A Hate Crime is criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
HATE CRIMES BIAS CATEGORIES
Under the Clery Act, the possible bias categories are Race, Religion, Sexual Orientation, Gender, Gender Identity, Ethnicity, National Origin, Disability.
Race: A preformed negative attitude toward a group of persons who possess common physical characteristics (e.g. color of skin, eyes, and/or hair; facial features, etc.), genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind.
Religion: A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being.
Sexual Orientation: A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual Orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same and/or opposite sex.
Gender: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender.
Gender Identity: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity (e.g. bias against transgender or gender non-conforming individuals).
Ethnicity: A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term “race” in that “race” refers to grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors.
National Origin: A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.
HATE CRIMES – OFFENSES
For Clery purposes, Hate Crimes include any of the following offenses that are motivated by bias:
Murder and Non-negligent Manslaughter, Sexual Assault (Sex Offenses), Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Arson, Larceny-Theft, Simple Assault, Intimidation, Destruction/Damage/Vandalism of Property.
Larceny (Theft), Simple Assault, Intimidation, and Destruction/Damage/Vandalism of Property are included in Clery Act statistics only if it is committed as a hate crime (motivated by the perpetrator’s bias against the victim on the basis of race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, and/or disability).
Larceny (Theft) is the unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another. Constructive possession is the condition in which a person does not have physical custody or possession but is in a position to exercise dominion or control over a thing.
Simple Assault is the unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
Intimidation is to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. This includes cyber-intimidation if the victim is threatened via electronic means while on campus, on public property immediately adjacent to campus, or on University owned, leased, or controlled space that is not on campus.
Destruction/Damage/Vandalism of Property is to willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.