College will maintain for a period of seven (7) years records of:
- Each sexual harassment investigation including any determination regarding responsibility
and any audio or audiovisual recording or transcript required under federal regulation.
- Any disciplinary sanctions imposed on the Respondent.
- Any remedies provided to the Complainant designed to restore or preserve equal access
to the College’s education program or activity.
- Any appeal and the result there from.
- Any Informal Resolution and the result therefrom.
- All materials used to train Title IX Coordinators, Investigators, Decision-makers,
and any person who facilitates an Informal Resolution process. College will make these
training materials publicly available on College’s website.
- Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including:
- The basis for all conclusions that the response was not deliberately indifferent
- Any measures designed to restore or preserve equal access to the College’s education program or activity
- If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances
The College will also maintain any and all records in accordance with state and federal laws.
Disability Accommodations in the Resolution Process
The College is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the College’s resolution process.
Anyone needing such accommodations or support should contact the Director of Disability Services Program Manager or [Appropriate HR individual if employee], who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.
Revision of this Policy and Procedures
This Policy and procedures supersede any previous policy(ies) addressing harassment, sexual misconduct, discrimination, and/or retaliation for incidents occurring on or after August 14, 2020, under Title IX and will be reviewed and updated annually by the Title IX Coordinator. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.
During the resolution process, the Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Title IX Coordinator may also vary procedures materially with notice (on the institutional website, with the appropriate effective date identified) upon determining that changes to law or regulation require Policy or procedural alterations not reflected in this Policy and procedures.
If government laws or regulations change – or court decisions alter – the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws or regulations or court holdings.
This document does not create legally enforceable protections beyond the protections of the background state and federal laws which frame such policies and codes, generally.
This Policy and procedures are effective January 9, 2025.
Risk Reduction Tips
Tips like these tend to make individuals feel blamed if a sexual assault occurs. It is never the Complainant’s fault, and these tips are offered in the hope that recognizing patterns can help individuals to reduce the risk of victimization. That said, only a rapist or an empowered bystander can intervene to prevent a rape or assault. Generally, an assault by a known offender will follow a four-step pattern:
- An individual’s personal space is violated in some way. For example, the perpetrator may touch the individual in a way that does not feel comfortable.
- If the Complainant does not express discomfort, the perpetrator may begin to view the individual as an easy target because they are not acting assertively.
- The perpetrator may take the potential target to a location that is secluded and where the person is vulnerable.
- The individual feels trapped or unable to be assertive and is raped or assaulted.
Decisive action early in an encounter may be the key to avoiding rape. An individual who can combine assertiveness and self-defense skills, who is self-confident and definite in his/her interactions with others, is less likely to become a target of rape. If the individual can assertively defend his/her rights initially, they have a better chance of avoiding being raped than does a person who resorts to techniques such as pleading or trying to talk the perpetrator out of it. If you find yourself in an uncomfortable sexual situation, these suggestions may help you to reduce your risk:
- Make your limits known before things go too far.
- Give clear messages. Say “yes” when you mean yes and “no” when you mean no. Leave no room for misinterpretation. Tell a sexual aggressor “NO” clearly and loudly.
- Try to extricate yourself from the physical presence of a sexual aggressor.
- Grab someone nearby and ask for help.
- Be responsible for your alcohol intake/drug use and realize that alcohol/drugs lower your sexual inhibitions and may make you more vulnerable to someone who views a drunk or high person as a sexual opportunity.
- Watch out for your friends and ask that they watch out for you. A real friend will get in your face if you are about to make a mistake. Respect them if they do.
- Be aware of any nonverbal messages you may be sending that conflict with what you are saying. Notice your tone of voice, gestures, and eye contact.
- Be forceful and firm when necessary. Don’t be concerned with being polite. Your passivity may be interpreted as permission or approval for this behavior.
- Do not acquiesce to something you do not want just to avoid unpleasantness. Do not allow “politeness” to trap you in a dangerous situation. This is not the time to be concerned about hurt feelings.
- Trust your feelings or instincts. If a situation does not feel comfortable to you or you feel anxious about the way your date is acting, you need to respond. Leave immediately if necessary.
If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk for being accused of sexual misconduct:
- Do not make assumptions about the following:
- Consent
- Someone’s sexual availability;
- Whether a person is attracted to you;
- How far you can go; or
- Whether a person is physically and mentally able to consent to you.
- Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
- Mixed messages from your partner should be a clear indication that you should step back, defuse the sexual tension, and communicate better. Perhaps you are misreading your partner. Perhaps your partner has not figured out how far they want to go with you yet. You need to respect the timeline with which your partner is comfortable.
Sex Offenders
In accordance with the Campus Sex Crimes Prevention Act of 2000, which amends the Jacob Wetterling crimes against children and sexually violent offender registration act, the Jeanne Clery Act, and the Family Educational Rights and Privacy act of 1974, Otis College of Art and Design is providing a link to the California State Sex Offender Registry. All sex offenders are required to register in the state of California and to provide notice of each institution of higher education in California at which the person is employed, carries a vocation, or is a student. See www.meganslaw.ca.gov.
In addition to the above notice to the state of California, all sex offenders are required to deliver written notice of their status as a sex offender to the College’s Dean of Student Affairs no later than five (5) business days prior to their enrollment on the College. Such notification may be disseminated by the College to, and for the safety and well-being of, the Otis College community, and may be considered by the College for enrollment and discipline purposes.
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. Students with questions regarding these policies or potential instances of harassment or sexual misconduct should be brought to any of the following individuals: Title IX Coordinator or the Dean of Student Affairs or designee, or complete an online “Title IX Incident Report” or “Student Conduct Incident Report” to initiate a complaint process at: https://www.otis.edu/life-otis/campus-safety/emergencies-incidents/incident-reports.html.
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. If allegations of harassment or sexual misconduct are reported but do not meet the Title IX criterion noted above, the College will follow the process as outlined in the Code of Student Conduct. 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.
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.
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.
Any alleged conduct that is dismissed under the Title IX guidelines and assessment, may be adjudicated through the student conduct process, outlined in the Student handbook, under Section VII: Formal Conduct Procedures.
To read more about Title IX of the Education Amendments of 1972, please visit: www2.ed.gov/about/offices/list/ocr/frontpage/faq/sex.html