TO PROTECT: Student Rights

Right to Learn

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As members of the academic community, Andrews University students are granted certain rights within the learning environment and process. These include the right to be informed of the professor’s expectations for learners, the grading procedure and the schedule by which the course will be conducted. Students also have the right to reasonable assistance from the professor or course tutor under specified conditions of availability. Within the limitations of the academic freedom afforded to professors, students should expect that they will not be unreasonably penalized by changes in course expectations or grading policy from the course syllabus.

A student should be evaluated academically on the basis of scholastic performance and other criteria relevant to the course being taught. Bias, or conduct in matters unrelated to the academic standards of the course, must not play a role in a professor’s academic evaluation. Certain programs, of course, do require evaluations of a student’s personality, character and lifestyle. Unless clearly indicated by a professor, however, these matters should not influence grades in individual courses.

Because professors are responsible for creating an environment in which each student has an opportunity to learn, a professor may suspend—temporarily or long-term—a student who fails to meet reasonable class expectations, disrupts the classroom or otherwise interferes with the educational environment. The professor should report any such class suspension to the relevant department chairperson, dean, vice president for Student Life and/or the University Student Intervention Team.

Right to be Free from Discrimination and Harassment

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Andrews University affirms that every human being is valuable in the sight of God. The University expects students, employees and guests to treat each other and the wider community with respect and dignity, and will not tolerate discrimination or harassment. Students have the right to supportive academic, work and residential settings that are free from conduct that could create a hostile, intimidating or offensive environment. Students and employees should report inappropriate, erratic, harassing, threatening or violent behavior, no matter how mild or severe, that may jeopardize the health or safety of an individual or the community or that disrupts the mission and/or normal processes of the University. This allows the University to address behavioral concerns in a timely manner.

Discrimination
Andrews University prohibits discrimination against any student on the basis of race, color, national origin, sex, religion, age, disability or any other legally protected characteristic. Discrimination that occurs because of a legally protected characteristic may violate the policies of the University even if the discriminatory behavior is not unlawful.

Sexual orientation, which is not a legally protected characteristic, is regarded by the University in a manner consistent with the position of the Seventh-day Adventist Church, which makes a distinction between orientation and behavior. Sexual orientation is not to be a consideration in issues related to academic, work or residential environments, except as necessary to upholding the University’s commitment to moral propriety as understood by the Seventh-day Adventist Church. However, promoting or engaging in certain behaviors is prohibited in the University’s Code of Student Conduct (see Code of Student Conduct ).

Harassment
Andrews University prohibits harassment of any kind. Harassment is often based upon an intentional intolerance or disparagement of personal characteristics such as race, color, national origin, sex, sexual orientation, religion, age or disability, or any legally protected characteristic. Harassment occurs when a person or group engages in unwelcome conduct so severe and/or pervasive that it unreasonably interferes with an individual’s work or academic performance or creates an intimidating, hostile or offensive academic, work or residential environment. Harassment is prohibited whether it takes place on-campus, off-campus, or in cyberspace. This definition of harassment should not be construed to infringe on the right of faculty, staff and students to discuss, inquire, express and petition within the limits described later in this section.

Sexual Harassment
Like other forms of harassment that are based on an individual’s legally protected characteristic, sexual harassment is a form of discrimination, and it is strictly prohibited. Unlawful sexual harassment takes one of two forms: 1) quid pro quo harassment or 2) hostile environment harassment. Quid pro quo harassment typically involves an exchange of sexual favors for some benefit, and it most often occurs where there is a power differential (e.g., professor and student or boss and employee). Hostile environment harassment can occur when conduct is so severe and/or pervasive that it unreasonably interferes with an individual’s work or academic performance or creates an intimidating, hostile or offensive work or academic environment. Both kinds of harassment are prohibited. The following are types of behavior which may constitute sexual harassment:

• Unwelcome sexual advances or requests for sexual favors
• Unwelcome touching
• Showing/displaying sexually suggestive or objectifying pictures or words
• Sexually suggestive jokes

