Safety or a CSA has been informed that a hate crime incident has occurred on campus, the protocol below must be followed to ensure that the incident is properly logged and investigated. Additionally, the college must inform the victim how he or she might receive proper support and assistance throughout the investigative process. Public Safety and/or the CSA will work collaboratively and take the following actions once informed of a hate crimes incident:
- Inform the victim of the resources available to him or her;
- Prepare a hate crimes incident report that will be noted on the Public Safety Crime Log;
- Notify the college president or dean;
- Contact NYPD within 24 hours of receiving the report of a hate crimes incident; and
- Update the college’s Public Safety Crime Log once NYPD or NYSP Hate Crimes Task Force has determined that the conduct qualifies as a “hate crime” under NYS Penal Law 485.05.
Specified Offenses and Penalties
The following types of conduct qualify as a “specified offence.” Note: The college’s Office of Public Safety will continue to use the FBI Uniform Crime Reporting (UCR) Program’s definition of “hate crime” for Clery Act reporting purposes.
| Specific Offense | Penal Law Section | Degree | Class of Felony or Misdemeanor* | Imprisonment in Years |
|---|---|---|---|---|
| Assault | §120.10 | 1 | B | 6 to 25 |
| Assault | §120.05 | 2 | C | 1 to 15 |
| Assault | §120.00 | 3 | E | 1 to 4 |
| Aggravated Assault Upon Person less than 11 years old | §120.12 | E | 1 to 7 | |
| Menacing | §120.13 | 1 | D | 1 to 7 |
| Menacing | §120.14 | 2 | E | 1 to 4 |
| Menacing | §120.15 | 3 | A* | To 1 year |
| Reckless Endangerment | §120.25 | 1 | C | 1 to 15 |
| Reckless Endangerment | §120.20 | 2 | E | 1 to 4 |
| Manslaughter | §125.20 | 1 | B | 6 to 25 |
| Manslaughter | §125.15 | 2 | C | 1 to 15 |
| Murder | §125.25 | 2 | A-II | 3 to life |
| Stalking | §120.60 | 1 | C | 1 to 15 |
| Stalking | §120.55 | 2 | D | 1 to 7 |
| Stalking | §120.50 | 3 | E | 1 to 4 |
| Stalking | §120.45 | 4 | A* | To 1 year |
| Rape | §130.35 | 1 | A-II | 3 to life |
| Criminal Sexual Act | §130.50 | 1 | A-II | 3 to life |
| Sexual Abuse | §130.65 | 1 | C | 1 to 15 |
| Aggravated Sexual Abuse | §130.70 | 1 | A-II | 3 to life |
| Aggravated Sexual Abuse | §130.67 | 1 | B | 6 to 25 |
| Unlawful Imprisonment | §135.10 | 1 | D | 1 to 7 |
| Unlawful Imprisonment | §135.05 | 2 | E | 1 to 4 |
| Kidnapping | §135.25 | 1 | A-I | 20 to life |
| Kidnapping | §135.20 | 2 | A-II | 3 to life |
| Coercion | §135.65 | 1 | C | 1 to 15 |
| Coercion | §135.60 | 2 | E | 1 to 4 |
| Criminal Trespass | §140.17 | 1 | C | 1 to 15 |
| Criminal Trespass | §140.15 | 2 | E | 1 to 4 |
| Criminal Trespass | §140.10 | 3 | A* | To 1 year |
| Burglary | §140.30 | 1 | A-II | 3 to life |
| Burglary | §140.25 | 2 | B | 6 to 25 |
| Burglary | §140.20 | 3 | C | 1 to 15 |
| Criminal Mischief | §145.12 | 1 | A-II | 3 to life |
| Criminal Mischief | §145.10 | 2 | C | 1 to 15 |
| Criminal Mischief | §145.05 | 3 | D | 1 to 7 |
Final Disposition of a Hate Crime
The determinations and final dispositions of incidents initially reported to the college as a “hate crime” will ultimately be made by the NYPD or the NYSPP Hate Crimes Task Force. The college’s Public Safety Crime Log will be updated accordingly.
Distribution of Hate Crimes Statistics
Consistent with the amendments to Article 129-A, on October 1 of each year, each CUNY school or college will report and post separate, clearly designated data on hate crimes offenses occurring at or on the grounds of their school or college. This data will be based on the definition of “hate crime” under NYS Penal Law 485.05 and will be available on each school or college’s website. Each school or college will provide both the website address for the U.S. Department of Education’s campus crimes statistics and the link to the U.S. Department of Education’s statistics for their school or college. In addition, each school or college will continue to provide a webpage with a link to their Annual Security and Fire Safety Report. The Annual Security and Fire Safety Report contains statistics regarding crimes that are compiled from campus incident reports, reports from designated security authorities, and reports from local NYPD precincts.
Prevention and Education Efforts
Incoming students will receive training on hate crimes prevention measures through programs that promote discussion, encourage reporting, and facilitate prevention of such incidents. Incoming students will also be informed of campus crime statistics and campus safety policies and procedures during the onboarding process. CUNY’s Advisory Committee on Campus Security will continue to review campus security policies and procedures for educating CUNY students, staff, and faculty about reporting and preventing hate crimes.
Counseling and Support Services
Anyone who is a victim of a bias-related crime is encouraged to seek counseling from a trained mental health professional. Experienced counselors, trained to assist with the consequences of bias-related crime and/or bias-related crime trauma, are available through the college’s Personal Counseling Center (0203 James Hall, 718.951.5363, bcpersonalcounseling@gmail.com), which offers free and confidential mental health services to all Brooklyn College students. You may also contact Student Affairs (2113 Boylan Hall, 718.951.5352, studentaffairs@brooklyn.cuny.edu) if academic accommodations are needed. Staff and faculty can get free short-term counseling assistance through the CUNY Work/Life program (800.833.8707, www.myccaonline.com, Company Code: CUNY).
If you believe you are experiencing or have experienced discrimination or harassment, as defined in CUNY’s Equal Opportunity and Non-Discrimination Policy, feel free to report this conduct through the CUNY’s Discrimination and Retaliation Reporting Portal. If you have any concerns about your safety, contact campus Public Safety.