Student Rights

Demonstrations/ Peaceful Protests

All currently enrolled students, undergraduate and graduate, have a right to demonstrate on College premises. The College reserves the right to limit, disallow or disband a demonstration which incites immediate, violent action or represents a violent action or actions that threaten or endanger the campus community, or if for any reason of time, place, or manner of behavior, the demonstration materially disrupts class work or other College business, involves substantial disorder, or invades the rights of others.

While the rights of students under the First Amendment to the Constitution, as applied by California law, will always be protected, demonstrations are generally subject to the following limits:

Demonstrators entering campus buildings for the purpose of conducting orderly and peaceful demonstrations may not enter or occupy rooms or offices; obstruct entry, exit, or restrict the free movement of persons; block hallways, doorways, stairs or exits of college facilities; materially interrupt or interfere with college business functions; or remain in buildings after close of normal hours of operation.

For safety and security reasons, demonstrators are not allowed to enter residence halls; private offices; spaces where classes or private meetings are being held or immediately scheduled to be held; libraries; facilities or areas containing valuable or sensitive materials, collections, equipment, records protected by law or by existing College policy such as educational records, student-related or personnel-related records, or financial records; security, utilities, or other facilities or services vital to the business functions of the College.

Demonstrators shall not engage in activities that are illegal, which violate the rights of others, or that harm or threaten to harm a person or property. Further, any demonstration that violates College policy may be discontinued, either at the direction of the administrator (or their designee) of the College department administratively responsible for the space in which the demonstration is occurring, or at the direction of Otis College Campus Safety and Security team. Blocking entry to or free exit from buildings, impeding or obstructing the free movement of others, engaging in harassing behavior, or inciting immediate, violent action that represents a violent action or actions that threaten or endanger the campus community, to the campus community is prohibited under the Code of Student Conduct. 

Counter Demonstrations 

A protest, demonstration, or event on campus may invite another form of protest. When these occasions arise, all student members of the College community have a right to expression consistent with these guidelines. In the interest of community safety and protection of rights, the College may designate a separate protest area for counter protestors. As with demonstrations, counter-demonstrations must not infringe upon the rights of others to engage in peaceful assembly, orderly protest, free exchange of ideas, or interfere with the rights of others to make use of campus facilities or attend College functions. This includes, but is not limited to, not damaging, defacing, marking, altering, or interfering with signs, tables or exhibits, or other items posted or displayed by others.

Ensuring a Productive Demonstration

To help make sure that all participants stay safe, students, student groups, and student organizations planning to host demonstrations or rallies are strongly encouraged to follow these guidelines: 

1. Reserve any outdoor space or indoor space using the reservation platform. Students must meet with the Dean of Student Affairs Office in order to complete this step and submit an official reservation.
2. Meet with Campus Safety and Security early in the planning process. This allows any potential safety issues to be addressed and for organizers to create safety and security procedures. At times, Campus Safety and Security officers may be present at a demonstration, protest, or event to ensure the safety of all participants and provide a more immediate response in the event of an emergency.
3. Representatives of the organization sponsoring a demonstration should meet with the Director of Student Engagement and Leadership or other authorized Student Affairs staff to discuss and develop necessary safety and security and crowd management procedures, to ensure that expectations, rights and responsibilities are mutually understood, and to provide the Director of Student Engagement and Leadership or other Student Affairs staff with sufficient information to evaluate the crowd management and safety and security plans regarding the demonstrations
4. When a campus demonstration is scheduled, organizers can expect the College personnel present (typically staff from Student Affairs and/or Campus Safety and Security) to help ensure that organizers’ rights are protected and the college’s regular and essential operations and activities continue. Such regular and essential operations and activities include, but are not limited to, classes, meetings, and the standard operation of college offices and facilities. As the college is concerned about the entire community and visitors, particular attention will be paid to managing crowds, maintaining access to buildings, sidewalks, streets, etc., and personal safety for all.
5. Organizers are strongly encouraged to inform attendees of the Code of Conduct and consequences for failure to adhere to its expectations. To support overall demonstration coordination and safety for participants, organizers should have at least one representative present throughout the demonstration. Be aware that some participants may have physical challenges that require assistance. Disability Services can provide advice on accommodating participants with disabilities or mobility challenges, and can assist in connecting students to appropriate resources.

