Middlebury
College
Department of Public Safety
Public Notice
April 16, 2007
This notice is to advise the college community of another homophobic graffiti incident. On April 13, 2007 between the 9:30 AM and 11:30 AM some one wrote “GOD HATES FAGS” on a student’s door in Starr Hall.
As you may know, over the past semester the college community has had several reports of homophobic graffiti. Public Safety is committed to resolving this issue and wants to make the College community aware of the Vermont State Law in reference to this behavior. We have included a copy of the law at the bottom of this email.
The homophobic graffiti that has been found in several locations on campus is unacceptable behavior and will not be tolerated. Public Safety is reaching out to the college community for assistance in dealing with this type of activity. Incidents in Ross Commons and, just recently, Starr Hall are the latest to be reported. We are asking for any and all information that might be helpful in our investigations. No matter how small or insignificant the information might be it still could be helpful. So please report anyone seen writing graffiti on walls, poster boards or any where on campus. It is up to the whole community to resolve this issue. We can do it with your help.
Please contact Assistant Director Larry Rooney or Assistant Director Dan Gaiotti at Public Safety with any information. X5911
Title 13: Crimes and Criminal Procedure
Chapter 31: DISCRIMINATION
13 V.S.A. § 1455. Hate-motivated crimes
TITLE 13
Crimes and Criminal Procedure
PART I
Crimes
CHAPTER 31. DISCRIMINATION
§ 1455. Hate-motivated crimes
A person who commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap as defined by 21 V.S.A. § 495d(5), sexual orientation or gender identity shall be subject to the following penalties:
(1) If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both.
(2) If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for a violation of this section shall be imprisonment for not more than five years or a fine of not more than $10,000.00, or both.
(3) If the maximum penalty for the underlying crime is five years or more, the penalty for the underlying crime shall apply; however, the court shall consider the motivation of the defendant as a factor in sentencing. (Added 1989, No. 172 (Adj. Sess.), § 2, eff. May 12, 1990; amended 1999, No. 56, § 4.)