Security Policies

• Nondiscrimination Policy
• Sexual Harassment Policy
• Sexual Assault and Rape
• Registered Sex Offenders
• Peer Harassment Statement
• Other Forms of Harassment
• Hazing Policy
• Alcohol Policy
• Campus Policies
  
• Controlled Substance Policy
• Policy on Computer Use
• Guidelines for Posting
• Smoking Policy
• Judicial Sanctions for Alcohol & Drug Policy Offenses
• Bias Related Crime

 

Nondiscrimination Policy

It is the policy of Nazareth College not to discriminate on the basis of race, color, religion, sex, sexual orientation, national or ethnic origin, age, marital or veteran status disability, carrier status, genetic predisposition or any other protected status in the admission of students to the college; in any of the rights, privileges, programs, and activities generally accorded or made available to students at the college; in the administration of its educational policies, admission policies, scholarships and loan programs, and athletic and other programs administered by the college; or in the employment practices of the college.

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Sexual Harassment Policy

It is the policy of Nazareth College, in keeping with efforts to establish an environment in which the dignity and worth of all members of the institutional community are respected, that sexual harassment of students and employees at Nazareth College is unacceptable conduct and will not be tolerated. Sexual harassment may involve the behavior of a person of either sex against a person of the opposite or same sex, when that behavior falls within the following definition:

Sexual harassment of employees and students at Nazareth College is defined as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or
2. Submission to or rejection of such conduct is used as the basis for employment or other decisions affecting that individual, or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or educational experience, or creates an intimidating, hostile, or offensive work or educational environment.

Faculty, staff, or students who feel that they have been sexually harassed under the above definition and wish further information or assistance on the informal or formal complaint procedures, or who have questions concerning this policy on sexual harassment, should contact Carol O'Neill, Director of Human Resources, or Mike Lawrence, Vice President of Student Development. Your confidentiality will be respected.

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Sexual Assault and Rape

Nazareth College is committed to educating the campus community about the common circumstances which can lead to sexual assault and rape, possible prevention strategies, and available victim support services. Concerned staff from the Campus Safety Department and Student Development area are instrumental in providing these important training programs and support services to the Nazareth College community. In dealing with sexual assault or rape on campus, Nazareth College strongly encourages the full prosecution of all local, state, and federal laws.

In New York State it is a crime to engage in sexual intercourse or "sexual contact" with any person without that person's consent. Sexual contact is commonly referred to as "inappropriate touching." State laws require that both individuals involved in sexual relations must give consent, and that neither individual be defined as having any "mental or physical incapacity" that would impair judgment.

In dealing with victims of a crime or violation, Nazareth College will offer all available support and referral services which may be appropriate. Victims may choose to report the incident to Campus Safety, Student Development, or Residential Life, to initiate any criminal and/or disciplinary action. Victims also have the option to receive personal support from other appropriate college resources such as the Counseling Center.

When selecting any of these options, victims can expect:

• to be treated with respect
• to have confidentiality maintained (within the bounds of the law and college policy)
• to have college or criminal proceedings fully explained
• to receive prompt relocation in campus housing, if desired, and
• to receive referral information for support services.

If college disciplinary action is initiated, the victim can expect:

• to be notified of all scheduled disciplinary proceedings
• to have an advisor or support person present
• to be informed of the general outcome of the hearing, and to receive college cooperation in using college procedures to deter harassment or retribution following a disciplinary action.

Suggestions on How to Avoid Acquaintance Rape

Know what you want sexually; set sexual limits; don't give mixed messages.

• Trust your "gut feelings" about situations to avoid.
• Be clear and responsible in your communications with others.
• Be forceful, firm and assertive.
• Be aware of nonverbal cues that can alert you to a problem.
• In communicating your unwillingness to engage in an activity, reject the activity, not the person.
• Remember that silence is not consent.
• Don't assume the other person knows what you do or do not want.
• Use the buddy system: Watch out for your friends.
• Don't lose control. Alcohol and other drugs affect your judgment.
• Avoid secluded places at the the beginning of relationships
• Do not assume that if you are with a friend or an acquaintance nothing bad will happen.
• Devise an action plan in advance for what you will do if confronted with a situation of possible acquaintance rape. Remove yourself from the situation at the first sign that you are feeling controlled or unsafe.
• Become comfortable with the idea that you may have to be "rude," make noise, yell, etc., to remove yourself from a possible acquaintance rape situation. Do not worry about hurting the other person's feelings.

