Student Complaint Disclosure and Procedures
On October 29, 2010, the United State Department of Education issued a Final Regulations on Program Integrity Issues [75 FR 66831] that includes regulations at 34 CFR §600.9 requiring that educational institutions not created by the state be “established by name as an educational institution by a State through a charter, statute, constitutional provision or other action . . .” and be “authorized to operate educational programs beyond secondary level, including programs leading to a degree or certificate.” California’s independent, non-profit, WSCUC accredited colleges and universities are authorized within the meaning of 34 CFS §600.9 et seq for the following reason:
- The California Master Plan for Higher Education specifically recognizes that California’s independent institutions of higher education “share goals designed to provide education opportunity and success to the broadest possible range of [California’s] citizens” with the state’s public segments (California Education Code § 66010.2).
- The Legislature “recognizes the role of independent, regionally accredited postsecondary education in California postsecondary education,” and that “statewide planning, policy coordination, and review of postsecondary education shall include attention to the contributions of the independent institutions in meeting the state’s goals of access, quality, educational equity, economic development, and student aid” (California Education Code §66014.5(a)).
- The Legislature in adopting the Private Postsecondary Education Act chose to exempt institutions that are “accredited by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges” from the Act (California Education Code, Title 3, Division 10, Part 59, Chapter 8).
- All of the institutions covered by the WSCUC exemption to the California Private Postsecondary Education Act of 2009 have had to meet strict standards regarding classroom instruction quality, adequate facilities, and financial stability. These institutions are eligible to participate in California’s student aid program known as the Cal Grant Program, and are subject to audit by the California Student Aid Commission.
- California’s long standing “Supervision of Trustees and Fundraisers for Charitable Purposes Act” [Cal. Gov’t Code § 12598] provides public means to submit complaints regarding non-profit colleges and universities that abuse their status under the Internal Revenue Code of 1986 (23 U.S.C. §501(c)(3), and grants to the California Attorney General broad powers to undertake law enforcement investigations and legal actions to protect the public interest.
Under existing law, the Attorney General maintains oversight of nonprofit colleges and universities to assure compliance with their stated public purpose. Accordingly, final authority rests with the Attorney General, who can review any complaint to assure that a student's complaint was subjected to a fair process consistent with procedures established by the nonprofit college or university. A complaint is an expression of dissatisfaction about a situation that the person making the complaint wants to see rectified. The Student Complaint Procedure is intended to resolve students’ complaints related to College policies, programs, and services. The goal of the procedure is to allow students to exercise their due process rights with a simple and easily understood process.
Any Otis College student, or person acting on a student’s behalf, may express or file
a complaint. All Otis College faculty and staff will refrain from any reprisal or
threat of reprisal against any student registering a complaint.
The Student Complaint Procedure consists of two parts: making internal complaints (within Otis College) and making external complaints (to agencies outside of Otis College). When making an internal complaint regarding the handling of student education records, academic or behavioral conduct, harassment, sexual harassment, or grade appeals, the student complainant should consult The Hoot for specific procedures.
Internal Complaint Procedure
Step 1: Informal Complaint
Students should first attempt to resolve concerns or complaints informally. To make an informal complaint, the student expresses his or her concerns or complaints to the faculty or staff member most directly involved. A student may make an informal complaint verbally or in writing. Students may request that the person’s supervisor be involved in this informal resolution process. Any student needing advice on how to begin an informal complaint should consult the Dean or Assistant Dean of Student Affairs.
Step 2: Formal Complaint
If the student is not satisfied with the conclusions of the informal process, the student may make a formal complaint. Such complaints are made with an expectation that the College will formally investigate and provide a written summary of findings and action steps, if any. Students are normally required to go through the informal process before initiating the formal process.
To make a formal complaint, the student, or person acting on the student’s behalf, submits the complaint using the online Student Complaint Form, available at https://otiscollege.formstack.com/forms/student_complaint. Using the form helps to ensure that full information is provided and makes it easier for the College to respond to the student’s concerns. However, students can also use their own format for writing their complaint and then e-mail (studentaffairs@otis.edu), mail, or deliver (Ahmanson Hall, 2nd floor) it to the Office of Student Affairs, Ahmanson 206.
Otis College will refer the nature of the complaint to the appropriate office or administrators that have oversight and conduct an investigation into the complaint, including interviews with relevant persons, a record review, or other efforts that are necessary to form an accurate and factual basis for the resolution of the complaint. Once the investigation is concluded, Otis College will prepare a brief written report that summarizes the complaint and a finding (either “founded,” meaning a violation has occurred, or “unfounded,” meaning the complaint is without merit). The written report will normally be provided to the student complainant and any relevant persons within 20 business days.
External Complaint Procedure
If the student believes that his or her complaint warrants further attention and is related to the College’s compliance with academic program quality and accrediting standards, the student is directed to contact the WASC Senior College and University Commission (WSCUC) at http://www.wascsenior.org/comments. WSCUC is the primary academic accrediting body for Otis College of Art and Design. Complaints that a student believes warrant further consideration after exhausting the reviews of Otis College and WSCUC may be submitted to the Bureau for Private Postsecondary Education for review of a complaint.
The student may file a complaint with the Bureau of Private Postsecondary Education (“Bureau”) using the Bureau's complaint form. The Bureau may review and, as appropriate, act on the complaint, or may refer the complaint to an appropriate state agency or entity for resolution (e.g, to WSCUC, ACPE, California Student Aid Commission, Attorney General’s office, various state licensing bodies) or request reconsideration by Otis College of Art and Design. The Bureau retains the responsibility to determine whether a referred complaint remains pending or is resolved.
The Bureau may be contacted at:
P.O. Box 980818
West Sacramento, CA 95798-0818
Phone: (916) 431-6959 or (888) 370-7589
FAX: (916) 263-1895
Email: bppe@dca.ca.gov http://www.bppe.ca.gov
If the student believes that his or her complaint warrants further attention and is
related to the handling of the student’s education records, a complaint may be filed
with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland
Avenue, SW, Washington, DC 20202-4605.
Most complaints made to media outlets or public figures, including members of the
California legislature, Congress, the Governor, or individual trustees of Otis College
of Art and Design are referred to the College President’s Office.
Nothing in this disclosure limits any right that you may have to seek civil or criminal
legal action to resolve your complaints.
Otis College of Art and Design has provided this disclosure to you in compliance with the requirements of the Higher Education Act of 1965, as amended, as regulated in CFR 34, Sections 600.9 (b) (3) and 668.43(b). If anything in this disclosure is out of date, please notify the Vice President of Student Affairs and Campus Diversity and Inclusion at:
9045 Lincoln Blvd.
Los Angeles, CA 90045
310-665-6961
studentaffairs@otis.edu