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Title IX Sexual Misconduct Policy

Confidentiality and Reporting Sexual Misconduct

The majority of administrators/faculty/staff members are mandated reporters and have been trained on how to report prohibited conduct under this Policy.[1] However, some campus resources may maintain confidentiality, offering options and advice without any obligation to inform an outside agency or individual unless you have requested information to be shared. The following describes the three reporting options at the College:

Confidential Reporting

If you would like the details of an incident to be kept confidential, you may speak with on-campus counselors, off-campus rape crisis resources, lawyers, or off-campus clergy/chaplains who will maintain confidentiality. Free counseling services within Student Counseling Services  are available to help you and can be seen on an emergency basis during normal business hours.

The above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, professional credentials, or official designation, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.

Private Reporting

You may seek advice from certain personnel  who are still required to report information to the Title IX Coordinator, while keeping your information as private as possible. Private reporting is not confidential and will still follow all mandated reporting procedures but will do so in a way that protects privacy. These resources include: Resident Advisors (RAs), faculty members, advisors to student organizations, residence life staff, admissions officers, student activities personnel, and many others. If you are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. They will be able to tell you and can help you make decisions about who can assist you best. Any non-confidential resource member who receives a report of allegations related to Title IX violations is required to submit a Title IX report to the Title IX Coordinator, in an effort to protect you or other members of the community. If your personally identifiable information is shared, it will be shared with as few people as possible, and all efforts will be made to protect your privacy to the greatest possible extent.

Formally Reporting a Title IX Complaint

Otis College will act on any formal notice/complaint of violation of the, Title IX: Harassment, and Nondiscrimination Policy (“the Policy”) that is received by the Title IX Coordinator[2] or any other Official with Authority by applying these procedures, known as the Formal Grievance Process.

You may file a formal complaint at any time by using the form provided at https://cm.maxient.com/reportingform.php?OtisCollege&layout_id=2.  You may also email the complaint, report it by phone, or make an in-person report with the Title IX Coordinator. The Title IX Coordinator can be reached at 310-846-2554 and/or jjohnsonmills@otis.edu. Upon receipt of a formal complaint, the Title IX Coordinator will reach out to the Complainant to conduct an initial assessment (see below).  

The procedures below apply to all allegations of harassment or discrimination on the basis of an actual or perceived protected characteristic involving students, staff, administrators, or faculty members. These grievance procedures apply to all Policy offenses.

Notice/Complaint[3]

Upon receipt of a complaint or notice of an alleged policy violation by the Title IX Coordinator, the Title IX Coordinator initiates a prompt initial assessment to determine appropriate next steps. The Title IX Coordinator will contact the Complainant to offer supportive measures. This contact with Complainant will include the following information:

  • The College has received a report that the Complainant may have been subjected to sexual harassment. 
  • A statement that retaliation for filing a complaint or participating in a complaint process, or both, is prohibited. 
  • Counseling resources within the institution or the community. 
  • Notice that the Complainant has the right, but not the obligation, to report the matter to law enforcement.
  • The College’s investigation procedures. 
  • A list of potential supportive measures, such as counseling, no-contact directives, housing changes, and academic schedule changes. 
  • The importance of preserving evidence. 
  • A request for the Complainant to meet with the Title IX Coordinator to discuss options for responding to the report. 
  • Information on how the College responds to reports of sexual harassment.

The Title IX Coordinator will then initiate at least one of three responses: 

  1. Offering supportive measures because the Complainant chooses not to file a Formal Complaint.
  2. An Informal Resolution (upon submission of a Formal Complaint), if all involved parties voluntarily agree to an Informal Resolution.
  3. A Formal Grievance Process including an investigation and a hearing (upon submission of a Formal Complaint)

The College uses a Formal Grievance Process as described below to determine whether the Policy has been violated. If so, the College will promptly implement effective remedies designed to ensure that harassment or discrimination, its potential recurrence, and/or its effects, are meaningfully addressed.

If the Title IX Coordinator receives notice from a third party who is not the actual Complainant, the Coordinator will take appropriate steps to address and remedy any potential hostile environment, to the extent possible based on the information received.

Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speak-outs do not provide notice that must be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from the College.

