Definitions
Complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
Advisor is a person chosen by a party or appointed by the institution to accompany the party to meetings related to the Resolution Process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any.
Appeal Decision-Maker is the person or panel who accepts or rejects a submitted appeal request, determines whether an error occurred that substantially affected the investigation or original determination, and directs corrective action, accordingly.
Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity.
Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment and/or retaliation (irrespective of Clery Act Campus Security Authority status).
Day means a business day when Otis College is in normal operation.
Decision-maker means the person or panel who hears evidence, determines relevance, and makes the Final Determination of whether this Policy has been violated and/or assigns sanctions.
Directly Related Evidence is evidence connected to the complaint, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and cannot be relied upon by the Decision-maker(s). Compared to Relevant Evidence, below.
Education Program or Activity means locations, events, or circumstances where Otis College exercises substantial control over both the Respondent and the context in which the sexual harassment and/or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized by the Otis College.
Final Determination is a conclusion by the standard of proof that the alleged conduct did or did not violate policy.
Finding is a conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
Formal Complaint means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging a Respondent engaged in sexual harassment or retaliation for engaging in a protected activity and requesting that the Otis College investigate the allegation(s).
Formal Grievance Process means “Process A,” a method of formal resolution designated by the Otis College to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations (34 C.F.R. § 106.45) and the Violence Against Women Act § 304.
Grievance Process Pool includes any Investigators, Hearing Decision-makers, Appeal Decision-makers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same complaint).
Informal Resolution means a complaint resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a formal Final Determination being reached.
Investigator means the person(s) authorized by the Otis College to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an investigation report of Relevant Evidence and a file of Directly Related Evidence.
Mandated Reporter means a Otis College employee who is obligated by policy to share knowledge, notice, and/or reports of sexual harassment and/or retaliation with the Title IX Coordinator [and/or their supervisor].
Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
Official with Authority (OWA) means a Otis College employee who has responsibility to implement corrective measures for sexual harassment and/or retaliation on behalf of the Otis College.
Parties means the Complainant(s) and Respondent(s), collectively.
Process A means the Formal Grievance Process detailed below and defined above.
Process B means any process designated by the Otis College that only applies when Process A does not, as determined by the Title IX Coordinator.
Relevant Evidence is evidence that tends to prove (inculpatory) or disprove (exculpatory) an issue in the complaint.
Remedies are post-Final Determination actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the Otis College’s education program.
Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity under this Policy.
Resolution means the result of an Informal Resolution or Formal Grievance Process.
Sanction means a consequence imposed on a Respondent who is found to have violated this Policy.
Sexual Harassment is an umbrella category including the offenses of sexual harassment, sexual assault, stalking, dating violence, and domestic violence. See Section 16 for greater detail.
Student means any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing educational relationship with the Otis College and/or remains interested in continuing to be a student at the college.
Title IX Coordinator is at least one official designated by the Otis College to ensure compliance with Title IX and the Otis College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.
Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the Title IX Conduct Panel.