Suggestions Related to Date Rape Drugs

• Never go to a bar, party, or social event alone.
• Use the buddy system. Do not leave your friends.
• Get your own drink.
• Watch your drink being poured and do not leave it unattended.
• Don't drink from a large, open container, like a punch bowl.
• Don't drink anything that has an unusual taste, especially a salty taste.
• Don't share drinks.
• Warn others about high-risk situations.

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Registered Sex Offenders

The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act set the requirements for sexual offender registration and community notification. The Campus Sex Crimes Prevention Act of 2000 provides for the tracking of convicted sex offenders, already required to register in a State, to provide notice of each institution of higher education in the State at which that person is employed, carriers on a vocation, or is a student. This registration is to be made available to law enforcement agencies with jurisdiction where the institutions of higher education are located. Institutions of higher education are required to issue a statement advising the campus community where law enforcement agency information, provided by the State concerning registered sex offenders, may be obtained. This will be a requirement within the institution's annual safety report, effective October 1, 2001.

The Act amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify that nothing in the Act can prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders.

Persons seeking to obtain sex offender registration information may contact the Monroe County Sheriff's Department at the following web site address: monroecountysheriff.info/ (click on the NEIGHBORHOODS link and choose SEX OFFENDERS).

You may also obtain information on high risk (level 3) registered sex offenders by visiting the New York Department of Criminal Justice Services' Sex Offender Registry at the following web site address: criminaljustice.state.ny.us/nsor. For more information, you can contact the NY DCJS Sex Offender Registry at (518) 457-6236.

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Peer Harassment Statement

The Nazareth College community is dedicated not only to learning but also to the development of sensitive and responsible persons. Because the college prepares individuals for participation in an increasingly diverse world and its institutions, the climate of college life must be one in which academic freedom prevails along with respect for and tolerance of cultural, ethnic, and racial differences; religious preferences; sexual orientation; variations in age; and people with disabilities.

Nazareth College seeks to achieve these goals through educational programs and policies. Harassment based on these differences is clearly in conflict with the general mission of the College, and is strictly prohibited. In addition, some forms of harassment may violate New York's criminal statutes and, depending on the situation, may violate other state and federal laws as well.

Peer harassment includes verbal, physical, or written abuse directed toward an individual or group on the basis of race, color, creed, national origin, religious preference, sexual orientation, age, or disability. This includes using remarks, language, illustrations, or electronic messages in cyberspace that deprecate or offend a person based on his or her ethnic background, race, religion, sexual orientation, age, or disability. All are damaging.

While some examples of harassment such as physical and verbal assaults are easily identified, more frequent and generalized instances such as blatant and subtle graffiti and insensitive use of language including epithets and humor often go unacknowledged. All types of harassment based on individual differences are unacceptable and will be subject to disciplinary sanctions.

Any member of the college community who feels he or she has been harassed should contact the Director of Human Resources, the Vice President for Student Development, or any of the Colleges Human Relations Advisors for concerns of discrimination and victimization.

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Other Forms of Harassment

Stalking

Stalking is considered a form of harassment. It occurs when a person engages in a course of conduct directed at a specific individual that is likely to cause such individual to have a reasonable fear of harm to his or her physical or emotional health, safety or property. Such conduct may include, but is not limited to: repeatedly engaging in contact or communication (including, but not limited to, face-face communication, telephone calls or messages, electronic mail, written letters, unwanted gifts, or threatening or obscene gestures); surveillance; following; trespassing; or vandalism.

Discriminatory Harassment

Harassment or intimidation of another person, limiting another person's right to equal opportunity or otherwise denying another person equal treatment because of his or her race, color, religion, sex, sexual orientation, national or ethnic origin, marital or veteran status, disability, carrier status, genetic predisposition or any other protected status is prohibited.

Grievance Procedures For Discrimination and Harassment Complaints

Faculty, staff, and students who want further information or assistance in discussing or filing a complaint of harassment or discrimination on the basis of race, color, religion, sex, sexual orientation, national or ethnic origin, age, marital or veteran status, disability, carrier status, genetic predisposition, or any other protected status should contact any of the Human Relations Advisors. These advisors will assist in trying to resolve the problem informally and/or explain the steps of the formal grievance procedure. You may also contact the Director of Human Resources for assistance.

Threat Assessment Team

1. The Threat Assessment Team will be chaired by the Director of Campus Safety and will include the Vice President for Student Development, Director of Multicultural Affairs, Director of Counseling Services and two faculty members appointed by the Faculty Executive Committee for a three year term. Upon establishment of the Threat Assessment Team, the entire team will receive training in threat assessment. In addition, there will be ongoing training for the Team and any new members.
   
