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 chair, dean, vice president for Campus & 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, both male and female, have the right to supportive academic, work and residential settings that are free from conduct that could create a hostile, intimidating or offensive environment.

Discrimination
Andrews University prohibits unlawful discrimination against any member of its community on the basis of race, color, ethnicity, national origin, citizenship, sex, religion, age, disability, veteran status or any other legally protected characteristic in matters of admissions, employment, housing or any aspect of its educational programs and activities.

Discrimination occurs when an individual is subjected to negative or adverse treatment based on one or more protected characteristics (listed above) that denies or limits the individual’s ability to obtain educational benefits or interferes with the work environment.

As a religious institution, the University retains its constitutional and statutory rights to make employment, admission and educational decisions in a manner that is consistent with the University’s Code of Student Conduct (see Code of Student Conduct ) and with the tenets of the Seventh-day Adventist Church. Such rights are conferred upon religious institutions by various laws, including but not limited to 42 U.S.C. 2000e-1, 2000e-2; 6-15 of Federal Executive Order 11246; 41 CFR 60-1.5(5); 34 CFR 86.21, 86.31, 86.40, and 86.57, 106.12(a)(b); 20 U.S.C. § 1681(a)(3); and Porth v. Roman Catholic Diocese of Kalamazoo, 209 Mich. App. 630 (1995). The University further claims the right to disregard the provisions of Title IX set forth in 34 CFR Sections 86.21, 86.31, 86.40, and 86.57(b) insofar as they conflict with the teachings and practices of the Seventh-day Adventist Church.

Sexual orientation 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. On the basis of sexual orientation, in itself, the University does not discriminate in academic, work, residential or other campus environment matters except as the University may deem it appropriate in response to housing and residential concerns. All students are required to comply with the University’s Code of Student Conduct, which prohibits certain behaviors that are inconsistent with the University’s commitment to moral propriety as understood by the Seventh-day Adventist Church. For a detailed statement on the University’s position, policies and protections regarding differences in sexual orientation, please refer to Appendix 1 (see Appendix 1: A Seventh-day Adventist Framework for Relating to Sexual Orientation Differences on the Campus of Andrews University ).

This non-discrimination policy is in compliance with Titles VI and VII of the Civil Rights Acts of 1964 (as amended), Title IX of the Education Amendments of 1972 (45 CFR 86 et seq., Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, Section 402 of the Veterans Era Veterans Adjustment Act of 1974 and the Elliott-Larsen Civil Rights Act.

Harassment
Andrews University prohibits harassment of any kind whether it takes place on-campus, off-campus or in online communications.

Harassment is often based upon an intentional intolerance or disparagement of perceived or actual personal characteristics such as race, color, ethnicity, national origin, sex, sexual orientation, religion, age, disability or any legally protected characteristic.

Harassment occurs when a person or group engages in unwelcome speech or conduct so objectively offensive and sufficiently severe or persistent or pervasive that it,

1. unreasonably interferes with or limits an individual’s ability to participate in or benefit from academics, work or other services and activities

OR

2. creates an environment (academic, work or residential) that a reasonable person would find hostile, offensive or intimidating. (An isolated incident, unless sufficiently severe, may not amount to hostile environment harassment).

When harassment is not directed at a specific individual, harassment may still occur.

Harassing behaviors prohibited by this policy include, but are not limited to, the following: sufficiently severe, persistent or pervasive use of derogatory words, jokes, slurs, epithets, statements or gestures; stereotyping activities; use of graffiti or other forms of pictorial or written messages of intimidation; threats about unwelcome physical contact; unwelcome physical contact; stalking; and bullying (repeated and/or aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person).

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 (see Right to Discuss, Inquire, Express and Petition ).

What to do about Discrimination or Harassment
Discrimination and harassment can flourish in a culture of silence. Therefore every member of the community is asked to be an active participant in creating a culture of civility and respect for all persons. If you witness or experience behavior which you think is inappropriate, you should do something about it. The following informal or formal 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.

Informal Steps

• If you feel comfortable, assertively tell the alleged harasser that such conduct is offensive and unwelcome and should be stopped immediately (studies show that most harassers will stop if they know their behavior is offending someone).
• Seek an informal consultation to consider what type of response is desired by sharing the concern with one or more of the following: academic advisor, department chair or academic dean; director of Human Resources; Student Life dean or vice president for Campus & Student Life.
• Consider an informal resolution process that may include providing information or support and other educational, restorative, protective or corrective measures to address the concern.

