Other Sexual Assaults
Domestic Violence
felony or misdemeanor crimes committed by a person who:
- Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
- Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
- Shares a child in common with the victim; or
- Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction
Dating/relationship Violence
Violence committed by a person:
- Who is or has been in a social relationship of a romantic or intimate nature with the victim
- Where the existence of such a relationship shall be determined based on a consideration
of the following factors:
- The length of the relationship;
- The type of relationship; and
- The frequency of interaction between the persons involved in the relationship
Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress.
Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
Other Civil Rights Offenses
In addition to the forms of sexual harassment described above, which are covered by Title IX, Otis College of Art and Design additionally prohibits the following offenses as forms of discrimination that may be within or outside of Title IX when the act is based upon the Complainant’s actual or perceived protected characteristic.
Bullying
Repeated and/or severe aggressive behavior that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant, that is not speech or conduct that is otherwise protected by the First Amendment.
Discrimination
Actions that deprive, limit, or deny other members of the community of educational or employment access, benefits, or opportunities, including disparate treatment.
Harm/ Endangerment
Threatening or causing physical harm; extreme verbal, emotional, or psychological abuse; or other conduct which threatens or endangers the health or safety of any person or damages their property.
Hazing
Acts likely to cause physical or psychological harm or social ostracism to any person within the Otis community, when related to the admission, initiation, joining, or any other group-affiliation activity.
Intimidation
Implied threats or acts that cause the Complainant reasonable fear of harm.
Violation of any other Otis College policies may constitute a Civil Rights Offense when a violation is motivated by actual or perceived protected characteristic(s), and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities.
Non-Title IX Conduct
Behavior that does not meet the definitions in this Title IX Sexual Misconduct Policy may be covered under the College’s Sexual Harassment and Non-Discrimination Policy. Disciplinary action for violations of this policy can range from verbal or written warnings, to serious sanctions, up to and including dismissal or termination from the College.
Students with questions regarding these policies or potential instances of harassment or sexual misconduct should be referred to the Title IX Coordinator or the Dean of Student Affairs, and/or encouraged to complete an online “Incident Report” to initiate a complaint process at: https://cm.maxient.com/reportingform.php?OtisCollege&layout_id=2.
Reports may be submitted at any time. Students will not be disciplined or discriminated against in any way for sexual harassment inquiries or complaints made in good faith.
The College’s Title IX Coordinator will be informed of, and oversee, all complaints of sex discrimination/harassment/misconduct and is responsible for identifying and addressing any patterns or systemic problems that arise during the review of such complaints.
Grievance Procedures for Complaints of Sex Discrimination (§ 106.45) For situations that occurred on or after August 1, 2024.
Otis College (or the College) has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.
The College will make every effort to successfully complete the grievance process for complaints of sex discrimination within the time frames outlined within the procedures below. The parties will receive periodic status updates on the progress of the Title IX Grievance Process. During the investigation and/or grievance process for complaints of sex discrimination, the College may take a number of interim actions in order to ensure the preservation of the educational experience and the overall College environment of the parties. These actions may include, but are not limited to, the following: imposing a No Contact Order; residence hall room change for one or more involved parties; changes in academic schedules or assignments for one or more parties; and emergency removal. To read more about Title IX of the Education Amendments of 1972, please visit: https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/sex.html
Retaliation
Protected activity under the Retaliation Policy includes reporting alleged misconduct, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.
Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The College will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.
Otis College and any member of College community are prohibited from taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy and procedure.
Filing a complaint under the Code of Student Conduct could be considered retaliatory if those allegations could be subject to the Title IX grievance process, when the Code of Student Conduct allegations are made for the purpose of interfering with or circumventing any right or privilege provided afforded within the Title IX grievance process that is not provided by Code of Student Conduct. Therefore, the College carefully vets all complaints to ensure this does not happen, and to ensure that complaints are routed to the appropriate process.
The exercise of rights protected under the First Amendment does not constitute retaliation.
Pursuing a Code of Student Conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy and procedure does not constitute retaliation, provided that the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.