   
2. The Threat Assessment Team will be convened whenever any member of the Team feels there are serious safety issues concerning an incident, on or off campus, involving members of the campus community. An approved meeting must have at least three members in attendance. If the Team is convened with only three members, an attempt will be made to ensure that the three members are a diverse body. When the safety of a student, faculty or staff member is at issue, the Vice President for Student Development is always authorized to make whatever decisions he or she deems necessary with or without convening the Threat Assessment Team.
   
   
3. Whenever the Threat Assessment Team convenes as a result of a situation as described in subparagraph b above, the Team will immediately assess the situation and decide what steps will be taken to address the safety issues presented by the incident. For example, it may be necessary to immediately remove the alleged perpetrator from the campus until a judicial hearing can be convened. Within 24 hours of convening and making such decisions, a representative of the Threat Assessment Team will meet with the alleged perpetrator in order to gather additional information regarding the extent of the safety issues involved in the incident and advise the alleged perpetrator of any decision that immediately impacts him or her. In addition, within 24 hours of convening, a representative of the Team will meet with the alleged victim in order to gather additional information regarding the extent of the safety issues. If requested by the alleged victim, the representative of the Team will advise him or her of the College's judicial procedures and available campus resources.
   
   
4. The Chair of the Threat Assessment Team will notify the involved parties of the decision of the Team regarding what further actions will take place concerning the safety issuescreated by the incident.
   
   
5. Following the completion of its role in connection with each incident acted upon by the Threat Assessment Team, the Team will convene to debrief the entire incident.
   
   
6. The work of the Threat Assessment Team relates solely to assessing and addressing serious safety issues concerning an incident, on or off campus, involving members of the campus community. It does not supersede, supplant or replace the College's judicial procedures.

Human Relations Advisors

• Dr. Frederica Amstey Director of Counseling Services, Assistant to V.P. for Student Development ext. 2887
• Ms. Lisa Durant-Jones Assistant Professor Communications Sciences & Disorders Department ext. 2775
• Mrs. Jane Kelly Director of Student Activities ext. 2320
• Mr. Mitchell Messina Associate Professor, Department of Art ext. 2530
• Dr. Joseph Schaller Assistant Professor, Religious Studies ext. 2764
• Mrs. Gaynelle Wethers Director of Multicultural Affairs ext. 2008
• Dr. Edward Wiltse Assistant Professor, English Department ext. 2646

Student Advisors:

Nkechi Jelks njelks1@naz.edu

Inquiries concerning the application of this policy prescribed by Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973 may be directed to the Director of Human Resources, Nazareth College, 4245 East Avenue, Rochester NY, 14618-3790, (585) 389-2060, who has been named to coordinate the responsibilities under Title IX and Section 504.

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Hazing Policy

New York State law and Nazareth College policies forbid hazing, and any violations will be reviewed by the Chair of the Judicial Hearing Board. Behavior prohibited under this law includes actions threatening substantial risk of physical or mental injury; actions exposing the individual to distressing, repulsive, or alarming situations or sensations; forced consumption of liquor or drugs; actions insulting or embarrassing another individual; and actions in the form of social pressure which might cause harm to an individual, regardless of their willingness to participate.

Generally, New York State law provides that (1) A person is guilty of hazing in the first degree when, in the course of another person's initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury, and (2) A person is guilty of hazing in the second degree when, in the course of another person's initiation or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person.

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Alcohol Policy

The unauthorized possession, use, or distribution of alcoholic beverages on or in college property is a violation of the Student Conduct Code. College policy, consistent with State laws, confines on-campus use of alcoholic beverages by persons of legal age (21 years and older in the State of New York) to specified areas. This Code also prohibits misrepresentation of age to obtain alcoholic beverages.

The College enforces all state laws or regulations that regulate and control the sale or use of alcohol as follows:

Alcoholic Beverage Control Law

Section 65. Prohibited Sales. No person shall sell, deliver, give away or cause or permit to procure to be sold, delivered or given away any alcoholic beverage to:

l. Any person, actually or apparently, under the age of 21;

2. Any visibly intoxicated person or to any person, actually or apparently, under the influence of alcohol;

3. Any habitual drunkard known to be such to the person authorized to dispense any alcoholic beverages.

Section 65A. Procuring alcoholic beverages for person under the age of 21.