Formal Steps
Andrews University takes seriously all good faith reports of alleged discriminatory harassment and will seek to provide a prompt and careful investigation and response plan. In cases where a student has a concern regarding alleged discriminatory harassment by another student, the concerned student is encouraged to make a formal report in order to allow the University to address the behavioral concerns in a timely and specific manner. The response plan includes the following:

• The reporting student will provide a written statement of the incident that includes relevant details, date, time and location, identification of the alleged harasser and witnesses, description of the incident, etc., to the vice president for Campus & Student Life.
• The vice president for Campus & Student Life will review the report and activate next steps.
• A Student Life dean will meet with the reporting party to review their formal statement and University policy as well as to identify the need for support systems, interim measures or accommodations.
• An investigative process will be conducted that includes meeting with all relevant persons and providing each with the opportunity to give their own account of events. The process will follow the trail of evidence for the purpose of fact finding and determining if there is a “preponderance of evidence” that the alleged violation occurred.
• A summary of the investigative report will be provided to the Student Life Deans Council which will make a determination if the accused is responsible or not responsible for a violation of the Code of Student Conduct.
• The Student Life Deans Council reserves the right to determine and assign what type of educational and/or disciplinary response is appropriate for the level of violation as well as to broaden or lessen the response relative to the severity, persistence or pervasiveness of the behavior.
• Report to Student Life or to Human Resources (if work- or classroom-related) any alleged retaliation. Retaliation is any adverse action taken against a person who makes a good faith report or participates in an investigation of discrimination or harassment. Adverse actions may include name-calling, taunting or other intimidating behavior. Retaliation against an individual for alleging discrimination or harassment, supporting a party bringing a complaint, or assisting in providing information relevant to a claim of discrimination or harassment is a serious violation of University policy and will be treated as another possible instance of discrimination or harassment.

In cases where a student has a concern regarding alleged discriminatory harassment by a faculty or staff member, the concerned student is encouraged to make a formal report to one or more of the following: academic dean, vice president for Campus & Student Life, director of Human Resources or the provost.

Sexual Misconduct, Relationship Violence, Stalking, and Discrimination Based on Sex/Gender

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Andrews University recognizes that God has created every individual, male and female, equal in His image and endowed with unique value.

As Creator and Redeemer, He calls us with loving grace and empowers us to give each of His children the utmost respect in speech and action and to expect the same from others.

Introduction
Andrews University is committed to maintaining a respectful learning and living environment that is free from sexual misconduct, relationship violence, stalking, and discrimination based on sex (collectively, “Misconduct”). Misconduct in any form, regardless of the length of the relationship or gender of the individuals, is inconsistent with this commitment, strictly prohibited and intolerable in the Andrews community. All members of the Andrews University community share a responsibility for upholding this policy.

Any student who is found responsible for committing Misconduct is in violation of the Code of Student Conduct.

This policy complies with Andrews University’s responsibilities regarding Title IX and the Violence Against Women Reauthorization Act of 2013: Sec 304. Title IX of the Educational Amendments of 1972 prohibits discrimination from educational programs and activities on the basis of sex (gender) in educational programs and activities that receive federal assistance. The Violence Against Women Reauthorization Act expects that universities have procedures in place to respond to matters of sexual misconduct, relationship violence and stalking.

Jurisdiction
This policy governs Misconduct directed at a student by another University student, faculty or staff; non-employee client; vendor; or visitor, regardless of whether the alleged Misconduct occurred on- or off-campus or in online communications.

On-Campus: All on-campus violations are deemed to pose a disruption or threat to the educational environment. The campus includes the geographic confines of the University, including its land, roads, buildings, Andrews Academy, Ruth Murdoch Elementary School and University housing.

Off-Campus: Off-campus violations may pose a disruption or threat to the educational environment. Examples of Misconduct that may fall within the University’s clear and distinct interest include conduct that:

• Occurs in a private home or location
• Occurs during a University-sponsored event (e.g., field trips, social or educational functions, University-related travel, student recruitment activities, internships and service learning experiences)
• Occurs during a Study Abroad Program
• Involves students enrolled in the University’s School of Distance Education & International Partnerships or other off-campus educational programs

Online: Misconduct on the Internet can occur in a variety of forums. Some of these mediums include, but are not limited to, chat rooms, forums/message boards, social networking sites, instant messaging, email, avatars, advertising, redirected/automatic linking, spam and pop-ups.