Other unwanted verbal, visual or physical conduct of a sexual nature may constitute sexual harassment when:

• Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment, academic achievement or advancement
• Submission to or rejection of such conduct is used, threatened or insinuated as the basis for decisions affecting employment, wages, promotion, assigned duties or academic standing of an individual
• Such conduct has the purpose or effect of interfering with an individual’s ability to carry out his or her responsibilities

Stalking
Stalking is an insidious form of harassment that may initially be dismissed as harmless yet can dramatically impact the life of the person stalked and pose both physical and psychological risks. Most stalkers know the person they target. Stalking behavior is strictly prohibited and all concerns about stalking should be taken seriously, whether or not there appears to be a level of threat. Stalking behaviors include, but are not limited to:

• Non-consensual communication, including face-to-face, telephone calls, voice messages, electronic mail, online communication, written letters, unwanted gifts, etc.
• Threatening or obscene gestures
• Pursuing or following
• Surveillance or other types of observation
• Trespassing
• Vandalism
• Non-consensual touching

What to do about Discrimination or Harassment
If you witness or experience behavior which you think is inappropriate, you should do something about it. The following steps are suggestions you may want to consider. Every circumstance is different, however, and the important thing is that you do take some steps to correct the behavior.

1. Indicate assertively to the alleged harasser that such conduct is offensive, unwelcome and should be stopped immediately (studies show that most harassers will stop if they know their behavior is offending someone).
2. Document a written report of the incident noting date, time, location; identifying alleged harasser and witnesses; and giving a detailed description of the unwanted behavior incident.
3. Submit the report to one of the following: academic advisor or dean (if classroom-related), work supervisor or human resources director (if work-related), residence hall dean or Student Life (if peer-related or you are unsure who to report to).

Andrews University takes seriously any reports it receives of sexual and other forms of unlawful harassment or discrimination. A process is available for an investigation to be conducted and, where necessary, for corrective action to be taken.

Any student who makes, in good faith, a complaint/report of harassment or discrimination will suffer no adverse action from the University because of that complaint/report.

Right to Relationships

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As a Christian institution of higher learning, Andrews University believes healthy romantic and sexual relationships must be built on biblical principles. In keeping with the Seventh-day Adventist understanding of those principles, we expect students to refrain from all premarital and extramarital sexual relationships and inappropriate displays of affection, including displays of romantic affection between individuals of the same sex.

While relationships and appropriate demonstrations of intimacy are an important part of college student development, couples should respect the rights and interests of their companions and others by limiting displays of affection in public. Couples should avoid lingering in parked vehicles, vacant rooms and secluded campus locations so as to avoid the appearance of impropriety.

As a religious institution, Andrews University claims constitutional guarantees that permit it to have expectations for students and employees regarding their duty to uphold biblical principles of morality, deportment and appearance as interpreted by the Seventh-day Adventist Church. The University views marriage in keeping with the religious beliefs of the Seventh-day Adventist Church, which state that marriage is “a lifelong union between a man and a woman.” Consequently, only couples united in a legal marriage between a man and a woman will be granted marital rights and privileges by the University.

Domestic/Relationship Violence

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Introduction
Andrews University is committed to maintaining a respectful learning and living environment that is free from violence. Domestic/relationship violence in any form is not consistent with this commitment and cannot be tolerated.

Definition of Domestic/Relationship Violence
For the purposes of this policy, “domestic/relationship violence” includes any incident or pattern of coercive or abusive behavior exhibited by a family member or relationship partner. These behaviors often increase in severity and frequency over time and may be cyclical. Domestic/relationship violence includes, but is not limited to:

• Physical abuse
• Pushing, shoving, slapping, punching, kicking or strangling
• Holding, tying down or restraining
• Leaving the victim in a dangerous place
• Emotional/psychological abuse
• Threats of harm and/or intimidation
• Physical or social isolation
• Sexual abuse or misconduct (see Sexual Misconduct Policy )

Resources for Victims of Domestic/Relationship Violence
Victims of domestic/relationship violence are encouraged to seek the assistance of trained counselors. The University’s Counseling & Testing Center (located in Bell Hall, 269-471-3470) or community providers such as the Samaritan Counseling Center, 1850 Colfax, Benton Harbor, Michigan. (269-926-6199), are good places to find this counseling. Victims may also need to consider sheltering services such as those offered by the Safe Shelter (for women and children), PO Box 808, Benton Harbor, Michigan 49023 (269-925-9500). Counselors and chaplains both have confidentiality obligations that preclude them from activating established University processes; therefore, while these individuals are able to provide important support for victims, they are not the individuals to whom official reports should be given.

