Below are the College’s policies as they relate to discrimination, harassment, and retaliation. In this section you will find the following:
- Discriminatory Harassment Policy
- Sexual Harassment and Non-Discrimination Policy
- Title IX Sexual Harassment and Misconduct Policy
Discriminatory Harassment Policy
Discriminatory Harassment. Any unwelcome conduct based on actual or perceived status including sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation, or other protected status should be reported to campus officials, who will act to remedy and resolve reported incidents. When discriminatory harassment is sufficiently severe, pervasive, or persistent and objectively offensive that it unreasonably interferes with, limits, or denies the ability to participate in or benefit from the College’s educational or employment program or activities, sanctions can be imposed for the creation of a hostile environment.
Sexual Harassment and Non-Discrimination Policy
Otis College of Art and Design expects that all members of the community—students,
faculty, instructors, staff, guests, and visitors— should be able to pursue their
work and education in an environment free from sexual misconduct, violence, harassment,
and intimidation. The College does not tolerate sexual misconduct, violence, harassment,
or intimidation within the work or academic environment, as defined. Below.
Any sexual misconduct that unreasonably interferes with an individual’s work or academic
performance or creates an intimidating, hostile, offensive, or otherwise adverse working
or learning environment, can be a violation of this policy. Such examples may include,
but are not limited to, the following: sexual harassment, sexual violence, sex or
gender-based bullying, hazing, stalking, relationship violence, and failure to provide
equal opportunity in admissions, activities, employment, or professional development.
Violations of The College’s Sexual Harassment and Non-Discrimination Policy
Sexual misconduct is a serious offense, and such violations are subject to any combination of conduct sanctions as described in Section 7: Formal Conduct Procedures with individuals found responsible for violation of the sexual harassment and misconduct policy facing a potential sanction of College suspension or College dismissal. Deviations from this range are rare and only made where there are compelling mitigating circumstances. Suspensions, if given, are based on satisfying conditions rather than administered solely for a period of time. Predatory, pattern and/or repeat offenders face dismissal, which may also be imposed for any serious offense whether pattern, predatory or repeat offending is evidenced or not. The other forms of sexual misconduct defined below cover a range of behaviors, and therefore a range of sanctions from warning to dismissal can be applied, depending on the nature and frequency of the misconduct.
Sexual Harassment
Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of discriminatory harassment. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial, or sensitive subject matters protected by academic freedom.
The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of California regard sexual harassment as an unlawful discriminatory practice.
The section below describes the specific forms of legally prohibited harassment that are also prohibited under Otis College Policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of Otis College Policy, though supportive measures will be offered to those impacted. All offense definitions encompass actual and/or attempted offenses.Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved.
Otis College has adopted the following definitions of sexual harassment in order to address the unique environment of an academic community. Two definitions are required by federal law. While they overlap, they are not identical, and they each apply as noted.
Title Vii: Sexual Harassment (State of CA Definition)
Applies to situations where an employee is subjected to workplace sexual harassment or where a situation involves a residential Complainant in Otis College-provided housing.
- Unwelcome verbal, written, graphic, and/or physical conduct;
- that is severe or pervasive and objectively offensive;
- on the basis of sex/gender, that
- unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities.
Title IX: Sexual Harassment
As an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking. This definition applies to all formal complaints that fall within Title IX jurisdiction as determined by the Title IX Coordinator. To review the full definition and scope of Title IX Sexual Harassment and the formal reporting and resolution processes, go to the Title IX Sexual Harassment page.