In instances where Misconduct is found to have occurred, the Title IX Coordinator, Deputy Coordinator(s) and other University personnel will take appropriate steps to end such Misconduct, prevent its recurrence and remedy its effects.

Descriptions of Misconduct

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 sexually related touching, however slight, with any object or part of the body, with another person without that person’s effective consent. (This can include unwanted kissing or frontal hugging that is sexual in nature).

Sexual Exploitation
Sexual exploitation is taking advantage of another person without effective consent. It includes, but is not limited to, the following: 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
Unlawful sexual harassment may take one of three forms: (1) quid pro quo harassment, (2) hostile environment harassment or (3) retaliatory 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 occurs when a person or group engages in unwelcome speech or conduct so objectively offensive and sufficiently severe or persistent or pervasive that it,

1. unreasonably interferes with or limits an individual’s ability to participate in or benefit from academics, work or other services and activities

      OR

2. creates an environment (academic, work or residential) that a reasonable person would find hostile, offensive or intimidating. (An isolated incident, unless sufficiently severe, may not amount to hostile environment harassment).

Retaliatory harassment is any adverse action taken against a person participating in an investigation of Misconduct. Adverse actions may include name-calling, taunting or other threatening behavior. Retaliation against an individual for alleging Misconduct, supporting a party bringing a complaint, or assisting in providing information relevant to a claim of Misconduct is a serious violation of University policy and will be treated as another possible instance of Misconduct.

The following is a non-exhaustive set of behaviors which may constitute sexual harassment:

• Unwelcome sexual advances, propositions or requests for sexual favors
• Unwelcome or inappropriate exposure, display, touching or physical contact
• Showing/displaying sexually suggestive, demeaning or objectifying objects, pictures, words or gestures
• Unwelcome or inappropriate comments, questions or sexually suggestive jokes

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

• Submission to or rejection of such conduct is made either explicitly or implicitly as a term or condition of an individual’s education or employment progress, development or performance
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s ability to carry out his or her responsibilities in the University environment

Stalking
Stalking is engaging in a course of conduct directed at a specific person(s) that is unwelcomed and would cause a reasonable person to (a) fear for his or her safety or the safety of others or (b) suffer substantial emotional distress. Stalking behaviors include, but are not limited to, the following:

• Non-consensual or unwelcomed communication, including face-to-face, phone calls, voice messages, electronic mail, online communication, written letters, etc.
• Excessive calling or texting
• Threatening, intrusive, frightening or obscene gestures
• Following or pursuing
• Surveillance or other types of observation
• Trespassing
• Vandalism or destruction of victim’s property
• Unwelcomed gifts, flowers, etc.

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.

All concerns about stalking should be taken seriously, whether or not there appears to be a level of threat and whether or not the stalker is known by the victim.

Relationship Violence
Relationship violence is a pattern of unwelcomed, abusive, coercive behaviors used to exert power and control over a current or former partner. These behaviors often increase in severity and frequency over time and may be cyclical. For the purposes of this policy, relationship violence includes domestic violence and dating violence.

Domestic Violence
Violence or abusive acts committed by a current or former spouse or intimate partner to the victim by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to the victim as defined by the laws of Michigan.

Dating Violence
Violence or abusive acts committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship may be based on a consideration of the length of the relationship, the type of the relationship and the frequency of interaction between the persons involved in the relationship.

Domestic or dating violence includes, but is not limited to, the following:

• Physical abuse
• Pushing, shoving, slapping, punching, kicking or strangling
• Restraining, holding, tying down
• Leaving the victim in a dangerous place
• Emotional/psychological abuse
• Threats of harm and/or intimidation
• Physical or social isolation
• Sexual abuse or misconduct

Discrimination Based on Sex
The unfavorable treatment of someone due to that person’s gender or sex.

Definitions

Reporting Party
A reporting party is anyone who reports an incident or may be the victim of Misconduct covered by this policy.

Respondent
The respondent is anyone who is reported and alleged to have engaged in Misconduct covered by this policy.