Any person who misinterprets the age of a person under 21 for the purpose of inducing the sale of any alcoholic beverage, as defined in the alcoholic beverage control law, to such person, is guilty of an offense and upon conviction thereof shall be punished by a fine of not more than $200, or by imprisonment for not more than five days, or by both such fine and imprisonment.

Section 65B. Offense for one under the age of 21 to purchase or attempt to purchase an alcoholic beverage through fraudulent means.

No person under the age of 21 who presents or offers to any licensee under the alcoholic beverage control law, or to the agent or employee of such licensee, any written evidence of age which is false, fraudulent, or not actually his own, for the purpose purchasing or attempting to purchase any alcoholic beverage.

Section 11-100 of the General Obligation Law Compensation for injury and damage caused by the intoxication of a person under the age of 21.

Any person who shall be injured in person, property, means of support, or otherwise by the reason of the intoxication or impairment of ability of any person under the age of 21, whether resulting in his death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such a person was under the age of 21.

Summary

These sanctions of the state laws make it illegal for persons under the age of 21 to acquire alcoholic beverages.

There are also state and local regulations concerning open beverage containers in public areas. Open containers of alcoholic beverages are not permitted in motor vehicles. Area parks have special ordinances that prohibit open containers on roadways and in parking lots. Amounts of beverages allowed in parks are limited. If you are planning an event for one of the parks, be sure to check with the appropriate agency (city or county parks department) before assuming that you may have alcoholic beverages at the event. Open containers of alcoholic beverages are not permitted in or around public schools. Additionally, state and county enforcement of the law related to driving while intoxicated (DWI) is among the most stringent in the nation. First-time offenders can expect to be prosecuted fully as misdemeanor criminals with all the attendant fines, penalties, and civil ramifications.

In compliance with this law, Nazareth College recognizes the freedom of choice of each community member - student, faculty and staff - to exercise personal responsibility with respect to making informed decisions regarding the use or non-use of alcoholic beverages. With this in mind, the following campus regulations shall apply in relation to the law.

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Campus Policies

1. Possession and consumption of alcoholic beverages is prohibited on campus grounds and in buildings except where noted below.
2. The sale and/or distribution (including the giving away) of alcoholic beverages to persons under age 21 on the Nazareth College campus is prohibited.
3. It is a violation of Nazareth College policy for any persons under age 21 to procure or possess alcoholic beverages.
4. Procedures for obtaining college approval to use campus facilities for events where alcoholic beverages will be served are available at the Information Center, Shults Center, and the Parkhurst Food Services Office.
5. Alcoholic beverages in serving containers greater than 32 ounces (e.g., beer kegs and beer balls) are prohibited except at Parkhurst catered events and at the discretion of the Vice President for Student Development.
6. The College recognizes Parkhurst as the sole possessor of a catering/liquor license. Therefore, the public selling and/or dispensing of alcoholic beverages anywhere on campus is restricted to Parkhurst personnel only.
7. Open containers of alcoholic beverages are prohibited from all corridors, lounges, stairwells, lobbies, parking lots, and grounds unless College approval was previously attained.
8. Student fees collected by the College and/or student organization and distributed through the Undergraduate Association will not be used for the purchase of alcoholic beverages.
9. Non-alcoholic beverages and food items must be made equally available at any program or event where alcoholic beverages are sold, distributed or consumed.
10. During all College or student sponsored events on campus, alcoholic beverages, where permitted, will be served only in an enclosed environment designated for each occasion.
11. Campus events which involve only persons 21 years of age and older and are catered by Parkhurst personnel do not need prior approval from the Vice President for Student Development or his designee.
12. Any person under the age of 21 is prohibited from presenting or offering any licensee under the alcoholic beverage control law, or to the agent or employee of such licensee, any written evidence of age which is false, fraudulent, or not actually his own, for the purpose of gaining admission to an event where alcohol is being served or purchasing or attempting to purchase any alcoholic beverage.
13. Nazareth College members - faculty, staff, and students - who are found in violation of New York State law and campus policy pertaining to the sale, distribution, possession, or consumption of alcoholic beverages will be subject to possible parental notification, disciplinary action, and/or criminal prosecution.

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Controlled Substance Policy

(This policy applies to all faculty, staff and student employees of Nazareth College)

I. Policy

The College is committed to maintaining a drug-free environment. In accordance with the Drug-Free Workplace Act of 1988, the College prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance (drugs) in and on Nazareth College owned or controlled property.

