Resolution Processes

Resolution Processes for Alleged Violations of Sexual Harassment Policy

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 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, call the Title IX Coordinator, or make an in-person report with the Title IX Coordinator. The Title IX Coordinator can be reached at 310-846-2554. 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. A set of technical dismissal requirements within the Title IX regulations may apply as described below, but when a technical dismissal under the Title IX allegations is required, any remaining allegations may proceed using these same grievance procedures, clarifying which Policy provisions above are applicable. Although the effect of the Title IX regulations can be confusing, these grievance procedures apply to all Policy offenses.

Notice/Complaint

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 the next steps the College needs to take. The Title IX Coordinator will contact the Complainant to offer supportive measures and determine whether the Complainant wishes to file a Formal Complaint. 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 and a description of potential disciplinary consequences.

Initial Intake Assessment

Following receipt of notice or a Formal Complaint of an alleged violation of this Policy, the Title IX Coordinator 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, 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, determines the 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, which informal mechanism may serve the situation best or is available, mediation or restorative practices approach through restorative conferences, 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:

• 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.

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

1. Offering supportive measures because the Complainant does not want to file a Formal Complaint
2. An Informal Resolution (upon submission of a Formal Complaint)
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 it is not deliberately indifferent to harassment or discrimination, their potential recurrence, and/or their effects. 

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 seek a specific response from the College.

Violence Risk Assessment (VRA)

In some cases, the Title IX Coordinator may determine that a Violence Risk Assessment (VRA) should be conducted by the Threat Assessment Team as part of the initial assessment. A VRA can aid in ten critical and/or required determinations, including:

1. Emergency removal of a Respondent on the basis of an immediate threat to an individual or the community’s physical health/safety
2. Whether the Title IX Coordinator should pursue/sign a Formal Complaint absent a willing/able Complainant
3. Whether the scope of the investigation should include an incident, and/or pattern of misconduct and/or climate of hostility/harassment
4. To help identify potential predatory conduct
5. To help assess/identify grooming behaviors
6. Whether it is reasonable to try to resolve a complaint through Informal Resolution, and if so, what approach may be most successful
7. Whether to permit a voluntary withdrawal by the Respondent
8. Whether to impose transcript notation or communicate with a transfer Otis College about a Respondent
9. Assessment of appropriate sanctions/remedies (to be applied post-hearing)
10. Whether a Clery Act Timely Warning/Trespass order/Persona-non-grata is needed

Threat assessment is the process of evaluating the actionability of violence by an individual against another person or group following the issuance of a direct or conditional threat. A VRA is a broader term used to assess any potential violence or danger, regardless of the presence of a vague, conditional, or direct threat. VRAs require specific training and are typically conducted by psychologists, clinical counselors, social workers, case managers, law enforcement officers, student conduct officers, or other Behavioral Intervention Team (BIT)/CARE team members.

A VRA authorized by the Title IX Coordinator should occur in collaboration with the BIT/CARE or threat assessment team. Where a VRA is required by the Title IX Coordinator, a Respondent refusing to cooperate may result in a charge of failure to comply within the appropriate student or employee conduct process.

A VRA is not an evaluation for an involuntary behavioral health hospitalization (e.g., 5150 in California, Section XII in Massachusetts, Baker Act in Florida), nor is it a psychological or mental health assessment. A VRA assesses the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement, criminology, human resources, and psychology.

Dismissal (Mandatory and Discretionary)

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 education program or activity controlled by Otis 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, and based on the available information, the Title IX Coordinator has determined that they do not need to sign a Formal Complaint on behalf of Otis College.

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.

Right to An 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.

Who Can Serve as an Advisor

The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the Resolution Process. The parties may choose Advisors from inside or outside of the Otis College community.

The Title IX Coordinator will also offer to assign a trained Advisor to any party if the party so chooses. If the parties choose an Advisor from the pool available from the College, the Advisor will have been trained by the College and be familiar with the College’s Resolution Process.

If the parties choose an Advisor from outside the pool of those identified by the College, the Advisor may not have been trained by the College and may not be familiar with College policies and procedures.

Parties also have the right to choose not to have an Advisor in the initial stages of the Resolution Process prior to a hearing.

Advisor’s Role in Meetings and Interviews

The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.

The College cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the College is not obligated to provide an attorney. 

Where applicable under state law or Otis College policy, Advisors or attorneys are permitted to fully represent their advisees or clients in resolution proceedings, including all meetings, interviews, and hearings. Although Otis College prefers to hear from parties directly, in these cases, parties are entitled to have evidence provided by their chosen representatives.

Advisors in Hearings/Otis College-Appointed Advisor

Under the Title IX Regulations, a form of indirect questioning is required during the hearing but must be conducted by the parties’ Advisors. The parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, the College will appoint a trained Advisor for the limited purpose of conducting any questioning of the parties and witnesses.