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 the “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, as a result of alcohol or drug use, appear to be functional or coherent but still may not be able to make a rational decision or give effective consent. Individuals who consent to sex must be able to understand what they are doing. Keep in mind that under this policy, “no” always means “no,” but “yes” may not always mean “yes.”

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, especially where alcohol and drugs are involved, persons 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 not a defense to a charge of sexual misconduct.

In evaluating effective consent in cases of alleged incapacitation, the University asks two questions: (1) did the respondent know that the other party was incapacitated? and (2) if not, would a sober, reasonable person in the same situation have known that the other party was incapacitated? If the answer to either of these questions is “YES,” effective consent was absent and the conduct by the respondent is likely a violation of this policy.

Reminders and Resources

Preservation of Evidence and Medical Assistance
A person reporting sexual misconduct is reminded of the importance of taking every precaution to preserve all evidence and to abstain from tampering with any items at the scene, changing clothes or washing any area of their body. Under some circumstances, the reporting party should seek immediate medical attention before washing themselves or clothing. If clothes have been removed, place each item separately in paper bags. The reporting party should preserve all phone call logs, emails, text messages, online communication and other evidence that is relevant to the specific complaint.

Medical assistance can be sought from any emergency room, such as the one located at Lakeland Medical Center, St. Joseph, Michigan. Financial assistance for hospital exam costs may be available—contact Michigan Crime Victim Services Commission for more information (517-333-SAFE).

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.

Confidentiality, Counseling and Support
The University will seek to be sensitive, supportive and respectful to all involved individuals. The University will also seek to take reasonable steps to maintain appropriate levels of confidentiality and will refrain from including in publicly available records the identity of the reporting party.

Although the University will attempt to limit the number of individuals who may learn about an allegation of Misconduct, the University cannot guarantee confidentiality in all matters. The University will attempt to balance the reporting party’s request with the moral responsibility and federal guidelines to create a safe and nondiscriminatory environment. Ultimately, and especially in cases that involve pattern, predation, threats or violence, the University reserves the right to proceed in whatever manner it deems appropriate.

To comply with certain federal laws, the University is required to report statistics regarding Misconduct on its campus. Recordkeeping for this statistical report will be accomplished without the inclusion of identifying information about the reporting party or witnesses to the extent permissible by law.

Counselors and chaplains (hired or appointed by the University for a specific job description to provide counseling and pastoral care) have confidentiality obligations that prohibit them from reporting and activating established University processes. Therefore, while these individuals are able to provide confidentiality and important support, they are not the designated individuals to whom formal or informal reports should be given (see below).

A person reporting sexual misconduct, relationship violence, stalking, and discrimination based on sex are encouraged to seek the assistance of trained professional support systems. On-campus services for students include:

• Andrews University’s Counseling & Testing Center (located in Bell Hall, 269-471-3470)
• Chaplains (located in the Campus Center, 269-471-3211)

Off-campus community services for students include:

• Samaritan Counseling Center, 1850 Colfax, Benton Harbor, Michigan (269-926-6199)
• Berrien County Child & Family Services/Safe Shelter (for women and children), PO Box 8820, Benton Harbor, Michigan 49023-8820 (phone: 269-925-1725/269-925-9500, crisis: 888-983-4275/269-925-9500), cfsswmi.org/our-programs/safe-shelter.html
• Michigan Crime Victim Services Commission, 201 S. Townsend, PO Box 30195, Lansing, Michigan 48933 (877-251-7373 for victims only or 517-373-7373)
• Rape, Abuse and Incest National Network (1-800-656-4673)
• Cass/St. Joseph County Domestic & Sexual Abuse Services, PO Box 402, Three Rivers, Michigan 49093 (phone: 269-279-5122, crisis: 800-828-2023), dasasmi.org
• S-O-S of the Family Justice Center, 533 North Niles Avenue, South Bend, Indiana 46617 (574-234-6900), Info@fjcsjc.org
• The National Domestic Violence Hotline (1-800-799-SAFE)

The University’s Processes and Response to Misconduct

• The University will take seriously all good faith reports of alleged Misconduct. University proceedings will seek to provide a prompt, fair and impartial consultation, investigation and response by officials who receive annual training.
• Because the University recognizes that such Misconduct includes an attack on an individual’s dignity and self-determination rights, the University will attempt to let reporting parties 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 Misconduct and (2) a formal complaint of alleged Misconduct. Ultimately, and especially in cases that involve pattern, predation, threats or violence, the University reserves the right to proceed in whatever manner it deems appropriate.

