Upon conclusion of the grievance process, when there is a finding of responsibility, the Complainant will be offered remedies designed to restore or preserve equal access to the institution’s education program or activity. Some examples are individualized supportive measures, tutoring, or counseling.
Factors considered when determining a sanction/responsive action may include, but are not limited to:
- The nature, severity of, and circumstances surrounding the violation(s)
- The Respondent’s disciplinary history
- The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
- The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
- The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
- The impact on the parties
- Any other information deemed relevant by the Decision-maker(s)
The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.
The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by external authorities.
If it is later determined that a party or witness intentionally provided false or misleading information, that action could be grounds for reopening a grievance process at any time, and/or referring that information to another process for resolution.
Student Sanctions
The following are the common sanctions that may be imposed upon students singly or in combination:
- Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any College policy, procedure, or directive will result in more severe sanctions/responsive actions.
- Required Counseling: A mandate to meet with and engage in either College-sponsored or external counseling to better comprehend the misconduct and its effects.
- Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
- Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met.
- Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at College.
- Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend College sponsored events.
- Withholding Diploma: The College may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities as a sanction if the student is found responsible for an alleged violation.
- Revocation of Degree: The College reserves the right to revoke a degree previously awarded from the College for fraud, misrepresentation, and/or other violation of College policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
- Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.
Student Organization Sanctions
The following are the common sanctions that may be imposed upon student organizations singly or in combination:
- Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any College policy, procedure, or directive will result in more severe sanctions/responsive actions.
- Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social and event privileges, denial of College funds, ineligibility for honors and awards, restrictions on new member recruitment, no-contact orders, and/or other measures deemed appropriate.
- Suspension: Termination of student organization recognition for a definite period of time not to exceed two years and/or until specific criteria are met. During the suspension period, a student organization may not conduct any formal or informal business or participate in College-related activities, whether they occur on or off-campus. Re-recognition is possible but not guaranteed and will only be considered after the end of the suspension period and based on meeting all re-recognition criteria and obtaining clearance from the College.
- Expulsion: Permanent termination of student organization recognition and revocation of the privilege to congregate and conduct business on campus as an organization for any reason.
- Loss of Privileges: Restricted from accessing specific College privileges for a specified period of time.
- Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.
Employee Sanctions/ Responsive/ Corrective Actions
Responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation include but are not limited to verbal warnings; written warnings; loss of privileges, probation; suspension; termination of employment, or other disciplinary measures as deemed appropriate.
Remedies may include, but are not limited to offering to remove the complainant from the hostile environment (or vice versa); changes in residence arrangements, changes of room locks, contacting professors/managers, changes in schedules or work hours, changes in work assignment/location, or a “no contact” order.
Withdrawal of Resignation Before Complaint Resolution
Students
Should a Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. Should a student Respondent permanently withdraw from the Otis College, the Resolution Process typically ends with dismissal, as the Otis College has lost primary disciplinary jurisdiction over the withdrawn student.
However, the Otis College may continue the Resolution Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged sexual harassment and/or retaliation.
Regardless of whether the complaint is dismissed or pursued to completion of the Resolution Process, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged sexual harassment and/or retaliation. The respondent student who withdraws or leaves while the process is pending may not return to the Otis College in any capacity. Admissions and Registrar will be notified, accordingly. Such exclusion applies to all Otis College locations.
If the student Respondent only withdraws or takes a leave for a specified period of time (e.g., one semester or term), the Resolution Process may continue remotely and, if found in violation, that student is not permitted to return to Otis College unless and until all sanctions, if any, have been satisfied.
Employees
Should an employee Respondent resign with unresolved allegations pending, the Resolution Process typically ends with dismissal, as the College has lost primary disciplinary jurisdiction over the resigned employee. However, Otis College may continue the Resolution Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged sexual harassment and/or retaliation.
Regardless of whether the complaint matter is dismissed or pursued to completion of the Resolution Process, the College will continue to address and remedy any systemic issues or concerns that contributed to the alleged violation(s), and any ongoing effects of the alleged sexual harassment and/or retaliation.
The employee who resigns with unresolved allegations pending is not eligible for academic admission or rehire with Otis College or any Otis College affiliated location, and the records retained by the Title IX Coordinator will reflect that status.