Resources and Education
We encourage you to review the following guides and information:
Information for the Accused
If you have been accused of sexual harassment, sexual discrimination, sexual assault, sexual exploitation, intimate partner violence, or stalking, it is important that you review this summary along with the College’s policy and procedures. Retaliation against a complainant is strictly prohibited and may result in additional complaints and sanctions. Retaliation can include verbal or written threats, intimidation, harassment, or any other words or conduct that is intended to place the complainant in fear of harm.
You have the option to seek confidential counseling if you so choose. Contact information is available in the Resource Brochure.
All complaints will be reviewed by one of the College’s Deputy Title IX Coordinators. The Deputy Title IX Coordinator will determine whether to initiate an investigation and may assign a Title IX Investigator to the case. You may be contacted by either of these individuals during the investigation process.
The Deputy Title IX Coordinator may choose to implement one of a series of interim measures while the investigation is pending. Depending on the circumstances, you may be moved to a different class or residence hall, subjected to a no-contact order, restricted from accessing certain areas of the campus, or temporarily suspended, pending the outcome of the investigation.
Please see the Equal Opportunity Complaint Procedures for Associates and/or the Equal Opportunity Complaint Procedures for Students, as appropriate, for more information about the investigation process and determinations. In the event that a Title IX or VAWA complaint involves both a student and an associate, the complaint procedures for students shall be followed. Please review the full Policy and Procedures.
Title IX Campus Climate Survey
Berkeley College’s campus climate survey is designed to assess and enhance its student support programs and services related to sexual misconduct (including, but not limited to: sexual assault, intimate partner violence, and stalking). Survey results are available here:
New York Students: College Policy vs. New York State Penal Law
There are significant differences between Berkeley College policy and New York State Penal Law (criminal law) in matters involving sexual assault, domestic violence, dating violence, and stalking. The Berkeley College disciplinary process is used to determine whether an individual has violated College policy (or policies). To reach a determination, the College is required to follow a preponderance of the evidence (more likely than not) standard of proof. Reports are investigated by College officials. If a determination is made that a student has violated College policy, the individual may be subject to College disciplinary sanctions up to and including dismissal. The New York criminal justice system, however, is different in a number of ways. Cases are handled by prosecutors, who must prove their cases beyond a reasonable doubt (a significantly higher standard of proof). Cases are investigated by prosecutors, often in conjunction with law enforcement. Sanctions may include imprisonment, fines, or other consequences as imposed by the court. Questions about whether a specific incident violates the New York penal law should be addressed to law enforcement or to the district attorney.