Initiating a Report

The University encourages a reporting party 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 reporting party and the respondent. At the same time, before a reporting party reveals information (name of the respondent, details, etc.), they should understand that only professional counselors, pastors and chaplains (hired or appointed by the University for a specific job description to provide counseling and pastoral care) are able to retain confidentiality. All other faculty and staff are required to notify the designated University officials of all allegations or reports of sexual misconduct (which includes non-consensual sexual penetration, non-consensual sexual contact, sexual exploitation, sexual harassment), relationship violence (which includes domestic violence and dating violence), stalking, or discrimination based on sex.

Designated University Officials
Frances Faehner, vice president for Campus & Student Life, is the Title IX Coordinator for Andrews University (269-471-2679).

Inquiries and complaints regarding sexual misconduct (which includes non-consensual sexual penetration, non-consensual sexual contact, sexual exploitation, sexual harassment), relationship violence (which includes domestic violence and dating violence), stalking, or discrimination based on sex should be referred to designated University officials as follows:

Amnesty, Bystander Engagement and Good Faith Reports
The welfare of every member of our community is of paramount importance. The University wants to facilitate a safe and caring campus climate for all good faith reports of sexual misconduct, relationship violence, stalking, and discrimination based on sex. The University believes that bystanders (others nearby) can play a key role in the prevention of Misconduct. Thus the University encourages members of our community to offer help to others in need.

In an effort to remove fears and obstacles to reporting, the University does not typically apply disciplinary action to student victims or student witnesses of Misconduct who, in the process of helping and making a report, voluntarily report their own violation(s) of the Code of Student Conduct (such as alcohol consumption, curfew violations, etc.) related to the specific reported incident. To foster healing and growth, the reporting party and any witnesses making good faith reports may be asked to engage in educational opportunities.

False Complaints
The University also prohibits members of the community from knowingly filing a false complaint or making misrepresentations of sexual misconduct, relationship violence, stalking, and discrimination based on sex. However, a complaint made in good faith is not considered false merely because the evidence does not ultimately support the allegation of Misconduct. Acts of knowingly filing false complaints are, by themselves, cause for disciplinary action.

Local Law Enforcement
Sexual misconduct, relationship violence, and stalking may also be criminal. The reporting party may wish to inform local law enforcement agencies. Upon a request from the reporting party, the University will assist in making the connection between a reporting party 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 reporting party also has the right to decline to make a formal report to law enforcement and campus authorities.

Informal Consultations and Resolutions

• If the reporting party desires an informal consultation, he/she should consult with one of the appropriate designated Title IX Deputy Coordinators listed above for the purpose of exploring whether or not to submit a formal complaint.
• The reporting party may be reluctant to identify the respondent; however, this will limit the University’s ability to investigate and respond.
• Both parties may be given the opportunity to reach an agreed-upon resolution that may include acknowledgements and commitments to remedy the situation.
• The reporting party may request the University address the situation through various interim measures, informal meetings or resolutions for the purpose of providing information or support or to create separation of proximity, etc. The University will seriously consider requests such as confidentiality but reserves the right to proceed in whatever way it deems necessary.

Formal Report Process

• If a reporting party desires to make a formal report of alleged Misconduct, the complaint should be submitted to the appropriate Title IX Deputy Coordinator as 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. In general, witnesses must have observed the conduct in question or have information relevant to the incident and will not be interviewed solely to speak about an individual’s character.
• The appropriate Title IX Deputy Coordinator will review the formal complaint and/or meet separately with the reporting party and the respondent to receive their formal statements and the names of any witnesses.
• The appropriate Title IX Deputy Coordinator will provide a notice of charges to both parties and review of University policy and processes utilizing the Title IX Case Awareness Form.
• The appropriate Title IX Deputy Coordinator will identify potential support systems for both parties.
• The Title IX Coordinator and Title IX Deputy Coordinator will assess whether the allegation(s), if true, would rise to the level of Misconduct to activate a formal Title IX investigation under this policy. If it is determined that a Title IX investigation is not the appropriate course of action, both parties will be notified. In some such cases where the respondent is a student, the Title IX Coordinator may refer the case directly to the Student Life Deans Council to be reviewed for a general violation of the Code of Student Conduct.