II. Guidelines

A. Sanctions for Violation on Non-compliance: The College will impose action in accordance with its discipline policy and/or require satisfactory participation in a drug rehabilitation program by any faculty member, staff member, or student employee who has violated any provision of this policy.

B. Compliance as a Condition of Employment: Compliance with the provisions of this policy shall be a condition of employment at Nazareth College.

C. Employee Obligation for Notification of Conviction: In order to comply with federal law, any faculty member, staff member, or student employee convicted of any criminal drug statute violation occurring in or on the workplace premises is required to notify the employer within five (5) calendar days following such conviction.

D. Employer Obligation for Notification: The College is obligated to notify the appropriate federal granting agency within ten (10) days of having received notice of an employee conviction as described in C above.

E. Maintenance of a Drug-Free Workplace: Good faith efforts on the part of the College to establish and maintain a drug-free workplace will include providing ongoing drug awareness educational programs and dissemination of drug awareness information for all members of the college community, as well as implementation and strict enforcement of this policy.

III. Procedures

1. The College will notify each faculty member, staff member, and student employee of this policy, as well as those newly hired, emphasizing the obligation for compliance as a condition of employment.
   
   
2. Any faculty or staff member convicted of any criminal drug statute violation which has occurred in or on the workplace premises will provide the appropriate academic officer or supervisor with notification, preferably written, of such conviction indicating any resultant conditions, within five (5) calendar days of conviction. Student employees shall notify the Vice President for Student Development.
   
   
3. An academic officer, supervisor, or student employment official having knowledge or receiving notification of a conviction, as described in B above, shall immediately provide, in writing, notice to the Director of Human Resources (or designee).
   
   
4. The Nazareth Substance Abuse Education Committee, in conjunction with the Human Resources Department, will offer on-going drug education and awareness programs for the college community, as well as provide drug informational materials. Faculty, staff, and students are expected to avail themselves of these programs.
   
   
5. This policy will be maintained as a permanent part of the Staff Personnel Policy Manual, Faculty Policy Manual, and Student Handbook.
   
   
6. Questions concerning this policy should be referred to the Human Resources Department; Student employees should refer questions to the Office of Student Development.

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Policy on Computer Use

Each student who has an account on a Nazareth College computer system, or uses a computer system at the college, must follow these general guidelines. A more complete policy on computer use is available from the Department of Information Technology (Smyth Hall room 85) or on the Department of Information Technology web page. Computer users are expected to read and comply with all aspects of this complete policy.

You are not permitted to:

• Give out your password;
• Use another person's account;
• Use any system for personal profit or gain;
• Create or distribute chain letters;
• Send/distribute threatening/harassing electronic messages; or
• Duplicate software/other intellectual property of another.

Violation of any of these policies can result in loss of computer privileges, academic suspension, or other disciplinary action, or action by outside law enforcement agencies.

In addition, all computers connected to the campus network in the Residence Halls, must have effective and up-to-date virus protection software installed and running.

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Guidelines for Posting

Notices, posters, or signs may be placed only on bulletin boards, approved posting areas on walls, or similar locations designated for such purposes. Notices, posters, or signs may not be placed on poles, posts, signs, trees, walls or buildings, doors, windows, glass, transparent partitions, or painted surfaces not marked as posting areas. Notices, posters, signs, etc. shall not be placed in manner or location that may obscure or mark exit signs, fire alarm boxes, safety rails, fire extinguisher cases, hand rails, and like devices installed as safety equipment in a building.

Banners may not be hung outdoors without the permission of the Director of Student Activities or the Director of Residential Life. Banners may not be hung in a manner which damages or defaces trees, shrubs, or buildings. Banners may not be placed on the exterior of buildings without specific approval of the building manager. It is the responsibility of the individual or organization hanging the banner to take it down by the date agreed upon.

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Judicial Sanctions For Alcohol & Drug (Controlled Substance) Policy Offenses

KNOW PROBLEMS...
NO PROBLEM

Judicial Sanctions may vary depending on severity and number of infractions of the Code of Student Conduct. These are general guidelines.

