Hate Crimes and Bias Incidents

Hate Crimes

Pursuant to New York Law 129-a, the College tracks, reports and posts incidents of hate and bias crimes, as those terms are defined under New York Law. For Calendar year 2023, no such hate or bias crimes were reported to the College.

Hate crimes are definable crimes, such as crimes involving violence, property damage, stalking and other illegal conduct, that are intentionally motivated by prejudice or bias. “Hate crimes” for purposes of this compliance shall have the meaning found in 485.05 of the NY Penal Code. A hate crime is a violation of law and will be referred to law enforcement, as appropriate. 

Hate crimes are also prohibited at Berkeley College and are a violation of our Equal Opportunity Policy [i], which you can find here: https://berkeleycollege.edu/pdf/equal-opportunity-policy.pdf Our Equal Opportunity Policy also prohibits discrimination, harassment and bullying. The College will investigate any such incident according to this Policy.

Berkeley College shall provide hate crime prevention information to incoming students at orientation and/or through programming, to promote discussion, encourage reporting and facilitate prevention of such incidents. Should such incidents be reported to the College, we shall investigate them as appropriate, in coordination with our local law enforcement partners.

To report a hate crime, please call 911 and/or Campus Security immediately, and then do the following:

Students should report hate crimes to the Equal Opportunity Officer for Students, as follows: Heather Eaton-Dwyer, Dean of Students, Student Development and Campus Life, HED@BerkeleyCollege.edu, 973-278-5400 x1309. Associates should report hate crimes to the Equal Opportunity Officer for Associates, as follows: Karen Carpentieri, Vice President of Human Resources, Deputy Title IX Coordinator for Associates, KJC@BerkeleyCollege.edu, 201-291-1111 x5162. 

Bias and Bias Incidents

BIAS

Bias is a conscious or unconscious preference for, or prejudice against, a person or group of people, often associated with identities protected by law, including, but not limited to, age, ancestry or ethnicity, color, race, creed, disability, gender, gender identity or expression, immigration or citizenship status, marital status, national origin, religion or sexual orientation. Bias can be expressed through prejudice or discrimination and can be overt or covert.

BIAS INCIDENT

A bias incident is conduct, speech or expression motivated, in whole or in part, by bias or prejudice. Bias incidents are acts of conduct, speech, or expression that target individuals and groups based on their protected class status. Bias-related incidents, while repugnant, may not meet the necessary elements required to prove a crime or violate the College Equal Opportunity Policy. Nevertheless, a bias incident might violate the Student Code of Conduct or the Ethics Policy and/or the Conduct and Appearance Policy governing associates. Anybody who believes, in good faith, that he/she is/was the victim of a bias incident, or that he/she has witnessed a bias incident, should report the incident to the College as follows:

Students should report bias incidents to the Equal Opportunity Officer for Students, as follows: Heather Eaton-Dwyer, Dean of Students, Student Development and Campus Life, HED@BerkeleyCollege.edu, 973-278-5400 x1309. Associates should report bias incidents to the Equal Opportunity Officer for Associates, as follows: Karen Carpentieri, Vice President of Human Resources, Deputy Title IX Coordinator for Associates, KJC@BerkeleyCollege.edu, 201-291-1111 x5162.


[i] The College also prohibits “Bias Intimidation” as set forth in New Jersey law and found here: https://casetext.com/statute/new-jersey-statutes/title-2c-the-new-jersey-code-of-criminal-justice/chapter-2c16-bias-intimidation/section-2c16-1-bias-intimidation