Student Complaint Process

In accordance with federal law and accreditation standards, Berkeley College provides the following policies and procedures for resolving student complaints. Students are advised to proceed as promptly as possible to initiate a complaint with the appropriate office or College official and provide any detailed information and/or documentation related to their complaint. Faculty, staff and administrators are advised to acknowledge receipt of a complaint promptly and to respond in a timely manner.

Grade Appeals 

A student wishing to appeal a course grade must submit a completed grade appeal eForm to the faculty member by the end of the first week of the academic term following posting of the disputed grade. The faculty member will respond to the student’s appeal as soon as practical. All responses should be entered into the grade appeal eForm.

For additional information relating to grade appeals, see the Catalog, General Academic Policies.

Academic Complaints

Complaints relating to academic matters other than grade appeals, academic probation and financial aid probation should be promptly presented to the appropriate faculty member and then, if necessary, the Department Chair and finally, the Dean of the School. The decision of the Dean of the School is final.

Academic Integrity Policy

For complaints related to academic integrity or plagiarism, see the Catalog, Academic Integrity Policy (PDF).

Satisfactory Academic Progress (“SAP”)

For procedures regarding academic and financial aid probation and dismissal due to unsatisfactory academic progress, see the Catalog, Satisfactory Academic Progress.

Equal Opportunity

For complaints related to (a) discrimination or harassment on the basis of race, color, creed, religion, national origin, nationality, age, genetic characteristics, ancestry, mental or physical disability, veteran status, marital status, civil union or partnership status, alienage or citizenship status, atypical hereditary cellular or blood trait, and any other classes protected by applicable state or local law; and (b) bullying among students, including but not limited to cyber-bullying, when a student directs the bullying at a specific group or individual based upon that group or individual’s inclusion in one of the protected classes outlined above, please see the Equal Opportunity Policy and Procedures (PDF).

Title IX, VAWA, and NY 129-B

For complaints related to sex discrimination, sex-based harassment, sexual assault, domestic violence and dating violence, sexual exploitation, and stalking, please see the Title IX Sex Discrimination, Sex-Based Harassment and Sexual Misconduct Policy (PDF). The College will handle inquiries and complaints of this nature according to the Title IX Sex Discrimination, Sex-Based Harassment and Sexual Misconduct Procedures (PDF). These procedures include information pertaining to how to make a report or a complaint; rights and options; supportive/interim measures; investigation, adjudication, and appeal procedures; and potential sanctions.

Accessibility Services

For complaints related to accommodation requests and/or Accessibility Services, please see the Accessibility Services page and the Accessibility Services Accommodation Policy for Students (PDF).

Criminal Activity

If you witness an emergency situation, or the commission of a serious crime, or perceive a situation to be an immediate threat to your safety or the safety of others, or are a victim yourself, you should immediately dial “911” or call your local police department. You should also call the Berkeley College Public Safety Department, but only after reporting the matter to the police. For more information, see the Conduct and Safety Policy (PDF).

Student Records

For complaints related to student records and privacy rights afforded under the Family Educational Rights and Privacy Act (“FERPA”) see the Student Records (FERPA) Policy (PDF).

Computer Access & Technology

For complaints regarding technology and access-related issues, contact the Information Systems HelpDesk: Helpdesk@BerkeleyCollege.edu 
(973)-278-5400 Ext. 1540

Other Non-Academic Complaints

Complaints relating to (a) suspension or dismissal for nonacademic reasons other than conduct covered by the Equal Opportunity Policy (PDF) and/or the Title IX (and Non-Title IX) Sexual Harassment and Sexual Misconduct Policy (PDF); or (b) any matter other than grade appeals, academic matters, or appeals for academic and financial aid probation and dismissal due to unsatisfactory academic progress must be presented in writing to the Campus Operating Officer within 10 business days. The Campus Operating Officer shall review the circumstances and action taken and may modify such action only where, in the judgment of the Campus Operating Officer, a failure to do so would result in a manifest injustice. In such matters, the decision of the Campus Operating Officer shall be final.

