Brooklyn private independent school

Title IX Information

Sexual Misconduct Policy and Complaint Procedure

In accordance with Title IX of the Education Amendments of 1972 (“Title IX”), Berkeley Carroll does not discriminate on the basis of sex or gender in its educational programs or activities. Title IX requires that Berkeley Carroll take specific steps to stop sex and gender-based misconduct, remedy its effects, and prevent its recurrence. Title IX states that:
 

No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient, which receives Federal financial assistance.


Berkeley Carroll has enacted this Sexual Misconduct Policy and Student Complaint Procedure (“Policy”) to reflect and maintain its institutional values and community expectations, to provide fair and equitable procedures for determining when sex-based discrimination or harassment has occurred, and to provide recourse for individuals who are victims of sex-based discrimination or harassment. Inquiries concerning the School’s application of Title IX may be referred to the School’s Title IX Coordinator.

Parents are encouraged to review this policy with their children to ensure that they understand what behaviors are prohibited and how to make a report of sexual misconduct.

Scope of this Policy

This Policy applies to all forms of sex-or gender-based harassment, discrimination, or violence (together, “Prohibited Conduct”) that may deny or limit a student’s ability to participate in or benefit from Berkeley Carroll’s educational programs or activities. Prohibited Conduct can include, but is not limited to sexual harassment, sexual assault, and sexual exploitation, as well as harassment based on gender identity, gender expression, and nonconformity with gender stereotypes. This Policy also prohibits retaliation against a person for reporting Prohibited Conduct under this Policy or for participating in an investigation of an alleged violation of this Policy.

This Policy applies to any Prohibited Conduct by students, employees, faculty, parents, and third parties, including visitors/guests, volunteers, vendors, and contractors.  Berkeley Carroll may be limited in what actions it may take when investigating or responding to a report if an accused individual is not affiliated with the School or is no longer affiliated with the School at the time the report is made. In such cases, Berkeley Carroll will still, to the best of its ability, conduct an investigation, take steps to prevent the recurrence of misconduct to the extent it is able, and remedy the effects, if appropriate.

This Policy covers conduct which occurs both on and off of School grounds.  In addition to the School, this includes locations such as field trips, athletic activities, and events for School clubs. Even misconduct that occurs outside of School, during “personal time,” could have continuing effects in the School, and therefore is covered by this Policy.

Title IX Coordinator

The School has designated CJ Sandy as its Title IX Coordinator.  As the Title IX Coordinator, CJ is responsible for:

  • Ensuring compliance with Title IX.
  • Overseeing anti-discrimination and harassment training and education.
  • Overseeing and coordinating the response, investigation, and resolution of reports made under this Policy.
  • Overseeing certain aspects of discipline, including referring complaints to other personnel in the School as appropriate.

Upon receiving reports of Prohibited Conduct covered by this Policy, the Title IX Coordinator will ensure appropriate action to eliminate the conduct, prevent its recurrence, and remedy its effects. CJ can be contacted by telephone or email during regular office hours (9am -5pm) :

CJ Sandy
152 Sterling Place
Brooklyn, NY 11217
718-534-6588
csandy@berkeleycarroll.org

Any inquiries concerning the School’s application of Title IX and its implementing regulations may be referred to the Coordinator, and/or to the Department of Education, Office of Civil Rights (“OCR”):

U.S. Department of Education, Office of Civil Rights
400 Maryland Avenue, S.W.
Washington, DC 20202-1475
Telephone: (202) 453-6020
Facsimile: (202) 453-6021
Email: OCR.DC@ed.gov

Definitions  (As defined by Title IX)

For definitions, please refer to the complete policy in the Student Family Handbook
Prohibited Conduct
Responsible Employee
Sex-Based Discrimination
Harassment
Unwelcome Conduct
Hostile Environment
Consent
Incapacitation
Non-Consensual Sexual Activity
Sexual Assault
Sexual Contact
Sexual Exploitation

Reporting Prohibited Conduct

Berkeley Carroll strongly encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident involving violence, including sexual assault. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response.
Berkeley Carroll also encourages all individuals to make a report of Prohibited Conduct to both Berkeley Carroll and to local law enforcement, although neither is required. These reporting options are not mutually exclusive. Both internal and external reports may be made simultaneously. The procedures under this Policy may run concurrently with any criminal justice or child protection investigation and will only be subject to temporary delays at the specific request of law enforcement. Because the standards for finding a violation of a criminal law are different from the standards articulated in this Policy, criminal investigations or reports or determinations made by child protection officials are not determinative of whether a violation of this policy has occurred.

Filing a Report with Berkeley Carroll

Any individual who wishes to report Prohibited Conduct is encouraged to report directly to the Title IX Coordinator or any other Responsible Employee. Reports may be made in person, by telephone, or in writing.  If a complaint implicates the Title IX Coordinator, or if a Complainant is otherwise uncomfortable bringing their concerns to another Responsible Employee, they may bring their complaint to the Head of School. Depending on the nature of the complaint, the Head of School may designate another appropriate individual to conduct and/or coordinate a response.

All employees of the School are expected to immediately report suspected child abuse and neglect to the Head of School, who assists in coordinating the appropriate response and fulfilling employees’ mandatory reporting obligations. Thus, confidentiality cannot be guaranteed when an individual makes a report to a School employee, including school counselors and the school nurse.

Detailed steps to file a complaint can be found here.

Requests for Confidentiality and/or Anonymity

Individuals making reports under this policy may request that the Coordinator not reveal their identity to the individual they are accusing of misconduct. If an individual requests this type of confidentiality, the Coordinator will weigh the request against the School’s obligation to provide a safe, non-discriminatory environment for all members of its community. The Coordinator will try to honor these requests, but it is not always possible to do so.  Regardless of whether an individual requests confidentiality, the School will make every effort to prevent disclosure of the names of all the parties involved – the reporting individual, the Complainant, the witnesses, and the Respondent – except to the extent necessary to carry out an investigation.

Individuals who wish to remain anonymous can leave an anonymous report with the Title IX Coordinator by providing a written summary of the incident and leaving such written summary in the Coordinator’s mailbox.  Individuals leaving an anonymous report should be aware that failure to disclose identifying information about the identities of the parties involved or the facts and circumstances regarding the Prohibited Conduct (including the names of any witnesses) severely limits the School’s ability to respond and remedy the effects of the misconduct. Anonymous reports that provide enough information to constitute suspected ongoing abuse of a minor will still be reported to child protective services and/or local law enforcement.

Complaint Resolution Process

Initial Meeting
Formal Complaint
Informal Mediation
Formal Investigation
At the Conclusion of the Investigation
Investigative Findings and Determination
Appeal
Advisor Guidelines
Notification to Parents
Prohibition on Retaliation

External Resources

If you are in a life-threatening situation, please call 911 immediately.  
Woodhull Medical Center
Emergency Department
760 Broadway
Brooklyn, NY 11206
718-963-8000