Initiating a Complaint
The University encourages victims and witnesses of domestic/relationship violence to report the matter to an appropriate University official. Reports are what give the University the opportunity to investigate and address any violations; they also provide the University with an opportunity to ensure that appropriate care and resources are provided for both the complainant and the accused.

Designated University Officials
The University officials to whom reports of domestic/relationship violence should be given are:

• Vice president for Student Life (269-471-2679)
• Student Life deans (269-471-3215)
• Residence hall deans (269-471-3446, 269-471-3390 or 269-471-3360)
• Office of Campus Safety (269-471-3321)

Local Law Enforcement
Domestic/relationship violence may also be criminal. Complainants may wish to inform local law enforcement agencies; upon a complainant’s request the University will assist in making the connection between a complainant and an appropriate law enforcement agency. In Berrien Springs, the local police department can be reached at 269-471-2813.

The University’s Response
The University will take seriously all good faith reports of alleged domestic/relationship violence. Because the University recognizes that domestic/relationship violence includes an attack on an individual’s dignity and self-determination rights, the University will attempt to let complainants select the process for addressing their allegations. The University reserves the right, however, to proceed in whatever manner it deems appropriate.

In general, there are two main paths for addressing domestic/relationship violence: 1) a formal complaint of domestic/relationship violence and 2) an informal consultation pertaining to possible domestic/relationship violence.

If a complainant decides to make a formal complaint of domestic/relationship violence to the University and the accused is a currently enrolled student, the University will generally respond using guidelines provided in the Health, Wellness and Safety policy (see Health, Wellness and Safety ).

Sexual Misconduct Policy

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Introduction
Andrews University is committed to maintaining a respectful learning and living environment that is free from sexual misconduct. Sexual misconduct in any form is not consistent with this commitment, is prohibited and will not be tolerated in the Andrews community. All members of the Andrews University community share a responsibility for upholding this policy.

Definitions

Sexual Misconduct
Sexual misconduct is any sexual penetration, sexual contact, sexual exploitation or sexual harassment that occurs without the effective consent of all individuals involved.

Non-Consensual Sexual Penetration
Non-consensual sexual penetration is any sexual penetration (vaginal, anal or oral), however slight, with any object or part of the body, with another person without that person’s effective consent.

Non-Consensual Sexual Contact
Non-consensual sexual contact is any intentional sexual touching, however slight, with any object or part of the body, with another person without that person’s effective consent.

Effective Consent

• Effective consent is informed and freely and actively given.
• Effective consent cannot result from force, threat, intimidation, coercion or incapacitation.
• Effective consent cannot be given by minors, mentally disabled individuals, or individuals who are mentally or physically incapacitated (such as by alcohol or other drug use, etc.)—see below.
• Consent can be communicated by word or action and must be mutually understandable.
• Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
• Consent at one time does not imply consent to another time.

Incapacitation
When incapacitated, an individual lacks the physical and/or mental ability to make informed, rational judgments (e.g. to understand “who, what, when, where, why or how” of their sexual interactions) and thus cannot give effective consent to sexual activity.

Incapacitation may be temporary or permanent and result from mental disability as well as states including, but not limited to, sleep, unconsciousness, blackouts resulting in memory loss, etc. Incapacitation may also occur in persons who appear to be functional or coherent but still may not be able to make a rational decision or give effective consent.