Investigation and Review

• The director of Campus Safety is generally appointed to lead the investigation and is usually assisted by the appropriate Title IX Deputy Coordinator for students (if the respondent is a student) or the Title IX Deputy Coordinator for faculty/staff (if the respondent is faculty/staff).
• According to established practices, the investigation will follow the trail of evidence for the purpose of fact finding and determining if there is a “preponderance of evidence” that the alleged Misconduct (more likely than not) occurred.
• The investigator(s) will meet in separate settings with the reporting party and the respondent, as well as with other witnesses, and review texts, emails, communications and other documentary evidence to gather facts.
• Both the reporting party and the respondent have the right to the same opportunities to present their account of events.
• Both parties will have the opportunity to present questions they would like to be addressed to the other party before a final determination is made. The parties will not be simultaneously present in any proceeding and thus any such questions would be posed by a third party. The investigative report and recommended findings are provided to the Title IX Coordinator who will review the report and findings and determine next steps.
• A summary of the investigative report will be provided both to the reporting party and to the respondent. Both parties will have the opportunity to review the report and to provide a written response to the investigative summary report if desired.
• The Title IX Coordinator will direct the report to the appropriate Misconduct and judicial bodies.
• If the respondent accepts responsibility for the specific charges, he/she may provide the judicial body with a written acceptance of the facts of the allegation. In such cases the Title IX Coordinator may direct the judicial body to convene solely to determine appropriate sanctions.

University Determination and Outcomes

• The Student Life Deans Council handles the judicial processes for students facing allegations. Title IX Misconduct cases are chaired by the assistant vice president for Campus & Student Life.
• The appropriate judicial body convenes to review the evidence developed during the investigation and to meet with the investigators as needed.
• Both the reporting party and the respondent will have the same opportunity to have formal and separate hearings as part of the investigative process and/or with the judicial body.
• The judicial body will deliberate using the “preponderance of evidence” standard of proof to determine whether “more likely than not” the respondent is responsible or not responsible for committing Misconduct as outlined in this policy. Note: as Title IX federal law requires for educational institutions, this is a lesser standard of proof than the “beyond a reasonable doubt” standard used in the criminal justice system.
• A finding by the judicial body that the respondent is “not responsible” does not necessarily mean the alleged Misconduct did not happen. Rather, it may mean that there was insufficient evidence to reach a finding of responsibility.
• Any student who is found responsible for Misconduct defined in this policy will be subject to disciplinary action that includes, but is not limited to, verbal counsel, written warning, probation, suspension, dismissal, mandatory education and other remedies the University deems appropriate.
• The judicial body reserves the right to determine what type of disciplinary response is appropriate for the level of Misconduct as well as to broaden or lessen the responses relative to the severity, persistence or pervasiveness of the behavior. Mitigating or aggravating circumstances, if they exist, may be considered, such as any previous or additional Misconduct or other violations of the Code of Student Conduct.
• The general range of recommended responses for students is as follows:

Non-Consensual Sexual Penetration
The disciplinary response will likely range from suspension to dismissal depending on the severity of the incident.

Non-Consensual Sexual Contact
The disciplinary response will likely range from probation to dismissal, depending on the severity of the incident.

Sexual Exploitation or Harassment
The disciplinary response will likely range from warning to dismissal, depending on the severity of the incident.

Domestic Violence, Dating Violence or Stalking
The disciplinary response will likely range from warning to dismissal, depending on the severity of the incident.

Appeal Process

Both the reporting party and the respondent have the same opportunity for consideration to appeal the outcome or findings of the allegation of Misconduct and of any disciplinary actions. The limited grounds on which the University will consider granting an appeal are one or more of the following:

• New Information of a Substantive Nature: New and relevant information that was not available at the time the decision was made that could have significantly impacted the findings or the outcome
• Substantive Procedure Error: The original processes had a significant or relevant procedural error that may have impacted fundamental fairness
• Substantive Disproportionate Response: The University response was clearly disproportionate to the established range of consequences for the violation

A formal request for an appeal should be directed to the Title IX Coordinator within five business days of receiving notice of the decision. The request for an appeal must consist of a concise written statement outlining the grounds for the appeal as described above. The Title IX Coordinator will review the request and will notify the person of the University response to the request as well as provide information regarding the appeal process if the appeal process is granted. At their discretion the University may choose to implement the original University response, sanction or other interim measures during the appeal process.