Unavailability of Decision-Maker and Potential Conflicts of Interest

Whenever, in the sole discretion of the College, the official designated by these procedures as a decision-maker shall be unavailable or perceived by the College to have a potential conflict of interest that may unduly influence the investigation or determination of an Equal Opportunity or Title IX/Sexual Misconduct complaint, Academic Complaint or Non-Academic Complaint, the College may designate a substitute decision-maker.

Online Students

Berkeley College is approved to offer online education programs and participate in the State Authorization Reciprocity Agreement (“SARA”). For a current list of SARA member states, see http://nc-sara.org/. Due to regulation of distance education, Berkeley College cannot accept residents of California or Massachusetts into its online courses or education programs.

For a description of NC-SARA’s complaint procedures see https://www.nc-sara.org/student-complaints.

Note: NC-SARA’s complaint process applies only to students enrolled in distance education across state lines.

Online Students Enrolled in New York Programs

Students must first direct their complaint to Berkeley College for investigation and resolution. If the complaint remains unresolved after all institutional procedures have been exhausted, complaints may be directed to the SARA State Portal Entity. Students have two years from the date of the incident about which the complaint is made to appeal to the SARA State Portal Entity. Complaints regarding grade appeals or conduct are subject to Berkeley College procedures and will not be addressed by the State Portal Entity.

SARA State Portal Entity:

Attn: Supervisor, Higher Education Programs
New York State Education Department
89 Washington Avenue
Albany, NY 12234
(518)-474-1551
IHEauthorize@nysed.gov

For more information see http://www.nysed.gov/college-university-evaluation/filing-complaint-about-college-or-university. 

Online Students Enrolled in New Jersey Programs

Students must first direct their complaint to Berkeley College for investigation and resolution. If the complaint remains unresolved after all institutional procedures have been exhausted, complaints may be directed to the SARA State Portal Entity. Students have two years of the incident about which the complaint is made to appeal to the SARA State Portal Entity. Complaints regarding grade appeals or conduct are subject to Berkeley College procedures and will not be addressed by the State Portal Entity.

SARA State Portal Entity:

Attn: Director, Office of Licensure
New Jersey Office of the Secretary of Higher Education
20 W. State Street, 4th Floor
P.O. Box 542 Trenton, NJ 08625
(609)-984-3738
Eric.Taylor@oshe.nj.gov

For more information see http://www.state.nj.us/highereducation/SARA.shtml and http://www.state.nj.us/highereducation/OSHEComplaintInstructions.shtml.

For a description of NC-SARA’s complaint procedures see https://www.nc-sara.org/student-complaints.

Examples of Complaint Types by Department and Procedure for Filing a Written Complaint

Below are examples of complaint types and links to department contact information:

Students who wish to file a written complaint for any of the complaint types listed above should use this eForm. All complaints submitted via this eForm will be logged and handled by the appropriate Department in a timely manner.

On occasion, the College may receive legal documentation such as a summons, complaint, or subpoena, along with communications from agencies and/or outside law firms. All notices and legal documentation must be forwarded immediately to the Office of the General Counsel.

State Regulatory Information

Complaints that have exhausted Berkeley College’s procedures and remain unresolved may be directed to the appropriate state agency. 

New Jersey: Berkeley College is authorized by the Office of the Secretary of Higher Education (“OSHE”). See the OSHE complaint instructions and complaint form. 

New York: Berkeley College is authorized by the New York State Board of Regents. See the Office of College and University Evaluation complaint instructions and complaint form.

Accreditation Information

Berkeley College is accredited by the Middle States Commission on Higher Education (“MSCHE”), 1007 North Orange Street 4th Floor, MB #166, Wilmington, DE 19801; 267-284-5011. Accreditation was last reaffirmed in June 2018. Complaints that have exhausted the institution’s procedures may be directed to MSCHE. See the “How to File a Complaint with the Commission” instructions.