Bias Education and Response

A bias incident at Hartwick College includes a broad range of conduct that can be verbal, non-verbal, written, or physical conduct that harms, discriminates or harasses anyone in our community.

Examples: racial slurs, microaggressions, degrading language, graffiti of offensive words or pictures, etc.

Federal Law: Under the Jeanne Clery Campus Safety Act (Clery Act), hate crimes are committed by any of the following crimes that are motivated by bias:

Criminal Homicide, including Murder and Non-negligent Manslaughter, and Manslaughter by
Negligence; Sexual Assault, including Rape, Fondling, Incest, and Statutory Rape; Robbery;
Aggravated Assault; Burglary; Motor Vehicle Theft; and Arson. Any of the above-mentioned
offenses, and any incidents of Larceny-Theft, Simple Assault, Intimidation, or
Destruction/Damage/ Vandalism of Property.

New York State: It is a criminal act involving violence, intimidation, and destruction of property based upon bias and prejudice. As defined by Article 485 of the New York Penal Law, a hate crime is when a person commits a specified offense and either:

1. intentionally selects the person against whom the offense is committed or intended to be
committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of a person, regardless of whether the belief or perception is correct; or

2. intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation of a person, regardless of whether the belief or perception is correct.

Hartwick College’s Title IX, Bias, Discrimination, and Harassment Policy defines discrimination and discriminatory harassment as follows:

Discrimination: Unequal or disparate treatment on the basis of a protected characteristic or status as defined in the Notice of Nondiscrimination section of this Policy. In limited circumstances, differential treatment based on protected characteristics may be required or permitted by law and, in those circumstances, is not subject to a violation of this Policy.

Discrimination occurs when any distinction, preference, advantage for, or detriment to an
individual compared to others that is based on an individual’s actual or perceived protected status that adversely affects a term or condition of an individual’s employment, education, living environment, or participation in a college activity, or is used as the basis for or a factor in decisions affecting that individual’s employment, education, living environment, or participation in a college activity.

Discriminatory Harassment: Unwelcome or offensive conduct that occurs on the basis of a protected characteristic or status as defined in the above Notice of Nondiscrimination section of this Policy, when a reasonable person would consider such conduct to be severe, pervasive, or objectively offensive. The College reserves the right to respond to unwelcome, offensive conduct that is inconsistent with the College’s community and professionalism standards, even if it does not rise to a violation of any applicable law.

Examples: Unwelcome jokes or comments about the legally protected characteristic (e.g., racial or ethnic jokes), negative or offensive remarks or jokes about a person’s religion, physical attacks or threats of violence, etc.

Retaliation means harassing, intimidating, or taking adverse actions against an individual who has made a report, filed a formal complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under Hartwick College’sTitle IX, Bias, Discrimination, and Harassment Policy.

Retaliation includes any action by an employer or supervisor that punishes an individual upon learning of a harassment claim, that seeks to discourage a worker or covered individual from making a formal complaint or supporting a sexual harassment or discrimination claim, or that punishes those who have come forward. These actions need not be job-related or occur in the workplace to constitute unlawful retaliation. For example, threats of physical violence outside of work hours or disparaging someone on social media would be covered as retaliation under this policy. Retaliation against an individual or group who has engaged in “protected activity” is prohibited under this Policy.

Protected activity occurs when an individual or group has:

• Made a complaint of prohibited bias, discrimination, or harassment, either internally or with any government agency.
• Testified or assisted in a proceeding involving prohibited bias, discrimination, or harassment.
• Opposed prohibited bias, discrimination, or harassment.by making a verbal or informal report to the College or an external agency.
• Encouraged someone to report prohibited bias, discrimination, or harassment to the College.