Intake Assessment

Following receipt of notice or a complaint of an alleged violation of this Policy, the Title IX Coordinator[4] engages in an initial assessment, typically within one to five (1-5) business days. The steps in an initial assessment can include:

  • The Title IX Coordinator seeks to determine if the person impacted wishes to make a Formal Complaint, and will assist them to do so, if desired. 
  • If they do not wish to do so, the Title IX Coordinator determines whether to initiate a complaint themselves [because a violence risk assessment indicates a compelling threat to health and/or safety].
  • If a Formal Complaint is received, the Title IX Coordinator assesses its sufficiency and works with the Complainant to make sure it is correctly completed.
  • The Title IX Coordinator reaches out to the Complainant to offer supportive measures. 
  • The Title IX Coordinator works with the Complainant to ensure they are aware of the right to have an Advisor.
  • The Title IX Coordinator works with the Complainant to determine whether the Complainant prefers a supportive and remedial response,[5] an Informal Resolution option, or a formal investigation and grievance process. 
    • If a supportive and remedial response is preferred, the Title IX Coordinator works with the Complainant to identify their needs, determine appropriate supports, and implements accordingly. No Formal Grievance Process is initiated, though the Complainant can elect to initiate one later, if desired. 
    • If an Informal Resolution option is preferred, the Title IX Coordinator assesses whether the complaint is suitable for Informal Resolution,[6][7] [, which informal mechanism may serve the situation best or is available,] and may seek to determine if the Respondent is also willing to engage in Informal Resolution. 
    • If a Formal Grievance Process is preferred by the Complainant, the Title IX Coordinator determines if the alleged misconduct falls within the scope of the 2020 Title IX regulations and subsequent amendments: 
      • If it does, the Title IX Coordinator will initiate the formal investigation and grievance process, directing the investigation to address, based on the nature of the complaint:
        • an incident, and/or 
        • a pattern of alleged misconduct, and/or 
        • a culture/climate issue 
      • If alleged misconduct does not fall within the scope of the Title IX regulations, the Title IX Coordinator determines that the regulations do not apply (and will “dismiss” that aspect of the complaint, if any), assesses which policies may apply and will refer the matter accordingly. Please note that dismissing a complaint under the 2020 Title IX regulations is solely a procedural requirement under Title IX, which does not limit the College’s authority to address a complaint with an appropriate process and remedies.

In the event the allegation involves a sexual assault, dating or domestic violence, or stalking, that aligns with the location requirements of the federal Clery Act, the Title IX Coordinator will document and report data to the Chief of Campus Safety and Security for statistical purposes. Generally, this data will not personally identify those involved in the incident(s). 

 Note:  Any Supportive Measures put in place will be kept confidential, except to the extent that doing so impairs the ability of the institution to provide the supportive measures.  For example, in order to facilitate a housing change, Residential Life and Housing staff are informed of the need to assist with a housing change as directed by the Title IX Coordinator but will not be provided with any of the details of a complaint.

Notice to Respondent

Upon the filing of a Title IX Complaint, written notice is provided to the Respondent.  Such notice includes the following information:

  • The specific allegation and the specific conduct that is alleged to have occurred
  • The identity of the Complainant
  • The date and location (if known) of the conduct that is alleged to have occurred
  • A copy of this policy, which contains the process that will be followed, including an explanation that each party will have the right to inspect and review all reports and any submitted evidence prior to the completion of the investigation
  • A statement indicating that the decision to accept a complaint does not presume that the conduct at issue has occurred, and that the Respondent is presumed not responsible, unless and until, at the conclusion of the process below, there is a determination of responsibility
  • An explanation that each party may be accompanied by an advisor of their choice, who may be a parent, friend, attorney, or any other individual they choose
  • The date and time of the initial meeting with the Title IX Coordinator, with a minimum of 5 business days’ notice
  • The College’s alcohol and drug amnesty policy
  • The name and contact information for the assigned investigator (or investigating company)
  • Information regarding Supportive Measures, which are available equally to the Respondent and to the Complainant

Note:  Should additional allegations be added at a later time, the parties will again be provided with a full written notice.

