Title IX and the Violence Against Women Act

Berkeley College is committed to providing a respectful and welcoming environment for members of its community. 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 and sexual exploitation and incidents of 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 and investigation 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). For more information on reporting options and confidentiality, visit the How to Report page. For more information on support services and education materials, visit the Resources and Education page.

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. Colleges are obligated to respond promptly to reports of sexual discrimination, sexual harassment, and sexual assault. They are then required to remedy the effects and prevent recurrence.

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 reports of such incidents. Those procedures include 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.

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 important contact information for local law enforcement, hospitals, and clinics; on-campus and off-campus counseling services; and detailed information about how to file a report with the College and/or local law enforcement. 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. 

How to Report

All contact information is located in the Resource Brochure.

Reporting Options

To report an incident of sexual discrimination, sexual harassment, sexual exploitation, sexual assault, intimate partner violence, or stalking, 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 and assistance, and/or secondly as part of an official investigation by 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 report and may decline to notify any of these authorities.

  1. If you are a student: you can report to the Deputy Title IX Coordinator for Students.
  2. If you are an associate: you can report to the Deputy Title IX Coordinator for Associates.
  3. Anyone – student or associate – can report to the Title IX Coordinator.
  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).

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. 

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: Dallas F. Reed, Ph.D., Vice President, Student Development and Campus Life, at 973-278-5400 ext. 4211 or 212-986-4343 ext. 4211, 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: 646-428-3900; TDD: 800-877-8339; Email: OCR.NewYork@ed.gov.

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 discrimination on the basis of sex, including sexual harassment, sexual assault and sexual exploitation, as well as complaints of intimate partner violence and stalking:

Title IX Coordinator
Dallas F. Reed, Ph.D
Vice President, Student Development and Campus Life
Berkeley College
44 Rifle Camp Road
Woodland Park, NJ 07424
TitleIXCoordinator@BerkeleyCollege.edu
212-986-4343 ext. 4211

Deputy Title IX Coordinator for Students
LaTysha Gaines, MPA
Assistant Vice President, Student Development and Campus Life
Berkeley College
12 E. 41st Street
New York, NY 10017
Latysha-Gaines@BerkeleyCollege.edu
212-986-4343 Ext. 4218

Deputy Title IX Coordinator for Associates
Karen Carpentieri
Vice President, Human Resources
Berkeley College
64 East Midland Avenue
Paramus, NJ 07652
KJC@BerkeleyCollege.edu
201-291-1111 ext. 5162

Policy and Procedures

Recognizing that its diversity greatly enhances the workplace and opportunities for learning, Berkeley College is firmly committed to providing all associates, faculty, and students equal access to its programs, resources, opportunities, and facilities. Berkeley College’s Equal Opportunity Policy prohibits discrimination on the basis of sex, including sexual harassment, sexual assault and sexual exploitation, as well as intimate partner violence and stalking. View the full policy here: Equal Opportunity Policy.

For information on reporting options, investigations, confidentiality, interim measures, possible sanctions and appeals see:

Berkeley College also has a policy regarding transcript notations in connection with crimes of violence. See the Transcript Notation Policy.

Interim Measures and Potential Sanctions

As provided in Berkeley College Policy and Procedures, when a complaint of sexual misconduct, intimate partner violence, or stalking is received, the Deputy Title IX Coordinators may impose appropriate measures to protect the parties and College community. Interim measures include a variety of temporary actions and/or modifications, to the extent reasonably available. Those actions or modifications could include no contact orders, suspensions, change in on-campus living arrangements, change in class schedules or alternative course arrangements, and change in on-campus employment schedules.

Upon completion of an investigation and following a determination, 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.

For more information, see Policy and Procedures.

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.