The impact of consuming alcohol or drugs will vary from person to person. Evaluating incapacitation due to the use of substances requires an assessment of each individual. Warning signs that a person may be approaching incapacitation may include slurred speech, vomiting, unsteady gait, odor of alcohol, combativeness, emotional volatility, etc.

Because incapacitation may be difficult to discern, students are strongly encouraged to err on the side of caution; when in doubt, assume the other person is incapacitated and therefore unable to give effective consent. Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual misconduct and does not diminish one’s responsibility to obtain informed and freely-given consent.

Sexual Exploitation
Sexual exploitation is taking advantage of another person without effective consent. It includes, but is not limited to: causing the prostitution of another person; electronically recording, photographing or transmitting intimate or sexual utterances, acts, sounds or images of another person; allowing third parties to observe sexual acts; engaging in voyeurism; distributing intimate or sexual information about another person; conduct that intentionally exposes a person’s private body parts to others; or knowingly having a sexually transmitted infection (including HIV) and failing to inform a sexual partner prior to engaging in sexual activity.

Sexual Harassment
Sexual Harassment is defined in an earlier University policy. (See Right to be Free from Discrimination and Harassment  for more information.)

Reminders and Resources for Victims of Sexual Misconduct

Medical Assistance
Victims of sexual misconduct are reminded of the importance of the preservation of evidence. Under some circumstances, victims should seek immediate medical attention before washing themselves or clothing. Medical assistance can be sought from any emergency room, such as the one located at Lakeland Medical Center, St. Joseph, Michigan. In addition to the collection of evidence, hospital staff is able to check for other potential injuries and respond to the potential of pregnancy and sexually transmitted diseases.

Confidential Counsel and Support
Victims of sexual misconduct are also encouraged to seek the assistance of trained counselors. The University’s Counseling & Testing Center (located in Bell Hall, 269-471-3470) or a community provider such as the Samaritan Counseling Center, 1850 Colfax, Benton Harbor, Michigan (269-926-6199), are good places to find this counseling. Counselors, pastors and chaplains have confidentiality obligations that prohibit them from reporting and activating established University processes; therefore, while these individuals are able to provide important support for victims, they are not the designated individuals to whom formal or informal reports should be given (see below).

Initiating a Complaint

The University encourages complainants and witnesses to report any violations of this policy to an appropriate University official. Reports are what give the University the opportunity to investigate and address any violations; they also provide the University with an opportunity to ensure that appropriate care and resources are provided for both the victim and the accused. At the same time, before a complainant reveals information (name of the accused, details, etc.) they should understand that only professional counselors, pastors and chaplains are able to retain confidentiality and all other faculty and staff are required to notify the designated University officials.

Designated University Officials
Provost Andrea Luxton is the Title IX Coordinator for Andrews University. You can file complaints of sexual misconduct with her office (269-471-3404) or with other designated University officials. The other designated University officials for complaints of sexual misconduct are:

Student Complaints Regarding Students

• Title IX Deputy Coordinator for complaints regarding students, R. Deborah Weithers, associate dean for Student Life (269-471-6684)
• Vice president for Student Life (269-471-2679)
• Student Life deans (269-471-3215)
• Residence hall deans (269-471-3446, 269-471-3390 or 269-471-3360)
• Office of Campus Safety (269-471-3321)

Student Reports Regarding Faculty or Staff

• Title IX Deputy Coordinator for student complaints regarding faculty or staff, Dennis Waite (269-208-2532)
• Office of Human Resources (269-471-3302)
• Office of Campus Safety (269-471-3321)

Local Law Enforcement
Sexual misconduct may also be criminal. Complainants may wish to inform local law enforcement agencies; upon a complainant’s request, the University will assist in making the connection between a complainant and an appropriate law enforcement agency. In Berrien Springs, the local police department can be reached at 269-471-2813. In an emergency, call 911.

The University’s Processes and Response

The University will take seriously all good faith reports of alleged sexual misconduct. Because the University recognizes that sexual misconduct includes an attack on an individual’s dignity and self-determination rights, the University will attempt to let complainants select the process for addressing their allegations. In general, there are two main paths for addressing sexual misconduct: 1) an informal consultation pertaining to possible sexual misconduct and 2) a formal complaint of alleged sexual misconduct. The University reserves the right, however, to proceed in whatever manner it deems appropriate.