Student requests for an appeal will generally be directed to the Conduct Appeals Committee, which is a broadly representative group comprised of faculty/staff. The assistant vice president for Campus & Student Life serves as the ex-officio secretary and non-voting member.

Given that in most cases the respondent has already had a face-to-face hearing with the investigative processes and/or the judicial body, the appeal process does not provide a second opportunity for a face-to-face hearing nor does it provide a rehearing of the facts or a repeat of the investigative processes. The appeal is generally limited to review of a written appeal or other relevant documents.

The role of the Conduct Appeals Committee is not to substitute judgment for the original decision—the Committee will remain focused on the specified grounds for the appeal. 

In cases where there is new or relevant information of a substantive nature, the appeal request may be returned to the original judicial body for review.

The Conduct Appeals Committee can uphold the original decision, alter the original decision, and/or alter the University response.

The decision of the Conduct Appeals Committee will be final (except that, in cases of dismissal or termination, the responding student may request an additional review with the provost.

Additional Information and Rights

• Resources—Both the reporting party and the respondent have the right to be notified of available resources.
• Educational Resources—The Counseling & Testing Center and the Division of Campus & Student Life provide educational materials and information as well as prevention and risk reduction programs dealing with sexual misconduct, relationship violence, stalking, and discrimination based on sex. On an annual basis education is provided to new students and employees, and ongoing programs are provided periodically for the wider body of students and University employees.
• Professional Counseling and Support Resources—Students are encouraged to seek professional support from on-campus resources that include Campus Ministries chaplains and counselors at the Counseling & Testing Center in Bell Hall or from a community provider listed above. Note: see section on “Confidentiality, Counseling and Support.”
• Account of Events—Both the reporting party and the respondent have the right to the same opportunities to present their account of events.
• Advocate—Both the reporting party and the respondent have the right to have a designated advocate of their choice to assist them and be present with them throughout the process. Advocates should be selected from within the University’s faculty, emeritus faculty or staff, as long as they are not a relative of either of the parties involved. Advocates may accompany the reporting party or the respondent to any University proceedings. The advocate may not direct questions to or otherwise address the investigative team or the judicial body, however the advocate may consult with the person that they are assisting.
• Legal Counsel—Both the reporting party and the respondent 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 including the judicial processes.
• Notification of Outcome—Both the reporting party and the respondent have the right to be informed of the outcome, in writing, without undue delay between the notifications to the parties and usually within one business day of the end of the process.
• Accommodations—A reporting party who reports allegations of Misconduct may request accommodations in academic or work settings, changes in living situations, “No Contact” orders or other responses and support systems designed to help the reporting party cope with the situation and meet their responsibilities. Requests are not “guaranteed,” but the University will consider carefully any such requests.
• Interim Measures—The University may also consider other appropriate interim measures including, but not limited to, academic, class, work, committee or housing reassignments; “No Contact” orders; restrictions on academic or co-curricular activities; campus bans, etc., to facilitate the emotional and physical wellbeing of the parties involved, the broader community and/or the integrity of the investigative and resolution process. Interim measures are for a provisional period of time pending the outcome of an investigation or until a specified condition is met. This action does not assume the respondent has been found responsible for the alleged Misconduct.
• “No Contact” Order—Once a “No Contact” order has been granted and issued, neither party should attempt in any way to contact or send any type of message, directly or via a third party to the other party.
• If the reporting party 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.
• 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 michigan.gov/msp/0,4643,7-123-1878_24961—,00.html.

Duration of University Processes

• If a criminal complaint has been lodged with local law enforcement by the reporting party, 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 and has a responsibility to begin its own investigation in a timely manner and to take any necessary interim protective measures.
• A typical investigation and response from the University may take up to 60 calendar days after the University has received formal notice of the Misconduct. The timeframe may be extended for good cause such as University breaks, availability of participants or witnesses, etc.

Right to Discuss, Inquire, Express and Petition

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Students are free to express their views, individually or collectively, on matters of significance to them within the parameters described in this section. They may exchange views privately with others or publicly in classrooms, discussion groups and meetings. They may also use established campus channels of printed, online or audiovisual communication. Unsolicited broadcasting of email (“spamming”) is not allowed.