NOTE: The Otis College campus is private property, and individuals who do not have specific College business are not permitted on campus and will be escorted off the premises.

Due Process Procedure

In the event a student has an issue or concern that is not otherwise addressed or provided for in this publication or on the Otis College website, the student may inform the Dean of Student Affairs or designee of the issue or concern. Otis College’s subsequent determination and resolution of the issue or concern shall be final.

Field Trips 

Field trips which include off-campus tours of galleries and working studios, and other College-related off-campus activities, are part of the educational experience at Otis College. Students participating in field trips are expected to adhere to the same standards of behavior as published in The Hoot and in the Travel Study Behavior Code of Conduct. Any violation of the regulations or local, state, or federal laws may result in disciplinary action or sanctions by the College. Students who choose to travel to the site of a field trip early or remain at the site after the planned activity is completed, or who willfully separate from the group, do so at their own risk. Students are responsible for carrying their own personal medication while on a field trip. 

Freedom of Speech and Expression

The College supports every individual’s right to freedom of expression consistent with the forum (area of campus) in which the expression is made. The College also recognizes the importance of fostering a culture of tolerance and civility that is a cornerstone for the accomplishment of its educational goals. Within the classroom, visual and/or oral demonstrations, depictions, or conduct that may be offensive to an individual will not be restricted when there is a legitimate pedagogical context, such as material having an appropriate connection to course subject matter. Similarly, campus discourse on topics of political, artistic, or social issues that are conducted consistent with the nature of the forum and reasonable institutional limitations that are clear and unambiguous will be supported.

Expression that is severe, persistent, and objectively offensive, or directed toward an individual based upon that individual’s protected status (e.g., sex/gender, race, ethnicity, national origin, disability or age), is not a protected form of speech or expression and can form the basis of a violation of Otis College policies, especially when coupled with prohibited behaviors. Other limitations on free speech include endangering someone or threatening them, inciting violence, using “fighting words” directed at an individual or group that directly provoke violence, defamation, obscenity, and expression that has a discriminatory effect such that it limits or denies someone’s educational or employment access, benefits, and/or opportunities.

Freedom Wall

The Freedom Wall at Otis College of Art and Design is a “continuous” outdoor creative space where students can express themselves and/or visually share ideas, text, and images. Use of The Freedom Wall is a privilege afforded to students with the expectation that its use will foster a community of respectful engagement. The Freedom Wall is overseen by the Students’ Union which seeks to provide a safe place for student expression while maintaining a respectful and inclusive environment for the College community.

Proper Use Guidelines

1. The Freedom Wall is for every student’s temporary use—it is not “owned” by any person or group. Work can be added and removed from The Freedom Wall at any time, within its clearly marked borders.
2. All work can be removed, covered, altered, or reused by other students; makers forfeit ownership of their work when contributing to The Freedom Wall.
3. All users of The Freedom Wall must adhere to the Core Values and Behavioral Expectations outlined in the Code of Student Conduct; misconduct such as but not limited to hate speech, defamation, discriminatory harassment, threats, bullying, or intimidation counter Otis College’s core values, and are prohibited.
4. Objects attached to The Freedom Wall can protrude from its surface a maximum of 6” and cannot pose threat or cause injury to passersby. All objects should not weigh more than 10 lbs. All relief and/or attached objects must be safely secured to The Freedom Wall.
5. Materials emitting noxious or hazardous fumes, gasses, or vapors during application are not permitted; materials that remain toxic or volatile upon drying/curing/setting are not permitted; all creations should become materially stable and inert within periods normally associated with common water- or solvent-based media (1-6 hours).
6. If painting or using wet media, you must use provided tarps to cover the drain—All storm water drains to the Ocean.

The college reserves the right at any time without justification or cause to remove artwork from The Freedom Wall.

Gambling

Students are expected to abide by the federal laws and the laws of California prohibiting illegal gambling, including online gaming. Gambling for money or other things of value on campus or at College-sponsored activities is prohibited except as permitted by law. Such prohibited activity includes, but is not limited to betting on, wagering on, or selling pools on any College event; possessing on one’s person or premises (e.g., room, residence unit, car) any card, book, or other device for registering bets; knowingly permitting the use of one’s premises or one’s phone or other electronic communications device for illegal gambling; knowingly receiving or delivering a letter, package, or parcel related to illegal gambling; offering, soliciting, or accepting a bribe to influence the outcome of an event; and involvement in bookmaking or wagering pools.

