Title IX and the Violence Against Women Act

Berkeley College (the "College") is committed to providing a learning and working environment that promotes mutual respect, civility and diversity, in an environment free of discrimination on the basis of sex or gender. Here you will find information regarding the College’s policy, procedures, and available resources relating to incidents of discrimination on the basis of sex, including sexual harassment, sexual assault, sexual exploitation, intimate partner violence (which includes domestic violence and dating violence) and stalking. This conduct is strictly prohibited by the College.

All members of the College community are encouraged to seek assistance and report any such incident to the College’s Title IX Staff. These individuals will guide you through the reporting, investigation and adjudication process and answer any questions you may have regarding Title IX and the Violence Against Women Act (VAWA). Confidential counseling is available at all campuses for students. Associates can take advantage of the confidential Employee Assistance Program (EAP).

What is Title IX?

Title IX of the Education Amendments of 1972 (Title IX) is a federal law that requires colleges to prohibit discrimination on the basis of sex in any education programs and activities receiving federal financial assistance. In May of 2020, the Department of Education released final Title IX regulations, which both narrowed and expanded the scope of Title IX. The new regulations limit the types of sexual harassment and sexual assault falling under Title IX, but expand Title IX to include incidents of dating violence, domestic violence and stalking. Colleges are still obligated to respond promptly and equitably to reports of sexual misconduct, but the new Title IX regulations create new required procedures and a new, prescriptive adjudication process, which purports to provide more fairness and due process for all. Significantly, Berkeley College will continue to address, under a separate adjudication process, prohibited sexual misconduct that falls outside of Title IX.

Discrimination on the basis of sex is not addressed on this Page or in the policies referred to herein, but rather, discrimination is addressed in the College Equal Opportunity Policy and Procedures. Title IX’s prohibition of discrimination on the basis of sex in educational programs and activities includes pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom and parental status. Berkeley College supports pregnant and parenting students and complies with Title IX. Click to see the Pregnancy Policy.

Clery Act and the Violence Against Women Act

Separate and apart from Title IX is another federal law known as the Clery Act. The Clery Act requires colleges to annually disclose select crime statistics, along with their campus safety policies and procedures. When the Reauthorized VAWA was signed into law in 2013, it amended the Clery Act by requiring colleges to compile statistics for incidents of sexual assault, intimate partner violence, and stalking. Additionally, the VAWA amendments to the Clery Act require colleges to follow specific procedures when investigating and adjudicating such incidents. Those procedures include, for example, providing complainants of such incidents with certain resource materials, providing education materials to incoming students and associates, and conducting ongoing awareness campaigns for current students and associates. There is now more overlap between Title IX and Clery since both federal laws now address incidents of sexual assault, dating violence, domestic violence and stalking in College settings.

Any questions about these federal laws and accompanying regulations may be directed to the Office of the General Counsel

What to Do if You Experience Sexual Assault, Intimate Partner Violence or Stalking

If you experience sexual assault, intimate partner violence or stalking, there are a number of confidential and non-confidential options available to you. The Resource Brochure contains educational information, important contact information for local law enforcement, hospitals, and clinics; and on-campus and off-campus counseling services. We encourage you to review this Brochure carefully as you determine what assistance, if any, is right for you.

If you suspect that someone is in immediate danger or experiencing a life-threatening emergency, dial 911. 

Policy and Procedures

Berkeley College is committed to providing a learning and working environment that promotes mutual respect, civility, and diversity, in an environment free of discrimination on the basis of sex or gender. The College does not discriminate on the basis of sex or gender in any of its education or employment programs or activities— including in its admissions or employment processes—and it does not tolerate discrimination or harassment on the basis of sex or gender. This includes harassment or discrimination based on sexual orientation, gender expression, and gender identity.

In accordance with its Title IX (and Non-Title IX) Sexual Harassment and Sexual Misconduct Policy, Berkeley College prohibits (a) Title IX Sexual Harassment; (b) Non-Title IX/Other sexual and gender based harassment; (c) sexual assault; (d) domestic violence and dating violence (collectively referred to herein as “intimate partner violence”); (e) stalking; and (f) sexual exploitation. Retaliation is also prohibited under this Policy.

The College will handle inquiries and complaints of this nature according to one of three procedure documents, depending upon the identity of the parties, the nature of the incident and the location of the incident:

Title IX Sexual Harassment and Sexual Misconduct Procedures

Non-Title IX Sexual Harassment and Sexual Misconduct Procedures for Students

Non-Title IX Sexual Harassment and Sexual Misconduct Procedures for Associates

These procedure documents include information pertaining to: how to make a report and/or formal complaint; rights and options of the parties; supportive/interim measures; advisors of choice; investigation, adjudication and appeal procedures; and potential sanctions.

The College also has an Equal Opportunity Policy that prohibits and addresses discrimination and harassment based on protective class status. Discrimination based upon sex and gender is included in the Equal Opportunity Policy.

In addition, the College has a policy regarding transcript notations in connection with crimes of violence. See the Transcript Notation Policy.

How to Report

To report an incident of sexual harassment, sexual exploitation, sexual assault, intimate partner violence or stalking, you should follow the procedures contained in the procedure documents referenced above. As explained in those procedure documents, you may file a report with any of the individuals below. These options are non-confidential. Any information you provide may be used firstly to offer you resources, supportive measures and assistance, and/or secondly to explain to you the process for filing a Formal Complaint at the College. You may be contacted by a Title IX investigator to discuss your experience, as the College works to redress the matter and prevent such incidents in the future. You are not obligated to file a Formal Complaint with the College and may decline to notify any of these authorities listed below.