In the Classroom
In class as well as online, students’ questions and commentary should be respectful of the professor and fellow students and not detract from the professor’s course objectives or teaching methods. Students are expected to express themselves with civility by refraining from personal attacks or ad hominem argumentation, listening respectfully to others, and taking care not to monopolize discussion. When appropriate, students may ask questions or express views that are at variance with the beliefs and values of the University or other class members. However, dissenting remarks ought to offer an alternative point of view, rather than attack, disparage or demean views held by others or the University. In return, each student has the right to be treated respectfully by the professor and his or her classmates. Students with concerns related to inappropriate communication in the classroom should follow the procedures outlined in the section titled “Right to Appeal/Grievance” (see Right to Appeal/Grievance ).

With University Officers
Students have the right to engage in constructive dialogue about the policies and procedures of the University. Students or student groups who have concerns or points of view they wish to share, or who desire to achieve constructive changes within the University, may present their thoughts directly to University officers. They may also circulate and submit to University officers petitions for action. Furthermore, the undergraduate and graduate student associations (AUSA and AUGSA) are good vehicles for addressing student-related matters with the University administration. Students seeking to resolve personal or group differences with the University are encouraged to make use of the University’s appeal and grievance procedures. Those who turn to public forums (such as social media, media outlets, etc.) to air their concerns rather than working with the University’s established means of resolution will not be acting in good faith with the University and could be subject to disciplinary action.

By Means of Assembly
Students have a constitutional right to assemble and publicly express their views on matters of local, national or global importance. Peaceful, law-abiding demonstrations, such as rallies, marches and vigils, may be organized by students on campus or in the community, provided that these events are in harmony with the values of the University and the Seventh-day Adventist Church. As with other events, organizers must submit a request for administrative approval to the Student Life office, allowing up to a week for approval. Event organizers will be guided by established University protocols with the oversight of a faculty or staff sponsor. On-campus events may not impair University functions or deprive other students of their rights and should honor campus policies. Demonstrations held in the community are to comply with local, state and federal laws and be done with the prior knowledge of local law enforcement officials. As the safety of students is of paramount concern to the University, every reasonable precaution must be taken by organizers to ensure the wellbeing and lawful behavior of students. The tenor of all public demonstrations should reflect a spirit of justice, compassion and wisdom. 

Through Student Communication Media
Student communication media such as the “Student Movement,” “Cardinal,” AUTV, 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. The vice president for Campus & Student Life and the Student Association general sponsor, through the Student Association, delegate editorial responsibility to the editor under the guidance of the faculty advisor and/or the Student Communications Board. Since the University administration has the ultimate responsibility for the content of student communications issued on the campus, they reserve the right—in rare circumstances—to override editorial decisions.

Access and Privacy of Student Educational Records (FERPA)

Return to: Student Handbook  

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 below). 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.

In addition, Andrews University may forward education records, without the student’s consent, to school officials of other institutions of postsecondary education at which the student seeks or intends to enroll, or where he/she has already enrolled, so long as the disclosure is requested for purposes related to the student’s enrollment or transfer.

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.

For more information, please visit the University FERPA website at andrews.edu/go/ferpa.
 

Right to Appeal/Grievance

Return to: Student Handbook  

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 director of Residence Life (for residence hall concerns) or the assistant vice president for Campus & Student Life (for University Apartments concerns), then to the vice president for Campus & Student Life and then to 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 Employment/Benefits manager followed by the director of Human Resources and then to the provost or president.

Student Conduct Intervention (Disciplinary) Grievances
Please see Student Conduct Intervention (Disciplinary) Processes  .

Sexual Misconduct, Relationship Violence, Stalking, and Discrimination Based on Sex/Gender Grievances
Please see Sexual Misconduct, Relationship Violence, Stalking, and Discrimination Based on Sex/Gender .

Academic Integrity Grievances
Please see Academic Integrity .

Discrimination and Harassment Grievances
Please also see Right to be Free from Discrimination and Harassment .

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 Campus & 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 (Ombudsman)

Return to: Student Handbook  

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

Rubén Pérez-Schulz
rubenp@andrews.edu
269-471-3183