Emergency Removal

If the College determines that the conduct, as alleged, poses a safety risk to one or more students, or to the College’s educational environment, the College may instruct that the Respondent be suspended, on an interim basis, from the College, from residence halls, or from specific programs or activities.  Any such assessment will be made on a case-by-case basis, based on an individualized safety and risk analysis.  If the College determines that an immediate physical threat to the health or safety of students, or​ ​others justifies removal, then a Respondent may be suspended on an emergency basis.  The decision to do so will be provided to the Respondent in writing.  

The Respondent has an opportunity to challenge the decision immediately following the removal.  To challenge the removal, the Respondent should contact the Dean of Student Affairs, who will explain the college’s process for challenging emergency removals.

The decision to place any Respondent on an emergency removal will not be considered as evidence that any determination has been made regarding potential responsibility. Outside of the Title IX grievance process, the College may also impose interim suspensions under its interim suspension policy, outlined below. 

Standard of Evidence

The decision regarding a Respondent’s responsibility will be determined by a preponderance of the evidence. This means that the Decision Maker will decide whether it is “more likely than not,” based upon all of the evidence, that the Respondent is responsible for the alleged violation(s).

Prohibition on False Evidence Provided During Title IX Process

Each party and every witness is expected to provide truthful information to the investigator, hearing officer, and appeals officer.  Should any party, or a witness, provide knowingly false information as part of this process, this may be considered a violation of the Code of Student Conduct and will be referred to the Dean of Student Affairs.

Mandatory and Discretionary Dismissal under Title IX

The College must dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

  1. The conduct alleged in the Formal Complaint would not constitute Title IX sexual harassment as defined above, even if proved
  2. The conduct did not occur in an educational program or activity controlled by the College (including buildings or property controlled by recognized student organizations), and/or the College does not have control of the Respondent
  3. The conduct did not occur against a person in the United States
  4. At the time of filing a Formal Complaint, a Complainant is not participating in or attempting to participate in the College’s education program or activity[8]

The College may dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing: 

  1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein
  2. The Respondent is no longer enrolled in or employed by Otis College
  3. Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein
  4. If the alleged conduct would, if true, support a finding that another College policy has been violated, the College may, in its sole authority, transfer the complaint for further consideration under the appropriate policy.  

A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it.

Upon any dismissal, the College will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.

This dismissal decision is appealable by any party under the procedures for appeal. [The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.] 

Transfer of Complaints, Sharing of Information

Should any complaint be dismissed under Title IX and then transferred to another office, the College has the right to transfer all communications and information gathered to any other College administrator who will be reviewing and/or addressing the complaint.

Counterclaims

The college is obligated to ensure that the grievance process is not abused for retaliatory purposes, thus counterclaims made with retaliatory intent will not be permitted. The college permits the filing of counterclaims but uses an initial assessment, described above, to assess whether the allegations in the counterclaim are made in good faith.

Counterclaims determined to have been reported in good faith will be processed using the Resolution Process below. Investigation of such claims may take place after resolution of the underlying initial complaint, in which case a delay may occur.

Counterclaims may also be resolved through the same investigation as the underlying complaint, at the discretion of the Title IX Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this policy.

No Conflict of Interest or Bias

Any individual carrying out this policy must be free from any actual conflict of interest or bias that would impact the outcome.  Should the Title IX Coordinator have a conflict of interest, the Title IX Coordinator is to immediately notify the Dean of Student Affairs, who will take the role of Acting Title IX Coordinator for purposes of carrying out the management of the complaint.  Should any investigator have a conflict of interest, the investigator is to notify the Title IX Coordinator upon discovery of the conflict.  

Any party may object to the Title IX Coordinator or designated investigator, hearing officer, or appeals officer, on the grounds of an actual bias or conflict of interest. If any of the parties objects, they must notify the Title IX Coordinator or Acting Title IX Coordinator, who will evaluate whether the objection is substantiated. The party raising the objection will be notified in writing of the findings within three (3) business days. If it is determined that an actual bias or conflict of interest exists, the person who was the subject of the objection will be removed and replaced, and the effects of the bias or conflict will be addressed and ameliorated.