Informal Consultations

• If the complainant desires an informal consultation, he/she should consult with one of the designated University officials listed above for the purpose of exploring whether or not to submit a formal complaint.
• The complainant may be reluctant to identify the accused; however, this will limit the University’s ability to respond.
• The complainant may request the University to address the situation through various interim measures, informal meetings or conversations for the purpose of facilitating emotional wellbeing, separation, as well as to gain understanding and education. The University will seriously consider any such request.

Formal Complaint Process

1. Complaint

• If a student desires to make a formal report of alleged sexual misconduct, the complaint should be submitted to a designated University official listed above.
• The formal complaint should contain, at a minimum, a concise written statement of the alleged violation and a detailed statement of the facts supporting the allegation as well as the names of any witnesses.
• The University official will review the formal complaint and meet separately with the complainant and the accused to receive their formal statements, review University processes and identify support systems.

2. Investigation

• The director of Campus Safety is generally appointed to lead the investigation and is usually assisted by the Deputy Coordinator.
• The investigator will meet with the complainant and the accused, as well as other witnesses, and review texts, emails, other communications and documents to gather facts.
• The investigator will provide a written report and summary of the investigation to the appropriate Title IX Deputy Coordinator and the vice president for Student Life.
• The vice president and Title IX Deputy Coordinator will review the evidence, which includes the investigative report and statements from the complainant and the accused, along with any other relevant information.

3. Hearing and Response

• The vice president will facilitate a formal hearing with the Student Life Deans Council for both the complainant and the accused.
• The Student Life Deans Council will deliberate using the “preponderance of evidence” standard to determine if the accused student is “more likely than not” found responsible, or not responsible, for a sexual misconduct violation.
• If the accused is found responsible, the Student Life Deans Council will determine what type of disciplinary response is appropriate.

4. Duration

• If a criminal complaint has been lodged with local law enforcement by the complainant, the University’s investigation may be delayed temporarily, as requested by the criminal investigators. The University, however, may not wait on the outcome of the criminal processes to begin its own investigation and to take any necessary interim protective measures.
• A typical investigation and response from the University may take up to 60 calendar days.

Regardless of whether an informal consultation takes place or a formal complaint is made, the University will attempt to do the following:

1. Be sensitive, supportive and respectful to all involved individuals.
2. Seek to maintain appropriate levels of confidentiality.
3. Provide both the complainant and the accused with notification of available resources. These resources may include counselors at the Counseling & Testing Center as well as community healthcare providers and campus chaplains.

Citizenship Responses

Non-Consensual Sexual Penetration and Non-Consensual Sexual Contact
Any student found responsible for non-consensual sexual penetration or non-consensual sexual contact will likely receive a recommended citizenship response ranging from probation to dismissal, depending on the severity of the incident.*

Sexual Exploitation or Harassment
Any student found responsible for sexual exploitation or harassment will likely receive a recommended citizenship response ranging from warning to dismissal, depending on the severity of the incident.*

*The Student Life Deans Council reserves the right to broaden or lessen any range of recommended responses in the case of mitigating circumstances or egregiously offensive behavior as well as to take into account any previous or additional Code of Student Conduct violations.

Amnesty and Good Faith Reports
The University wants to facilitate a safe and caring campus climate for all good faith reports of sexual misconduct. In an effort to remove obstacles to reporting, victims or witnesses of sexual misconduct who voluntarily report their own lesser violation of the Code of Student Conduct, such as alcohol consumption, in connection with their report, will not typically receive disciplinary action (according to established voluntary referral processes as outlined in Substance Abuse ). To foster healing and growth, complainants may be asked to engage in educational opportunities.

Additional Information and Rights

The Counseling & Testing Center and the Student Life office provide educational and prevention materials dealing with sexual misconduct. On an annual basis, during orientation, sexual misconduct education is provided to first-year students and periodically for the wider student body. Professional counseling and support services, as well as educational materials and information, are available for all students at the Counseling & Testing Center in Bell Hall. Academic support services are available at the Student Success Center in Nethery Hall.

