Legal Definitions
Complainant is an individual who is alleged to be the victim of conduct that could constitute
sexual harassment.
Advisor is a person chosen by a party or appointed by the institution to accompany the party
to meetings related to the Resolution Process, to advise the party on that process,
and to conduct questioning for the party at the hearing, if any.
Appeal Decision-Maker is the person or panel who accepts or rejects a submitted appeal request, determines whether an error occurred that substantially affected the investigation or original determination, and directs corrective action, accordingly.
Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity.
Confidential Resource means an employee who is not a Mandated Reporter of notice of harassment and/or retaliation (irrespective of Clery Act Campus Security Authority status).
Day means a business day when the Otis College is in normal operation.
Decision-maker means the person or panel who hears evidence, determines relevance, and makes the Final Determination of whether this Policy has been violated and/or assigns sanctions.
Directly Related Evidence is evidence connected to the complaint, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and cannot be relied upon by the Decision-maker(s). Compared to Relevant Evidence, below.
Education Program or Activity means locations, events, or circumstances where Otis College exercises substantial control over both the Respondent and the context in which the sexual harassment and/or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized by the Otis College.
Final Determination is a conclusion by the standard of proof that the alleged conduct did or did not violate policy.
Finding is a conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
Formal Complaint means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging a Respondent engaged in sexual harassment or retaliation for engaging in a protected activity and requesting that the Otis College investigate the allegation(s).
Formal Grievance Process means “Process A,” a method of formal resolution designated by the Otis College to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations (34 C.F.R. § 106.45) and the Violence Against Women Act § 304.
Grievance Process Pool includes any Investigators, Hearing Decision-makers, Appeal Decision-makers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same complaint).
Informal Resolution means a complaint resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a formal Final Determination being reached.
Investigator means the person(s) authorized by the Otis College to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an investigation report of Relevant Evidence and a file of Directly Related Evidence.
Mandated Reporter means a Otis College employee who is obligated by policy to share knowledge, notice, and/or reports of sexual harassment and/or retaliation with the Title IX Coordinator [and/or their supervisor].
Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
Official with Authority (OWA) means a Otis College employee who has responsibility to implement corrective measures for sexual harassment and/or retaliation on behalf of the Otis College.
Parties means the Complainant(s) and Respondent(s), collectively.
Process A means the Formal Grievance Process detailed below and defined above.
Process B means any process designated by the Otis College that only applies when Process A does not, as determined by the Title IX Coordinator.
Relevant Evidence is evidence that tends to prove (inculpatory) or disprove (exculpatory) an issue in the complaint.
Remedies are post-Final Determination actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the Otis College’s education program.
Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or retaliation for engaging in a protected activity under this Policy.
Resolution means the result of an Informal Resolution or Formal Grievance Process.
Sanction means a consequence imposed on a Respondent who is found to have violated this Policy.
Sexual Harassment is an umbrella category including the offenses of sexual harassment, sexual assault, stalking, dating violence, and domestic violence. See Section 16 for greater detail.
Student means any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing educational relationship with the Otis College and/or remains interested in continuing to be a student at the college.
Title IX Coordinator is at least one official designated by the Otis College to ensure compliance with Title IX and the Otis College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.
Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the Title IX Conduct Panel.
FAQs
The following are some of the most commonly asked questions regarding the College’s Sexual Misconduct Policy and procedures.
Reports made to on-campus counselors, off-campus health service providers, and off-campus clergy will be kept confidential. All other reports are considered private. The privacy of all parties to a complaint of sexual misconduct will be maintained, except insofar as it interferes with the College’s obligation to fully investigate allegations of sexual misconduct. Where information is shared, it will still be tightly controlled on a need-to-know basis.
In all complaints of sexual misconduct, the Complainant will be informed of the outcome. In some instances, the administration also may choose to make a brief announcement of the nature of the violation and the action taken, to the community, though personally identifying information about the Complainant will not be shared. Certain College administrators are informed privately (e.g., the President of the College, Chief Conduct Officer, Title IX Coordinator, Chief of Safety and Security, etc.). The College must statistically report the occurrence on campus of any of six major violent crimes, including certain sex offenses, and hate crimes in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.
No, not unless you tell them. Whether you are the Complainant or the Respondent, the College’s primary relationship is to the student and not to the parent/guardian; however, in the event of major medical, conduct action, or academic jeopardy, students are strongly encouraged to inform their parents. College officials may directly inform parents when requested to do so by a student, or if a student is in a life-threatening situation.
Yes, if you file a formal complaint, but not directly. Sexual misconduct is a serious offense and the Respondent has the right to question the Complainant; however, the College does provide options for allowing questioning without direct contact, including Zoom, using a room divider, or using separate hearing rooms.
Yes, if you want formal conduct action to be taken against the alleged perpetrator. No, if you choose to respond informally and do not file a formal complaint. One should consult the complete privacy policy described above to better understand the College’s legal obligations regarding information that is shared with various College officials.
First, do not contact the alleged impacted individual. You may immediately want to contact someone in the campus community who can act as your advisor. You may also contact the Title IX Coordinator, who can explain the College’s procedures for dealing with sexual misconduct complaints. You may also want to talk to a counselor in Counseling Services.
Targets of criminal sexual assault need not retain a private attorney to seek prosecution because legal issues will be handled through a representative from the District Attorney’s office. Parties may want to retain an attorney as an advisor and/or if they are considering filing a civil action.
If you want to move, you may request a room change. Room changes under these circumstances are considered emergencies. It is the College’s policy that in emergency room changes, the student is moved to the first available suitable room. Other accommodations available to you might include the following:
- Assistance from College support staff in completing the relocation;
- Arranging to dissolve a housing contract and prorate a refund;
- Exam, paper or assignment rescheduling;
- Taking an incomplete in a class;
- Transferring class sections;
- Temporary withdrawal; and/or
- Alternative course completion options;
- A no-contact order;
- Counseling assistance; and/or
- Escorts or other campus safety protections.
Physical information of a sexual assault must be collected within about 120 hours of the assault for it to be useful in a criminalprosecution. If you believe you have been sexually assaulted, you should go to a hospital Emergency Room before washing yourself or your clothing. A sexual assault health professional (a specially trained nurse called a SANE) at the hospital is on call and will counsel you. If you go to the hospital, local police will be called but you are not obligated to talk to the police or to prosecute. The exam will help to keep that option open for you should you decide later to exercise it. The hospital staff will collect information, check for injuries, and address the possibility of exposure to sexually transmitted infections. If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet. (Plastic containers do not breathe and may render forensic information useless.) If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as information. You can take a support person with you to the hospital, and they can accompany you through the exam, if you want. Do not disturb the crime scene—leave all sheets, towels, etc. that may bear information for the police to collect.
No. The College offers amnesty in such situations. The seriousness of sexual misconduct is a major concern, and the College does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.
No, not unless there is a compelling reason to believe that prior use or abuse is relevant to the present complaint.
If you believe that you have experienced non-consensual sexual contact, but are unsure of whether it was a violation of the College’s sexual misconduct policy, you should contact the Title IX Coordinator and/or Dean of Student Affairs. The College provides counselors who can help you to define and clarify the event(s), and advise you of your options.