Resolution Methods

Alternative Resolution

When any party requests an Alternative Resolution, the Title IX Coordinator will determine if the complaint is suited for an informal approach, and if all parties agree, will provide the Complainant and Respondent written notice that includes: 

• 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 information about both the Alternative Resolution process as well as the formal complaint process
• A statement indicating that the decision to accept a complaint for alternative resolution 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, or attorney
• The date and time of the initial meeting with the alternative resolution facilitator, with a minimum of seven (7) business days notice
• Information regarding Supportive Measures 
• An explanation of the consequences of participating in the Alternative Resolution process, including a summary of the records that will be maintained or could be shared if the parties elect for an Alternative Resolution. 

The Alternative Resolution process is generally expected to be completed within thirty (30) days of its authorization by the Title IX Coordinator, though that timeline may be extended for good cause by the Title IX Coordinator.  The parties will be notified, in writing, of any extension and the reason for the extension.

Participation in an Alternative Resolution is voluntary, and the parties must agree to use it in lieu of a formal grievance process, in writing. Even if the parties agree to an Alternative Resolution, it is within the discretion of the Title IX Coordinator to determine that a report must proceed through Formal Complaint process in certain cases (e.g., where a Respondent is alleged to have violated the Title IX Policy on multiple occasions or with multiple Complainants, or where the reported conduct, if true, presents a threat to the safety of the Otis College community).  If any party does not voluntarily agree in writing to pursue an Alternative Resolution, or if the Complainant, Respondent, or Title IX Coordinator, at any time, determines that Alternative Resolution is no longer appropriate, the Title IX Coordinator will promptly inform the Complainant and Respondent in writing that the complaint will proceed through Formal Resolution.

Once the final terms of an Alternative Resolution have been agreed upon by the parties, in writing, the matter will be considered closed, and will not then proceed to a Formal Complaint process.  Any resolution reached through an Alternative Resolution process will be confirmed in writing and provided to the parties within five (5) business days of reaching a resolution. 

Records of any Alternative Resolution will be maintained and can be shared with other offices as appropriate.

Allegations under Title IX of quid pro quo harassment of a student by an employee will not be addressed through the Alternative Resolution process, and instead only through the formal complaint process. Additionally, if the Alternative Resolution process conflicts with Federal, State, or local law, allegations will not be addressed under the Alternative Resolution process. 

Investigation and Hearing Process

Otis College of Art and Design will ensure an adequate, reliable, and bias-free investigation of complaints. The burden is on the College—not on the Complainant, Respondent, and/or witness(s)---to conduct an investigation that gathers evidence to determine whether sex discrimination has occurred.

The Investigation process, up to evidence review, is generally expected to take about 40 business days, which may be extended for good cause by the Title IX Coordinator.  All parties will be notified, in writing, of any extension granted and the reason for the extension. 

The Investigator will interview all Parties and relevant witnesses and gather relevant documentary evidence provided by the Parties and any identified witnesses, including any expert witnesses.  Interviews may be conducted in person, or via video conference. The Investigator will prepare an Interview Summary of each interview. The Investigator will share the Interview Summary with the interviewee.  The interviewee will have three (3) business days opportunity to correct or comment on any statements made in the Interview Summary. The deadline may be extended for good cause, upon request to the investigator. If the interviewee has no corrections to, or comments on, the Interview Summary, the interviewee will sign an acknowledgement that the interviewee has reviewed and agrees that the Interview Summary is accurate. If the interviewee has corrections or comments to the Interview Summary, the interviewee may submit a written response within three (3) business days reflecting any additions or changes which the interviewee believes are necessary to ensure the accuracy of the interviewee’s interview. If no response is received from the interviewee by the deadline, their Interview Summary will be presumed to be accurate. In all instances where the Investigator includes the Interview Summary as an exhibit to a report, the Investigator will either adjust the Interview Summary to reflect revisions as may be appropriate, or include any interviewee response provided within the Investigation Report.

Each party will be provided with an opportunity to offer relevant witnesses and evidence.  The Investigator will consider all relevant evidence which has a tendency to prove or disprove the allegation(s) (inculpatory and exculpatory).