• Both the complainant and the accused have the right to the same opportunities to present their account of events and to have a designated advocate to assist them, advise them and be present with them throughout the process. Advocates generally will be individuals from within the University’s faculty or staff, as long as they are not a relative of the parties involved.
• The complainant and the accused may elect to seek counsel from an attorney at their own expense; however, in accordance with all University disciplinary processes, attorneys are not permitted to speak or otherwise participate in University proceedings.
• Both the complainant and the accused have the right to be informed of the final outcome of the investigation of the complaint of sexual misconduct and any applicable appeals or disciplinary actions.
• Both the complainant and the accused have the right to appeal the outcome of complaints of sexual misconduct and of any disciplinary actions.
• If the complainant or alleged victim is deceased as a result of such offense, the next of kin of such victim shall be treated as the accuser or alleged victim to receive information regarding the outcome or disciplinary disposition.
• Any complainant or victim of sexual misconduct may request accommodations in academic or work settings, changes in living situations, “no contact” orders or other support systems designed to help the student cope with the situation. Requests are not “guaranteed,” but the University will consider carefully any such requests.
• Once a “no contact” order has been issued, the accused should not attempt to contact the complainant and the complainant should not attempt to contact the accused.
• The University will also consider other appropriate interim measures to facilitate the emotional and physical wellbeing of the parties involved, the broader community and/or integrity of the investigative and resolution process.
• Retaliation harassment from the accused (or the accused’s associates) to the complainant, such as name-calling, taunting or other threatening behavior, is unacceptable, should be reported and will be treated as a separate offense.
• Being under the influence of alcohol or drugs is never a valid defense for the accused or the perpetrator of sexual misconduct.

Registered Sex Offender Policy Statement

Information regarding registered sex offenders is provided by the State of Michigan to the public as well as the campus community and can be reviewed at www.mipsor.state.mi.us.

Right to Discuss, Inquire, Express and Petition

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Each member of the University community is free to express, individually or collectively, his or her views on issues of University policy and procedures and on matters of general interest to students. Interchange of views between students and faculty—person-to-person, in discussion groups or meetings and by written documents presented personally—is encouraged. It is the tradition of students and professors on this campus to speak freely and to listen courteously to the opinions of others. The emphasis is on rational persuasion and equal participation rather than imposition or the techniques of mass psychology. Negative statements in public directed against the principles and purposes of the University, orally or in writing, are not suitable means of effecting improvements at Andrews University. Students who are dissatisfied with the purposes of the University and the practices of the Seventh-day Adventist Church must remember they enrolled voluntarily and with knowledge of the mission and the nature of the program at Andrews, and they are free to leave the University at any time.

In the classroom, professors should encourage free and responsible discussion, inquiry and expression. Classroom discussions and commentary must remain respectful of—and not distract from—a professor’s goals and objectives for the class.

Outside the classroom, free and responsible discussion, inquiry and expression are also encouraged. Student officers, committees and other regular student units should be free from undue intervention or pressure. Any duly elected student officer or standing committee may study any University issue within the area of the Andrews University Student Association jurisdiction and may present recommendations to any University officer or committee. Student organizations are free, in publicly called sessions, to examine and to discuss with University officers questions germane to the objectives of the University and to express opinions. Student organizations may invite any person or group when the purpose (as determined by the University president) of such an invitation is consistent with the purpose and objectives of the University. Invitations to persons external to the University shall be subject to review by the University president. This is to ensure that such occasions be conducted in harmony with the spiritual mission and values of the University.

The right to discuss, inquire, express and petition does not include the right to interfere with the regular activities of the University or to hinder or intimidate others in accomplishing the educational, scholarly and spiritual purposes of the University. A student (or group of students) who wishes to express views with the goal of achieving constructive changes should discuss the matter directly with the University officer in whose area of responsibility the matter falls. Prior to any publication in the news media, petitions for action should first be presented directly to a University officer.

