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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[9] 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 complaint form.

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, determine 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[1], 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

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 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 the 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.