Pre-Interview Meetings

Advisors and their advisees may request to meet with the Investigator(s) conducting interviews/meetings in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and Otis College’s policies and procedures.

Advisor Violations of Otis College Policy

All Advisors are subject to the same Otis College policies and procedures, whether they are attorneys or not, and whether they are selected by a party or assigned by the College. Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address College officials or Investigators in a meeting or interview unless invited to do so (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or decision-maker(s) except during a hearing proceeding during questioning.

The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the Resolution Process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.

Any Advisor who oversteps their role as defined by this Policy, or who refuses to comply with the College’s established rules of decorum for the hearing, will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing may be ended, or other appropriate measures implemented, including the College requiring the party to use a different Advisor or providing a different College-appointed Advisor. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

Sharing Information with the Advisor

The College expects that the parties may wish to have the College share documentation and evidence related to the allegations with their Advisors. Requests to share confidential information must be submitted by use of this form: https://cm.maxient.com/reportingform.php?OtisCollege&layout_id=4 

The College expects all parties to communicate directly with their Advisors. Parties can request Otis College to communicate directly with their Advisors, and the Title IX Coordinator will review and approve those requests at their discretion.

If a party requests that all communication be made through their attorney Advisor, the College will not comply with that request OR will comply with that request at the discretion of the Title IX Coordinator.

Advisors appointed by the institution will not be asked to disclose details of their interactions with their advisees to institutional officials or Decision-makers.

Privacy of Records Shared with Advisor

Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by Otis College. [Advisors will be asked to sign Non-Disclosure Agreements (NDAs).] Otis College may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by Otis College’s privacy expectations.

Expectation of an Advisor

Otis College expects an Advisor to adjust their schedule to allow them to attend College meetings/interviews/hearings when planned, but the College may change scheduled meetings/interviews/hearings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

The College may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview/hearing by telephone, video conferencing, or other similar technologies as may be convenient and available. 

Expectations of the Parties with Respect to Advisors

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator(s) of the identity of their Advisor at least two (2) business days before the date of their first meeting with the Investigators (or as soon as possible if a more expeditious meeting is necessary or desired).

The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor should be secured. Parties are expected to inform the Title IX Coordinator of the identity of their hearing Advisor at least two (2) business days before the hearing.

Assistance in Securing an Advisor

For representation, Respondents may wish to contact organizations such as:

• Families Advocating for Campus Equality (http://www.facecampusequality.org)
• Stop Abusive and Violent Environments (http://www.saveservices.org)

 Complainants may wish to contact organizations such as:

• The Victim Rights Law Center (http://www.victimrights.org)
• The National Center for Victims of Crime (http://www.victimsofcrime.org), which maintains the Crime Victim’s Bar Association
• The Time’s Up Legal Defense Fund (https://nwlc.org/times-up-legal-defense-fund/) 

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.

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 Grievance 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 grievance process.

Respondent Accepts Responsibility for Alleged Violations

The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the Resolution Process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether Informal Resolution can be used according to the criteria above.

If Informal Resolution is applicable, the Title IX Coordinator will determine whether all parties and the Otis College are able to agree on responsibility, restrictions, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of Otis College policy and implements agreed-upon restrictions and remedies and determines the appropriate sanction(s) in coordination with other appropriate administrator(s), as necessary.

This result is not subject to appeal once all parties indicate their written assent to all agreed upon resolution terms. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.

When a resolution is accomplished, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the sexual harassment or retaliation, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

Formal Grievance Process: Notice of Investigation and Allegations

The Title IX Coordinator will provide written Notice of the Investigation and Allegations (the “NOIA”) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare for the interview and to identify and choose an Advisor to accompany them. The NOIA is also copied to the Complainant, who will be given advance notice of when the NOIA will be delivered to the Respondent. 

The NOIA will include: A meaningful summary of all allegations

• The identity of the involved parties (if known)
• The precise misconduct being alleged
• The date and location of the alleged incident(s) (if known)
• The specific policies implicated
• A description of the applicable procedures
• A statement of the potential sanctions/responsive actions that could result
• A statement that the Otis College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
• A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity during the review and comment period to inspect and review all directly related and/or relevant evidence obtained
• A statement about Otis College’s policy on retaliation.
• Information about the confidentiality of the process.
• Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor.
• A statement informing the parties that Otis College’s policy prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process.
• Detail on how the party may request disability accommodations during the Resolution Process.
• The name(s) of the Investigator(s), along with a process to identify to the Title IX Coordinator, in advance of the interview process, any conflict of interest that the Investigator(s) may have.
• An instruction to preserve any evidence that is directly related to the allegations.

Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various allegations.

Notice will be made in writing and may be delivered by one or more of the following methods: in person, [mailed to the local or permanent address(es) of the parties as indicated in official Otis College records, or emailed to the parties’ Otis College-issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.

Resolution Timeline

Otis College will make a good faith effort to complete the Resolution Process within a sixty to ninety (60-90) business-day time period, including appeal, if any, which can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.