  1. If you are a student: you can report to the Deputy Title IX Coordinator for Students (See Title IX Staff herein for contact information).
  2. If you are an associate: you can report to the Deputy Title IX Coordinator for Associates (See Title IX Staff herein for contact information).
  3. Anyone – student or associate – can report to the Title IX Coordinator (See Title IX Staff herein for contact information).
  4. If the incident involves criminal activity: you can report to local law enforcement. The Title IX Coordinators and/or the College Public Safety Department can assist you with contacting local law enforcement, upon request.
  5. You can DECLINE to notify any such authorities.

You may request anonymity or request that the College not investigate the information that you have shared. The Title IX Coordinator may not be able to honor this request, however, if doing so is likely to put other members of the College community at risk. The Title IX Coordinator, Deputy Title IX Coordinator, or their designee will discuss this with you. In any event, you can be assured that any investigation will be discreet and only disclosed on a need to know basis.

For confidential assistance, students may speak with a personal counselor located at each campus. Personal counselors are the only Berkeley College associates who are not legally required to inform the Title IX Coordinator about these serious matters. Associates may contact the Employee Assistance Program (EAP) for confidential assistance.

Reporting Obligations – What You Should Know

Except for personal counselors, College faculty and staff are non-confidential and are obligated to report any information regarding an incident of sexual misconduct, intimate partner violence, or stalking to the appropriate Deputy Title IX Coordinator or to the Title IX Coordinator. 

Title IX Staff

In connection with its obligations under Title IX, Berkeley College has designated the following Title IX Coordinator and Deputy Title IX Coordinators to address and respond to Title IX and Violence Against Women Act inquiries or complaints related to sexual harassment, sexual assault and sexual exploitation, as well as complaints of intimate partner violence and stalking:

Title IX Coordinator
Sherrille Shabazz, EdD.
Vice President, Student Development and Campus Life
Berkeley College
3 E 43rd St.
New York, NY 10017
(646) 948-1361

Deputy Title IX Coordinator for Students
LaTysha Gaines, MPA
Campus Operating Officer, Woodland Park
Berkeley College
44 Rifle Camp Road
Woodland Park, NJ 07424
(973) 368-9857

Deputy Title IX Coordinator for Associates
Karen Carpentieri
Vice President, Human Resources
Berkeley College
44 Rifle Camp Road
Woodland Park, NJ 07424
(862) 437-8532

Supportive Measures and Potential Sanctions

As provided in the Berkeley College Policy and Procedures referenced above, when a complaint of sexual misconduct, intimate partner violence or stalking is received, the Title IX Coordinators may offer appropriate supportive measures to protect the parties and College community. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent when a report is received. Supportive measures are available before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Supportive measures are designed to restore or preserve equal access to the College’s Education Program or Activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter Prohibited Conduct.

Supportive measures may include counseling, extensions of deadlines or other course- related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

Upon completion of an investigation and adjudication, the College may impose sanctions upon the responsible student or associate. Student sanctions may include, but are not limited to, oral or written warning/probation; mandatory counseling; education and training requirements; no-contact orders; changes to academic, working, or on-campus living arrangements (if applicable); revocation of campus privileges; suspension; and dismissal/termination. Associate sanctions may include, but are not limited to, oral or written warning/probation, mandatory counseling, education and training requirements, no-contact orders, changes to working arrangements, suspension (with or without pay), and termination from employment.

Resources and Education

We encourage you to review the following guides and information:

Information for the Respondent

If you have been accused of sexual harassment, sexual assault, sexual exploitation, intimate partner violence or stalking, it is important that you review this summary along with the College’s above-referenced 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 or the Title IX Coordinator. One of these Coordinators will determine whether to initiate an investigation, and what type, and may assign a Title IX Investigator to the case. If an investigation is commenced, you shall be contacted in writing with notice of any charges against you, and a reasonable amount of time to prepare for any investigatory proceedings that take place. You will also be allowed to have an advisor of choice accompany you to any proceedings.

The Deputy Title IX Coordinator may choose to implement one of a series of supportive measures while the investigation is pending, or even if no investigation is commenced, in an effort to protect the complainant, you, and the College community.

Please see the Policy and Procedure documents referenced above for more information about making complaints; case intake; supportive measures; advisors of choice; investigation and adjudication procedures; responsibility determinations; and potential sanctions.

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:

*For assistance with accessing the content within this file or if you are unable to access this file, please contact Student Development and Campus Life at SDCL@BerkeleyCollege.edu.

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 follows a preponderance of the evidence (more likely than not) standard of proof. Reports are investigated and adjudicated by College officials with appropriate training. 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.

Notice of Non-Discrimination (Title IX)

In accordance with Title IX of the Education Amendments, Berkeley College prohibits discrimination, harassment, and assault based upon sex or gender in its programs and activities. Questions regarding Title IX may be referred to the College Title IX Coordinator: Sherrille Shabazz, EdD., Vice President, Student Development and Campus Life, at 646-948-1361 or (855) 973-9133, TitleIXCoordinator@BerkeleyCollege.edu; or the U.S. Department of Education, Office for Civil Rights, at 32 Old Slip, 26th Floor New York, NY 10005-2500; Telephone: 877-283-5676; TDD: 888-948-7953; Email: OCR.NewYork@ed.gov.