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Appeals

Appeals may be filed by either party. Appeals will be sent to the VP of Student Affairs. When an appeal is filed, the other party will be notified, in writing, within one business day, and will then have five (5) business days to respond to the appeal. Any party’s decision not to submit a reply to an appeal is not evidence that the non-appealing party agreed with the appeal. The appeals process is a written exchange, and no hearing is held.

The Appeals Officer may not have any actual conflict of interest or bias. Within three (3) business days of receipt of the Hearing Officer’s report at the conclusion of the hearing, either party may object to the Appeals Officer 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 appeals officer and appoint another. 

Appeals may be filed on the following grounds:

  • Procedural Error: A procedural irregularity occurred that significantly impacted the outcome of the investigation or hearing. A description of the irregularity and its impact on the outcome of the complaint must be included in the written appeal; or
  • New Evidence: New evidence or information has arisen that was not available or known to the party during the investigation or hearing, and that could significantly impact the findings. Information that was known to the Appellant during the investigation or hearing but which they chose not to present is not new information. A summary of this new evidence and its potential impact on the investigation findings must be included in the written appeal.
  • Disproportionate Sanction: The sanction(s) imposed were grossly disproportionate to the severity of the offense. An explanation of why the sanction(s) is/are grossly disproportionate must be included in the written appeal.
  • Conflict of Interest or Bias: The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter. 

The Appeals Officer crafts a letter of rationale which will be sent simultaneously to the parties. The letter will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, and any sanctions that may result which the College is permitted to share according to state or federal law.

Appeal Considerations

Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the specific grounds for appeal.

Decisions on appeal are to be deferential to the original determination, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so.

An appeal is not an opportunity for Appeal Decision-makers to substitute their judgment for that of the original Decision-maker(s) merely because they disagree with the finding and/or sanction(s).

The Appellate Officer may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. Documentation of all such consultation will be maintained.

Appeals granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker(s) for reconsideration.

Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing).

In rare cases where an error cannot be cured by the original Investigator(s) and/or Decision-maker(s) or the Title IX Coordinator (as in cases of bias), the Appeal Chair/Decision-maker(s) may order a new investigation and/or a new hearing with new Pool members serving in the Investigator and Decision-maker roles.

The results of a remand to a Decision-maker(s) cannot be appealed. The results of a new hearing can be appealed, once, on any of the three available appeal grounds. 

In cases that result in reinstatement to the College or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.

Sanctions Status During the Appeal

Any sanctions imposed as a result of the hearing are stayed (i.e.: not implemented) during the appeal process. Supportive measures may be reinstated, subject to the same supportive measure procedures above.If any of the sanctions are to be implemented immediately post-hearing, but pre-appeal, then the emergency removal procedures (detailed above) for a show cause meeting on the justification for doing so must be permitted within 48 hours of implementation. If the original sanctions include separation in any form, Otis College may place a hold on official transcripts, diplomas, graduations, course registration, etc. pending the outcome of an appeal. 

Long-Term Remedies/Other Actions 

Following the conclusion of the Resolution Process, and in addition to any sanctions implemented, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the parties and/or the institutional community that are intended to stop the sexual harassment and/or retaliation, remedy the effects, and prevent reoccurrence.

These remedies/actions may include, but are not limited to:

  • Referral to counseling and health services
  • Referral to the Employee Assistance Program
  • Education to the individual and/or the community
  • Permanent alteration of housing assignments
  • Permanent alteration of work arrangements for employees
  • Policy modification and/or training
  • Provision of transportation assistance
  • Implementation of long-term contact limitations between the parties
  • Implementation of adjustments to academic deadlines, course schedules, etc.

 At the discretion of the Title IX Coordinator, certain long-term support or measures may also be provided to the parties even if no policy violation is found.

When no policy violation is found, the Title IX Coordinator will address any remedies the Otis College owes the Respondent to ensure no effective denial of educational access. 

Otis College will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the College’s ability to provide these services.

Failure to Comply with Sanctions and/or Responsive Actions

All Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the final Decision-maker(s), including the Appeal Chair.

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from Otis College. Supervisors are expected to enforce completion of sanctions/responsive actions for their employees.

A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator. 

Recordkeeping

College will maintain for a period of seven years records of:

  1. Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation
  2. Any disciplinary sanctions imposed on the Respondent
  3. Any remedies provided to the Complainant designed to restore or preserve equal access to the College’s education program or activity
  4. Any appeal and the result therefrom
  5. Any Informal Resolution and the result therefrom
  6. 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.
  7. Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including: 
  8. The basis for all conclusions that the response was not deliberately indifferent
  9. Any measures designed to restore or preserve equal access to the College’s education program or activity\
  10. 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.