Policies

Office of Human Resources



Bias Related Crimes Policy


Legacy Policy



STATEMENT OF PURPOSE:

Utica College is committed to the maintenance of an environment that is supportive of its primary educational mission and free from exploitation and intimidation. The college will not tolerate actions of hatred based upon bias and prejudice of any type.

SCOPE:

This policy applies to all members of the Utica College community including visitors to the campus and employees of vendors and contractors.

POLICY:

"Hate crimes" are defined in New York State Penal Law Article 485. Actions of hatred based upon bias and prejudice of any type will not be tolerated.

DEFINITION:

Said acts include, but are not limited to, acts involving violence, intimidation and destructions of property based upon bias and prejudice where victims are intentionally selected, in whole or impart because of their race, color, national origin, ancestry, gender, religious practice, age, disability, or sexual orientation.

PROCEDURES TO ADDRESS ALLEGATIONS OF HATE CRIMES:

Any employee, faculty or staff found to have acted based upon hatred, bias or prejudice shall be subject to disciplinary action set forth in the grievance procedure, or in the contract between Utica College and the American Association of University and College Professors (AAUP), including but not limited to, immediate suspension or dismissal. Resolution of charges may differ depending upon whether the individuals involved are students or employees of the College. Complaints against College employees will be forwarded to the Office of Human Resources for resolution within the appropriate College grievance procedure systems.

INVESTIGATION:

The Office of Campus Safety shall investigate all complaints and allegations of violations of applicable laws, ordinances and regulations of hate crimes made by any student, employee, invitee, or visitor to the campus or Utica College property and provide support for said external prosecution of the alleged offenders in the appropriate external judicial forums as permitted by and subject to the mandates of applicable federal, state, and local laws, including, but not limited to, the Family Educational Rights and Privacy Act ("FERPA").

RESPONSIBILITY:

It is the responsibility of the employee or student to notify the Director of Campus Security. Once notified, it is the responsibility of the College to work with the complainant to take appropriate action and notify the complainant of the results of any formal intervention to the degree possible.

ENFORCEMENT:

Enforcement of Utica College policies is the responsibility of the office or offices listed in the “Resources/Questions” section of each policy. The responsible office will contact the appropriate authority regarding faculty or staff members, students, vendors, or visitors who violate policies.

Utica College acknowledges that College policies may not anticipate every possible issue that may arise. The College therefore reserves the right to make reasonable and relevant decisions regarding the enforcement of this policy. All such decisions must be approved by an officer of the College (i.e. president, vice president for academic affairs, or vice president for financial affairs).

RESOURCES/QUESTIONS:

The College has in place an Employee Assistance program for counseling and referral services for its employees if additional assistance is needed. For any questions or additional information, please refer to the following resources:
  • NYS Penal Law Article 485
  • Office of Human Resources
  • Employee Handbook
  • Faculty Handbook
  • AAUP contract
Please note that other Utica College policies may apply or be related to this policy. To search for related policies, use the Keyword Search function of the online policy manual.



Effective Date:
09/06/2005