Hazing

All acts of hazing as defined by this policy, by any individual student or sanctioned or promoted by any College registered student club or organization and any of its members or alumni are prohibited. Students are entitled to be treated with consideration and respect, and no individual may perform an act that is likely to cause physical or psychological harm to any other person within the College community. Accordingly, any such behavior is expressly forbidden when related to the admission, initiation, pledging, joining, or any other group-affiliation activity.

Any student or organization found to be involved in any hazing activity will face conduct action and may be subjected to suspension or expulsion from the College. A violation of this policy may exist irrespective of any alleged voluntary or consensual participation in the activity by the person(s) being abused.

The law of California makes it a criminal offense for anyone to participate in hazing. Otis College policy is based upon the proposition that students are entitled to be treated with consideration and respect. Otis College regulations on hazing are synonymous with state law as follows (Calif. Penal Code §245.6):

1. It shall be unlawful to engage in hazing, as defined in this section.
2. “Hazing” means any method of preinitiation or initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community College, College, university, or other educational institution in this state. The term hazing does not include customary athletic events or school sanctioned events.
3. A violation of this section that does not result in serious bodily injury is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100), nor more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than one year, or both.
4. Any person who personally engages in hazing that results in death or serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in county jail not exceeding one year, or by imprisonment in the state prison.
5. The person against whom the hazing is directed may commence a civil action for injury or damages. The action may be brought against any participants in the hazing, or any organization to which the student is seeking membership whose agents, directors, trustees, managers, or officers authorized, requested, commanded, participated in, or ratified the hazing.
6. Prosecution under this section shall not prohibit prosecution under any other provision of law.

Relationships Between Faculty/staff and Students

Otis College of Art and Design prohibits all faculty and staff members, including graduate teaching assistants, and others involved in teaching activities, from engaging in or pursuing dating, sexual, or intimate relationships with students, including consensual relationships.

Faculty and staff members are in a position of trust and power with respect to a student’s educational activities. Relationships with students can jeopardize the effective functioning of the College’s mission by the appearance of unfairness in the exercise of professional judgment. This includes, but is not limited to, those students whom faculty or staff currently, or may in the future, instruct, mentor, evaluate, supervise, advise, or exercise other forms of professional responsibilities towards, such as allocating resources, selecting students for scholarships and awards, and providing recommendations or references. 

The purpose of this policy is to create and maintain a professional learning and work environment that is free from unlawful discrimination, harassment, and exploitation. This policy recognizes that there is often an inherent inequity in dating, sexual, or intimate relationships between faculty/staff and students. Such relationships often result in perceptions of favoritism, bias, or discrimination that undermine academic achievements or decisions affecting students. The College has a policy against discrimination and harassment including, without limitation, sexual harassment. Dating, sexual, or intimate relationships between faculty/staff and students may result in claims of sexual harassment and questions about the voluntariness of the relationship. Please refer to College policies on Harassment, Sexual Harassment, and Non-Retaliation for more details.

Shoes on Campus

For the safety and wellbeing of the student community, all students must wear shoes at all times on campus property with the exception of a student’s residential room.

Smoking on Campus

Smoking and/or consuming tobacco (including chewing tobacco) or any other tobacco-related products is prohibited inside all campus buildings, instructional areas (workshops, etc.), gallery and studio spaces, and within the parking structure. For the purposes of this policy, tobacco-related products shall include all those containing either tobacco as an ingredient or any chemical derivatives and byproducts of tobacco (i.e., nicotine). Tobacco-related products include cartridges for smokeless cigarettes, electronic cigarettes/vapes, hookahs, and portable vaporizers. All outside smoking is restricted to the designated smoking area located on the east side of the Galef building.

Student Behavioral Expectations

As members of the Otis community, students are expected to behave responsibly at all times. The College expects and trusts its students to be honest in their studio, classroom, and community endeavors. Students are expected to assist in maintaining an environment that supports effective teaching and learning, and a culture of civility and respect for others. Any behavior that disrupts or interferes with the functioning of a classroom, studio, or College-sponsored off-campus venue may therefore result in students being asked to leave the class. In addition, students may be subject to disciplinary action as per the Code of Student Conduct and/or have their grade lowered in the course.