Informal Resolutions
Alternative Approaches
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 Coordinatorwill 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.
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.[1]
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.