At the discretion of the chairperson, officers of the Student Association or any other recognized student group may be invited to appear before the University officers or some other council or committee to present petitions or points of view. Joint meetings between University committees and student committees may be held regularly or at agreed times. Student Association officers may petition the faculty. At the discretion of the president or the provost, students may appear before faculty sessions.

Non-disruptive protest demonstrations, such as marches and picketing, with or without placards, are not typically appropriate because these methods symbolize divisiveness, which is contrary to the spirit espoused at Andrews University. Public, non-disruptive demonstrations, such as public rallies, discussions and interviews, held on the campus require approval of the president or his designated representative and must be presented for review to the Office of the President at least ten days prior to the occasion. The president shall have the authority to determine the time and location of such meetings so as not to disrupt the regular school program and to approve or appoint chairpersons for such meetings. Participants in these meetings, other than faculty, staff and currently enrolled students, must be approved by the president or his designated representative before the invitation to participate is given.

Student communication media such as the Student Movement, Cardinal, etc., are aids in establishing and maintaining an atmosphere of responsible discussion and intellectual exploration on the Andrews campus. They communicate the activities and interests of Andrews students, as well as help form student opinion. Since the University has the ultimate responsibility for the content of student publications issued on the campus, the University president, through the Student Association, delegates editorial responsibility to the editor under the guidance of the faculty advisor or the Student Communications Board, who may suspend editorial decisions. University officers, faculty and staff members shall share their concerns, if any, to the editor through the advisor.

Access and Privacy of Student Educational Records (FERPA)

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In compliance with the Family Educational Rights and Privacy Act (FERPA), the federal law that governs release of and access to student education records, Andrews University grants the rights outlined within the Act to our students.

A student has the right to inspect and review his/her educational records. A request to review these records should be made, in writing, to the appropriate University office (see table). The student’s request will be granted within 45 days from the time the request is made. If a student believes that there is inaccurate or misleading information contained in one or more of his/her records, he/she has the right to request that the record be amended. If the record is not amended, the student has a right to submit a written response or explanation which will then become a permanent part of the record. The student may file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the FERPA requirements.

A student has the right to consent to disclosure of personally identifiable information contained in his/her education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with “legitimate educational interests.” A school official has a legitimate educational interest if the information from your education record is necessary in order to fulfill his or her official responsibilities. A student’s parent does not have a right to access the student’s educational records unless the student is a “dependent” of the parent for income tax purposes.

A student may, of course, provide authorization for the release of records—for example, it is common to do this for parents. This can be done through your iVue by selecting ‘Manage FERPA Contacts’ and adding them as a ‘New Contact.’ Whenever third-party access is granted, a record should be kept in the file that shows which persons have reviewed the records, except in the cases where students grant third-party direct access to electronic files.

Andrews University has the right to disclose “directory information” without the written consent of the student, unless the student has informed the University Registrar in writing of his/her refusal to permit the dissemination of directory information. A “Request for Non-disclosure” may be obtained at the Office of Academic Records. The University has designated the following information as “directory information:” name, local address, local telephone number, Andrews University email address, gender, marital status, hometown, date and place of birth, school, academic program (degree, major and minor), enrollment status, class standing/classification (i.e., freshman, sophomore, junior, senior or graduate), participation in officially recognized activities, dates of attendance, degree(s) received, honors and awards and photographs. Even where directory information may be released, Andrews University reserves the right to withhold such information from third parties.

The student may be asked to care for the reproduction costs of copies of records requested by the student. The University is not obligated to keep and maintain all educational records and thus some student records are destroyed.  

Right to Appeal/Grievance

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The University seeks to provide an opportunity for the redress of student grievances, consistent with biblical guidance and sound practices. If a student feels his/her rights may have been violated, or that there may be something unique about the circumstances surrounding a matter, there is a grievance process or suggested courses of action which will be appropriate in most circumstances. The student should attempt to utilize the grievance process in the most appropriate and reasonable way (e.g., on a few occasions, it may be appropriate to “skip” a step).

