Prohibited Bias and Discriminatory Harassment Policy

The University is committed to having a campus environment free from all bias, hate crimes, and harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national or ethnic origin, physical or mental disability, marital or veteran status or any other characteristic protected by state or federal laws (characteristics collectively referred to as “Protected Characteristic”). Bias and discriminatory harassment are prohibited in the campus environment, including all academic, athletic, and school-sponsored activities, and the University may be legally required to investigate both informal and formal complaints of discriminatory harassment. Where discrimination and/or harassment is found to have occurred, the University will take appropriate action to prevent recurrence of harassment and to correct its discriminatory effects, if appropriate.

Hate crimes, or bias related crimes, are a violation of the New York Penal Law and other laws of the State of New York, as well as the general regulations of the University. In addition to being subject to criminal prosecution as set forth more fully below, any student who engages in a bias-related or hate crime may be removed from the campus and, where appropriate, shall be subject to suspension, expulsion, or other disciplinary action. The University reserves the right to report certain acts of misconduct committed on University property to the appropriate civil authorities, including any criminal conduct in violation of the laws of the State of New York or federal statute.

Any student who commits, aids, or attempts to commit any of the acts prohibited by this Policy on University property or during the course of a University activity is subject to disciplinary action under the procedure set forth below.

For reports of alleged discriminatory harassment by a faculty member, other University employee, or other non-student, consult the procedures set forth in the University’s Harassment Policy, available at hofstra.edu/harassment. Students may report these matters through the University’s online reporting hotline at hofstra.edu/ethicspoint or to the vice president for human resources & chief human resources officer, who is the title IX coordinator for employee matters, and who can be reached at 516-463-6859 or HumanResources@hofstra.edu. Where a report of alleged discriminatory harassment falls under the jurisdiction of the Title IX Grievance Policy, consult the procedures set forth in the Title IX Grievance Policy in the Guide to Pride.

The following offenses are prohibited under this Policy:

Hate Crimes/Bias-Related Crimes. Hate crimes are criminal acts, including acts of violence, intimidation, or destruction of property, based upon bias and prejudice. Under the New York State Penal Code, a person commits a hate crime whenan individual commits a specified offense and either (a) 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, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or (b) 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, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct. In addition to discipline under this Policy, the New York State Penal Code, including the Hate Crimes Act of 2000, subjects bias-related and hate crimes to criminal prosecution and severe punishment.

Bias-Motivated Interaction or Contact. Bias-motivated interaction or contact is behavior, whether physical or verbal, or in-person or through the use of electronics or by any other means, that is motivated by bias based on actual or perceived race, color, religion, sex, sexual orientation, gender, gender identity or expression, age, national or ethnic origin, physical or mental disability, or marital or veteran status, that has the effect of intimidating, taunting, humiliating, or otherwise impeding the rights of another individual.

Discriminatory Harassment. Discriminatory harassment is verbal, nonverbal, expressive, or physical conduct that denigrates or shows hostility or aversion to an individual on the basis of that person’s Protected Characteristic and creates an intimidating, hostile, or offensive academic or residential environment or otherwise adversely affects the individual’s academic opportunities or participation in a University program, activity, or benefit. Hofstra’s definition of discriminatory harassment is interpreted and applied consistent with current legal standards, as well as accepted standards of mature behavior and objective reasonableness. 

Examples include:

•  Verbal abuse, insults, or ridicule based on a person’s disability

•  Displaying or distributing offensive materials, pictures, or toys that denigrate or show aversion to an individual or group based on religion

•  Unwanted flirtations, advances, or propositions of a sexual nature

•  Threatening or intimidating an individual because of their national origin

•  Stereotyping or using slurs or epithets because of an individual’s or group’s race

•  Other adverse treatment because of a Protected Characteristic

Procedure

Any member of the University community may initiate a complaint against a student who is believed to have violated this policy after the incident takes place, by filing a report on the University’s online reporting hotline or by filing a report with the Department of Public Safety by calling 516-463-6606 or by visiting the David S. Mack Public Safety and Information Center on the southeast corner of Hempstead Turnpike and California Avenue. You may contact the Dean of Students Office at 516-463-6913 for assistance with filing a complaint. Reports of bias or harassment on the basis of sex may also be made to the  Title IX Coordinator for Student Issues, Brittany Rhoden, who can be reached at StudentTitleIX@hofstra.edu, 516-463-5841, Room 127 Wellness and Campus Living Center.

Upon receipt of a complaint of a violation of this Policy, the University may take interim steps to protect reporting individuals and the larger University community as necessary, pending the outcome of the conduct process. Interim measures may include no-contact orders and interim suspension. The University will ensure that alleged victims of hate crimes and/or harassment are informed of their rights and have the opportunity to discuss available resources.

Complaints of violations of this Policy will be investigated and adjudicated in accordance with the Student Conduct Process, and University student or employee complainants also have all the rights listed under “Rights of a Student Charged” as outlined under the Student Conduct Process. The Department of Public Safety will conduct an initial investigation. If there are grounds for disciplinary action, Community Standards will then proceed with the investigatory procedures as outlined under the Student Conduct Process until a resolution is reached. If a hearing occurs, both parties will receive written notice of the outcome of the hearing, and the complaining student will have the same ability as the student charged to submit an appeal, in accordance with the appeal procedures described in the Student Conduct Process. All appeals will be conducted by an impartial decision-maker, in accordance with the above-referenced procedures. 

Retaliation

No individual shall be penalized or retaliated against by a member of the University community for their participation in the investigation or disciplinary process related to a report made under this Policy. Retaliation is defined by applicable federal laws, including Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964. Any such retaliation constitutes a further violation of this Policy, to be adjudicated under these procedures.

False Reports

Reports of discriminatory harassment cannot always be substantiated due to the nature of the offenses. Lack of corroborating evidence should not discourage any person from seeking relief through the procedures in this policy. However, reports found to have been intentionally dishonest or made maliciously or without regard for the truth will constitute a violation of this policy.

Sanctions and Remedies

Students found responsible for a violation are subject to sanctions as set forth under the “Sanctions” section of the Code of Community Standards. The University will offer counseling and academic support services, as necessary and appropriate, to any person found to be subjected to harassment or bias, and where appropriate, counseling to the person(s) who committed the harassment.

Resources

Student Counseling Services. Students have access to mental health counseling through Student Counseling Services. Crisis intervention, initial intake, consultations, workshops, and psychoeducational groups are offered by Student Counseling Services. Any enrolled student is eligible to receive short-term individual counseling and participate in all programs, including workshops and psychoeducational groups, at no cost. Students in need of assistance can contact Student Counseling Services at 516-463-2273.

Public Safety. The Department of Public Safety is open 24 hours a day, 365 days a year, to assist students and staff. You can reach Public Safety at 516-463-6606 or by visiting the David S. Mack Public Safety and Information Center on the southeast corner of Hempstead Turnpike and California Avenue. In an emergency, call 516-463-6789.

Student Access Services. Students with questions or concerns about disability-related issues, or in need of assistance with filing a disability-related complaint, may contact the director of Student Access Services at 516-463-7075 or SAS@hofstra.edu or by visiting Suite 107 Mack Student Center.

Vice President for Equity and Inclusion . The vice president for equity and inclusion provides vision and leadership in promoting an institutional culture that values and supports diversity and inclusion. You can contact the vice president for equity and inclusion at 516-463-6857 or equity@hofstra.edu.