Any and all information for consideration by the Hearing Officer must be provided to the investigator as part of the investigation process.  Information that was not provided to the Investigator will not be allowed during the hearing itself, unless it can be clearly demonstrated that such information was not reasonably known to or available to the Parties at the time of the investigation. In the event that new evidence is provided at the hearing, either the Hearing Officer or Title IX Coordinator may send the complaint back to the investigator for further inquiry.

Evidence Review

At the conclusion of all interviews and fact gathering, and when the evidence has been gathered, the Investigator will provide each party and their advisor the opportunity to review all the evidence gathered that is directly related to the allegation(s). This will include both inculpatory and exculpatory evidence.  Given the sensitive nature of the information provided, the information will be provided in a secure manner (e.g., by providing digital copies of the materials through a protected, “read-only” web portal).  Neither the Complainant nor the Respondent (nor their advisors) may copy, remove, photograph, print, image, video record, record, or in any manner otherwise duplicate or remove the information provided.  Any student or employee who fails to abide by this policy may be subject to discipline. Any advisor who fails to abide by this policy may be subject to discipline and/or may be excluded from further participation in the process. Advisors will be asked to sign a non-disclosure agreement before any materials are provided to them for review. 

The parties will then have ten (10) business days in which to respond to the evidence. Each may provide a response in writing, or verbally, to the Investigator. The Investigator will incorporate any response provided by the Parties into the Final Investigation Report. Along with their response to the evidence, the Parties may also submit a written request for additional investigation, such as a request for a follow-up interview(s) with existing witnesses to clarify or provide additional information, including offering questions to the investigator to pose to witnesses or to the other party. This response may include written, relevant questions that a party would like the investigator to ask of any party or witness. If any of the questions posed will be excluded as not relevant, or not likely to lead to relevant information, the investigator will explain any decision to exclude a question as not relevant in the Final Report.

Upon receipt of each party’s response to the evidence reviewed, the investigator will determine if any additional investigation is needed and respond to all review and comment within the Final Report.  

In addition, each party may offer new witnesses or other new evidence. The Investigator will take into account the responses provided, will pose questions to parties or witnesses as appropriate, and interview new witnesses, and accept new, relevant, evidence.

If new relevant evidence is provided by any party, or gathered by the Investigator, the newly gathered evidence (including answers to clarifying questions) will be made available for review by each party. Each party will have five (5) business days in which to respond to the new evidence. Each may provide a response in writing, or verbally, to the Investigator. The Investigator will incorporate any written response provided by the Parties into the Final Report.

Exclusion of Questions Regarding Complainant’s Past Sexual Behavior, or Predisposition

Questions and evidence about the complainant’s sexual predisposition are never permitted. Questions about the Complainant’s prior sexual behavior are not relevant and will not be asked, unless such questions and evidence about the complainant’s prior sexual behavior are offered for one of two reasons: (a) to prove that someone other than the respondent committed the conduct alleged by the complainant, or (b) if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

Investigation Report

After all review and comment, the Investigator will then prepare a Final Report summarizing all of the relevant evidence gathered and all investigative steps taken to date. Each party and advisor will be provided with a copy of the written report, containing all relevant evidence, and ten (10) business days to review and comment on it to the Hearing Chair prior to or at the hearing. The Final Report will include as an attachment all directly related evidence gathered during the investigation, as well as all interview notes and interview summaries, showing the original (as sent to each interviewee for review) and the revised version, after corrections or additions by each interviewee.

Conclusion of Investigation, Notice of Hearing

Prior to sharing the Final Report with the parties, the Title IX Coordinator will review the final Investigation Report, with attachments. The Title IX Coordinator may require that the Investigator conduct additional investigation. Once the Investigation Report is final, it will be provided through a protected, read-only, server, together with all attachments, to each Party.

At the same general time, each party will be provided with a Notice of Hearing, which will include information regarding the date of the hearing, the identity of the Hearing Officer and hearing panel, and any deadlines for submission of evidence, names of witnesses, etc.  The hearing will be scheduled no less than 10 business days from the date of the Notice of Hearing.

Within three (3) business days of receipt of the Notice of Hearing, either party may object to the hearing officer, or hearing panel, on the basis of an actual bias or conflict of interest.  Any objection is to be in writing and sent to the Title IX Coordinator.  Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator will remove the hearing officer and appoint another. No decision-maker may have a bias for or against complainants or respondents generally, or for or against any complainant or respondent in particular. 