• First Offense
  • Letter From Area Director
  • Disciplinary Probation
• Second Offense
  • $50 Fine *
  • Deferred Removal From Residence Halls or the College**
  • Parental/Guardian Notification
  • Alcohol Education / Substance Abuse Referral
• Third Offense
  • Suspension From Residence Halls or the College
  • Possible Referral to Judicial Hearing Board
• You're Out

Caution
DON'T BE OFFENSIVE

* $50 Fine refers to single-serving container(s) violation(s). Multiple-serving containers will carry larger fines: $100 for "beer balls", $150 for kegs or other containers, regardless of which level of offense it may be for the individual

** Deferred Removal may result after the first offense if the violation of college policy warrants a stronger sanction.

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Smoking Policy

Nazareth College has the responsibility of providing and maintaining a safe and healthy work environment. Effective May 10, 1993, Nazareth College adopted the following policy:
Smoking is prohibited in all College vehicles and buildings. In addition, smoking is prohibited in the tunnel system as well as the Cloister Walk between Smyth Hall and the Shults Center or within 20 feet of exterior building doors. In March of 2003, New York State passed new legislation that increases the prohibitions on smoking. The policies of the College will change as necessary to comply with the law.

 

Posting Requirements

Signs are posted at all College building entrances or as required by local regulations, advising that smoking is prohibited in all areas of the facility. Departments should post this policy, and provide a copy of the detailed policy statement to prospective staff or faculty members.

Responsibilities

Self-enforcement is expected in complying with these regulations; if necessary, supervision and management are responsible for the administration of this policy. Questions or additional information concerning the smoking policy should be referred to the Human Resources Department.

Disciplinary Process

Faculty, staff, and students who fail to comply with the smoking requirements of both Monroe County and Nazareth College will be subject to appropriate disciplinary procedures.

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Bias Related Crime

Bias related crimes on college campuses have been of increasing concern to campus administrators and law enforcement officials alike. Bias related crime is a very serious matter, and a direct violation of Nazareth College Statement on Respect and Diversity, i.e. "respect for the dignity of all people is an essential part of the college's tradition and mission, and its vision of the future." New York state and federal laws have recently further defined bias crimes and significantly increased the punishments to those that perpetrate these crimes.

New York State's Hate Crimes Act of 2000 (Penal Law, Section 485) has increased the criminal penalties for most significant crimes; including criminal mischief, criminal trespass, harassment, stalking, assault, arson, robbery, burglary, stalking, rape, criminal sexual assault, and others, if the crime was also classified as a "hate crime." A "hate crime" occurs where the victim was selected on the basis of race, color, national origin, ancestry, gender, religion, religious practice, old age, disability or sexual orientation. For example, the maximum sentence for a first conviction of a non-violent felony increases from 3 to 6 years, if the victim was selected based on his/her sexual orientation.

New York state laws also define specific crimes with respect to bias. In particular, under the New York Civil Rights Law (Section 40-c) a person or entity that commits the crime of ordinary harassment is guilty of a class-A misdemeanor (punishable by up to one year in jail), if the victim was harassed because of his or her race, creed, color, national origin, sex, marital status, sexual orientation or disability.

Similarly, the crimes of aggravated harassment in the first and second degrees (NYS Penal Law Section 240) are committed when the harassment occurred because of a belief or perception about the victim's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. First-degree aggravated harassment is a felony, punishable with imprisonment for a year, even for a first offense.

The Federal Sentencing Guidelines (18 USC Appendix 3A1.1), applicable to those who commit federal crimes, also provide for significantly increased prison terms for crimes if they are perpetrated on people, or their property because of the victim's race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation.

United States Congress has also defined special hate-based crimes in the Federal criminal code (18 USC Sections 245, 247). It is a federal offense to use force, or the threat of force to willfully injure, intimidate or interfere with someone (or a class of people) from exercising or enjoying certain federal rights, such as voting, running for office, or applying for a federal job. Those rights include enjoying the benefits of any program or activity receiving Federal assistance, of which Nazareth College is a recipient. It is also a federal offense to intimidate someone from participating, without discrimination on account of race, color, religion or national origin, in any of those federally protected rights or benefits. Federal law also makes it a crime to deface, damage or destroy religious places because of their religious character or because of the race, color or ethnic characteristics of anyone associated with that property. These hate-based federal crimes can all result in fines and up to a year of imprisonment, and if dangerous weapons, injuries, sexual abuse, kidnapping, death or other violent elements are involved, prison sentences can be much longer, and punishment can even include the federal death penalty.

How to Report a Bias Related Crime

1. Students should contact the Department of Campus Safety (389-2850) or the Vice President of Student Development (389-2880).
   
   
2. Staff members should contact the Department of Campus Safety (389-2850) or the Human Resources Office (389-2065).
   
   
3. Faculty members should contact the Department of Campus Safety (389-2300) or the Vice President of Academic Affairs (389-2011).

IN CASE OF EMERGENCY, immediately contact the Department of Campus Safety at 389-3333.

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