Academic Grievances
If a student feels that his/her academic rights have been violated, the student should speak directly with that professor. If the student is unsatisfied with the professor’s response, the student may appeal to the department chair. Following a decision by the department chair, the student (or professor) may appeal to the appropriate academic dean, followed by an appeal to the Office of the Provost.

Housing and Residence Hall Grievances
If a student has a complaint concerning an issue in a University-operated housing facility, he/she should first deal directly with the individual(s) responsible for the behavior/action that is the subject of the complaint. If the student is not satisfied with the response, he/she should go to their respective director of University Apartments (and Houses), University Towers, Lamson Hall or Meier Hall. If he/she is still not satisfied with the decision, he/she may appeal to the vice president for Student Life and then the provost.

Work Grievances
If a student has a work-related concern, he/she should deal directly with the related individual, followed in order by the direct supervisor or the department director. If the student is not satisfied with the decision, he/she may appeal to the Employee Services coordinator followed by the director of Human Resources and then to the provost or president.

Citizenship Grievances
Please see Citizenship Disciplinary Procedures .

Other Grievances
If a student has a grievance that is not addressed in one of the categories described above, he/she should seek counsel from a trusted member of the University faculty or staff. Typically, the appropriate course of action is to communicate directly with the individual(s) whose decision/action is the source of the complaint. If the student is unsatisfied with that individual’s response, the student may appeal along a similar path described in the other sections. If the student is unsure of the best way to proceed, he/she may start by consulting with the vice president for Student Life.

General Hints for Solving Problems
In the heavy study/work/social program at a university, students will inevitably encounter stress and problems for which assistance would be helpful. Personnel in Student Life (269-471-3215), the Student Success Center (269-471-6096) or the Counseling & Testing Center (269-471-3470) are available for counsel. Problems may be solved in consultation with the personnel listed below in the order given (where appropriate).

In rare cases when the student has exhausted normal University procedures for resolving issues and the difficulty is still unresolved, the student is advised to contact an ombudsperson.

Ombudspersons

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Purpose of the University Ombudspersons
The University ombudspersons facilitate understanding, communication and resolution of conflict among students, faculty and staff. The office serves as an impartial and confidential means of facilitating dialogue between parties on campus and as a means, apart from formal grievance procedures, of resolving differences. The office was established as part of the University’s Christian commitment to foster a courteous and considerate climate conducive to productivity and wellbeing for the University community.

The ombudspersons work independently from University administrative offices. Discussing a matter with an ombudsperson is confidential to the extent allowed by law and does not constitute notice to the University.

What an Ombudsperson May Do

• Help resolve problems and conflicts, especially those not being adequately addressed through other channels
• Provide informal services outside the usual review and/or appeal procedures
• Take a nonaligned role when hearing about a problem, remaining independent and impartial
• Recommend changes in University policies or procedures

How an Ombudsperson Can Help You

• By listening carefully to your concerns
• By helping analyze the situation
• By identifying and explaining relevant University policies, procedures and problem-solving channels
• By helping you to explore options
• By looking into a concern, including talking with involved parties with your permission
• By identifying other University programs and resources that might be helpful
• By providing a safe and confidential setting where individuals feel respected and where they can be candid and forthright

When to Contact an Ombudsperson
In most cases, the ombudsperson should be contacted after you have exhausted normal University procedures for resolving issues and:

• You want to discuss a sensitive issue in confidence
• You want help and are unsure of where or what options are open to you
• You have a situation requiring help with communication or negotiation
• You are unsure which policies, procedures or regulations apply in your situation
• You believe a policy, procedure or regulation has been applied unfairly or erroneously to you

When an Ombudsperson Does Not Get Involved

• You want legal advice or legal representation
• You have a non-University related disagreement or problem
• You want to file a grievance or make a formal complaint
• You want someone to represent you in formal University procedures

For information or to schedule a private appointment, contact the ombudspersons:

Elynda Bedney
bedney@andrews.edu
269-471-6040

Walt Williams
wwilliam@andrews.edu
269-605-9484