Advisor for Hearing

Each party is entitled to one advisor at the hearing. The role of the Hearing Advisor is to ask questions of the party they are advising, the other Party, and of witnesses, but not to advocate for, or otherwise speak on behalf of, the advisee during the hearing. No party will be permitted to ask direct questions of the other Party, or of a witness. An advisor of the College’s choosing will be provided for any party who does not have an advisor, if that party wishes to conduct cross-examination. The advisor will be invited to attend a pre-hearing meeting with their party, which will be scheduled by the Hearing Officer for no later than three (3) business days before the hearing. This meeting will be an opportunity to understand the hearing process and afford each party an opportunity to ask questions pertaining to the hearing process. The Hearing Officer will also review possible questions for the hearing, should the parties or advisors elect to submit them in advance. 

Hearing

Hearings may be in person or via videoconferencing. Each hearing will be recorded, on video with an audio transcript. No other individual is permitted to record while the hearing is taking place. The recording is the property of Otis College, and will be available for listening by contacting the Title IX Coordinator.

Only the College can call witnesses, a list of whom must be arranged for in advance in collaboration between the Hearing Officer and the parties. Each party may submit the names of witnesses they would like to call no less than five (5) business days in advance. Witnesses must have information relevant to the incident, including expert witnesses. No party will be permitted to call as a witness anyone who was not interviewed by the Investigator as part of the College’s Investigation. 

Up to three business days prior to the hearing, each party may submit to the Hearing Officer a preliminary list of questions they wish to pose to the other party, or to a witness. If the hearing officer determines that any are not relevant, the hearing officer will explain the reason for the exclusion of the question either prior to or at the hearing.

The hearing officer will have the authority to limit the time allotted to any phase of the hearing, and/or to limit the time allotted to the full hearing. Any such limitation will be communicated to the parties no later than three (3) business days before the hearing.

The hearing will start with an overview of the hearing process from the hearing officer. The Investigator will then present a summary of the evidence and be subject to questioning by the panel and then the advisors. Then, the Complainant may offer an opening statement. The panel will then pose questions to the Complainant. When the hearing officer has concluded, the Complainant’s advisor will be permitted to question the Complainant, then the Respondent’s advisor may pose questions to the Complainant. If the hearing officer has any additional questions, those will be posed by the hearing officer. If the advisors have any follow-up questions for the Complainant, the advisor will ask those questions. Next, the Respondent may offer an opening statement. The panel will then pose questions to the Respondent. When the hearing officer has concluded, the Respondent’s advisor will be permitted to question the Respondent, then the Complainant’s advisor may pose questions to the Respondent. If the hearing officer has any additional questions, those will be posed by the hearing officer. If the advisors have any follow-up questions for the Respondent, the advisor will ask those questions. Then, each witness will be called, in order. Questioning will be by the panel, then the Complainant’s advisor, then the Respondent’s advisor. The parties will then be offered the opportunity to make closing statements. This statement is to be made by the party directly, and not by their advisor. This closing statement is not evidence, but is intended as an opportunity to address the decision-maker directly. It should not include impact evidence. Impact statements should be submitted before the close of all evidence, in writing, to the hearing officer, who will exchange the statements between the parties. The panel will only consider impact evidence as it relates to sanctions, if a policy violation is found. 

The hearing officer may refuse to allow those questions that seek information that is not relevant under this Policy, including those that are unduly repetitious or abusive. The hearing officer is not required to provide a lengthy or complicated explanation, but is required only to explain the reason why a question is not relevant.

If either Party does not appear or participate, their advisor may still be present for the purpose of asking questions of the other party, or of witnesses. No party or witness is required to attend or participate, and the panel will draw no inferences solely from the decision not to attend or participate.

The panel will then deliberate, making a decision by a majority vote on each policy allegedly violated. The Hearing Officer will then prepare a report. To the extent credibility determinations need to be made, they will not be based on a person’s status as complainant, respondent, or witness. The Hearing Officer’s report will be provided to the parties within fourteen (14) business days after the hearing.

The Hearing Officer’s report will include:

• The allegations
• Description of all procedural steps taken
• Findings of fact
• Final determination applying facts to the policy
• Rationale for each finding/determination, by the preponderance of the evidence
• Sanctions and Remedies
• Rationale for sanctions
• Procedure for appeal
• When the decision is considered final and any changes to the decision that occur prior to finalization
• The written decision will be sent simultaneously to each party