Presumption of Non-Responsibility

The decision to proceed with an investigation is not a determination that the Respondent has engaged in the conduct as alleged.  Any Respondent is presumed not responsible for the conduct that is the subject of the investigation, unless and until a decision of responsibility has been made upon the completion of the grievance process.

Advisor

All parties are permitted to bring an Advisor of their own choosing to any meeting or interview to provide support.  The advisor may be any person, including a family member or an attorney.  The Advisor may accompany the Complainant or Respondent to any and all portions of the grievance process. Other than asking questions of the other party, or of witnesses, at the hearing, the Advisor may not participate directly in, or interfere with, the proceedings. Although reasonable attempts will be made to schedule proceedings consistent with an Advisor’s availability, the process will not be delayed to schedule the proceedings or hearing at the convenience of the Advisor. The Hearing Officer has the discretion to remove the Advisor from the proceedings if the Advisor interferes with the proceedings. For any Complainant or Respondent who does not have an Advisor at the hearing, one will be provided, at no charge, for purposes of conducting any cross-examination of the other party or witnesses.   

An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor unless the party being advised consents to that information being shared. It is otherwise considered off-limits, and an Advisor who is an institutional employee is temporarily alleviated from mandated reporter responsibilities related to their interaction with their advisee during the Resolution Process.

Requests for Delays, and Extensions of Time

The Title IX Coordinator may extend any deadlines within this policy for good cause shown and documented.  The Complainant and Respondent will be notified in writing of any extension, the reasons for it, and projected new timelines.  

 

[1] CA Educ. Code, Section 66281.8 requires institutions with on-campus housing to ensure that residential life student and nonstudent staff, or their equivalent, annually receive training on how to handle, in a trauma-informed manner, reports made to them of sexual harassment or sexual violence, and situations in which they are aware of sexual harassment or sexual violence, in student residential facilities.

[2] Anywhere this procedure indicates “Title IX Coordinator,” the recipient may substitute a trained designee.

[3] CA Educ. Code, Sec. 66281.8 provides regardless of whether or not a complaint has been filed under the institution’s grievance procedures, if the institution knows, or reasonably should know, about possible sexual harassment involving individuals subject shall promptly investigate to determine whether the alleged conduct more likely than not occurred, or otherwise respond if the institution determines that an investigation is not required. If the institution determines that the alleged conduct more likely than not occurred, it shall immediately take reasonable steps to end the harassment, address the hostile environment, if one has been created, prevent its recurrence, and address its effects. A postsecondary institution shall be presumed to know of sexual harassment if a responsible employee knew, or, in the exercise of reasonable care, should have known, about the sexual harassment. The institution may rebut this presumption of knowledge if it shows all of the following:

  • The institution provides training and requires all nonconfidential responsible employees to report sexual harassment.
  • Each nonconfidential responsible employee with actual or constructive knowledge of the conduct in question was provided training and direction to report sexual harassment.
  • Each nonconfidential responsible employee with actual or constructive knowledge of the conduct in question failed to report it.
    • The institution shall consider and respond to requests for accommodations relating to prior incidents of sexual harassment that could contribute to a hostile educational environment or otherwise interfere with a student’s access to education where both individuals are, at the time of the request, subject to the institution’s policies.

[4] If circumstances require, the Dean or Title IX Coordinator will designate another person to oversee the Resolution Process should an allegation be made about the Coordinator or the Coordinator be otherwise unavailable, unable to fulfill their duties, or have a conflict of interest.

[5] Per CA Educ. Code, Section 66281.8, an institution will not require a Complainant enter a voluntary resolution agreement or any other form of resolution as a prerequisite to receiving remedial measures from the institution which safeguard the Complainant’s access to education.

[6]  Per the 2020 Title IX regulations, recipients are prohibited from Informal Resolution of a complaint by a student against an employee.

[7]  Per CA Educ. Code, Section 66281.8, an institution may not mandate mediation to resolve allegations of sexual harassment, and will not allow mediation, even on a voluntary basis, to resolve allegations of sexual violence. Other forms of informal resolution that are not mediation are permitted.

[8] Such a Complainant is still entitled to supportive measures, but the formal grievance process is not applicable unless the Title IX Coordinator signs the complaint in the event the Complainant cannot/will not do so.

 

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