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.

RIGHT TO BE FREE FROM BIAS, DISCRIMINATION OR HARASSMENT

Andrews University affirms that every human being is valuable in the sight of God and seeks to be an inclusive community that welcomes all people. Members of the University community are expected to treat each other and the wider community with respect and dignity. Acts of bias, discrimination or harassment are an affront to the core values of the University and will be appropriately addressed. All students have the right to supportive academic, work and residential settings that are free from conduct that could create a hostile, intimidating, offensive or unfair environment.

    Students and employees should report discriminatory, harassing, inappropriate, threatening or violent behavior, no matter how mild or severe, that may jeopardize the rights, health or safety of an individual or group or that disrupts the mission and/or normal processes of the University.

Bias and Bias Incidents

In social terms, a bias is an inclination or preference—either for or against an individual or group— that interferes with impartial judgment. Social biases are often based on one or more actual or perceived personal characteristics such as race, color, ethnicity, national origin, sex, gender, sexual orientation, religion, age or disability.

    Such biases can be sorted into three categories: stereotypes (mental bias), prejudices (emotional bias) and discrimination or harassment (behavioral bias).

• Stereotypes are standardized beliefs and mental associations about the characteristics of social groups. They rely on oversimplified opinion and uncritical judgment and can distort reality.
• Prejudices are unjustifiable negative attitudes toward another social group or its members. Prejudice can take the form of disliking, anger, fear, disgust, discomfort, and even hatred.
• These biased ways of thinking and feeling are problematic because they can lead to discrimination or harassment (see definitions below), which are unjustifiable negative behaviors toward individuals based on their actual or perceived membership in a particular group.

Some biases are conscious and blatant, explicitly disparaging an outside group while favoring one’s own group. Other biases are unconscious and subtle, occurring at an implicit—though no less powerful—level. These more complex forms of bias are often mixed or masked with good intentions, making them more difficult to identify and acknowledge.

    As a human condition, bias cannot be completely eradicated; nonetheless it must be engaged thoughtfully, honestly and respectfully. We are all shaped by our distinct experiences, and come to perceive ourselves and others in relation to those experiences. Bias is often unintentional and may not be perceived as aggressive or disrespectful by the responsible party. Yet when bias is not conscientiously named and addressed, it can compound to create negative environments for those affected and/or can escalate into overt acts of discrimination or harassment and even criminal behaviors (see “hate crime” below).

    A bias incident occurs when conduct, speech, images or expression is motivated, in whole or in part, by conscious or unconscious bias, which targets and/or negatively impacts individuals or groups based on one or more of the actual or perceived characteristics listed above.

    Not all bias incidents involve conduct that violates law or policy. Some incidents, however, may involve conduct that violates federal, state, or local laws or University policies, and these will be subject to applicable student conduct, human resources and/or legal processes.

    If an act of bias involves criminal behavior, it may be considered a hate crime. In the State of Michigan, a hate crime is a criminal offense committed against a person or property (such as arson, invasion of privacy, vandalism, etc.) which is motivated in whole or in part, by the offender’s bias against a race or national origin, religion, sexual orientation, mental/physical disability or ethnicity. It is important to understand that while all hate crimes are bias incidents, not all bias incidents are hate crimes.

    Please note: the above definitions of bias and bias incident, as well as the following definitions of discrimination and 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 in this Handbook (see Right to Discuss, Inquire, Express and Petition).

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 a person unfairly deprives another of a right, benefit or privilege and/or unfairly treats another differently because of one of the actual or perceived characteristics outlined above.

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, “Working Policy,” “Employee Handbook”) 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 faculty and staff are required to comply with the University’s “Working Policy” and “Employee Handbook,” as applicable. 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 intolerance or disparagement of perceived or actual personal characteristics such as race, color, ethnicity, national origin, sex, gender, sexual orientation, religion, age, disability or any legally protected characteristic.

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

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

What to do about Acts of Bias, 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 misconduct based on sex or gender, 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, please refer to the Sexual Misconduct, Relationship violence, Stalking, and Discrimination Based on Sex/Gender policy outlined below.

    If you witness or experience acts of bias, discrimination or harassment based on any other of the protected characteristics outlined above you should do something about it. You are encouraged to consider taking the following informal or formal steps.

Informal Steps:

• If you feel able, assertively tell the person(s) involved that such conduct is offensive and unwelcome and should be stopped immediately.
• Seek an informal consultation to consider what type of University responses are available by sharing the concern with one or more of the following: academic advisor, department chair, or academic dean; director of Human Resources, vice president for Diversity & Inclusion, Student Life dean or vice president for Campus & Student Life.
• Consider an informal resolution process which is generally a mutually agreed upon plan that may provide a variety of supportive, educational, restorative, protective or corrective measures to address the concern.

Formal Steps:

Andrews University takes seriously all good faith reports it receives of bias, discrimination or harassment in any form 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 generally includes the following steps:

• The reporting student will prepare a written statement of the incident that includes relevant details, date, time and location, identification of the other person(s) and witness involved, a description of the incident, etc., Submit the written report to one or more of following: the Student Life office (associate dean for Student Life or the vice president for Campus & Student Life) and the vice president for Diversity & Inclusion.
• Student reports regarding bias, discrimination or harassment by another student will be reviewed by a centralized campus response team including representation from the offices of Student Life and Diversity & Inclusion.
• The centralized campus response team will determine next steps which may include designating a Student Life dean to meet with the reporting party to review their formal statement as well as to identify and provide appropriate support systems, interim measures or accommodations.
• An investigative process will be activated that includes meeting with all relevant persons and providing each with the opportunity to give their own account of events and to determine the facts of the case..
• A summary of the investigative report will be provided to the Student Life Deans Council which will make a determination of responsibility, if there is a “preponderance of evidence” that discrimination or harassment occurred.
• The Council reserves the right to 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 participating in an investigation of discrimination or harassment. Adverse actions may include name-calling, taunting or other intimidating behavior. Retaliation against an individual for alleging bias, 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. Any student, faculty or staff member who makes, in good faith, a report of bias, discrimination or harassment will suffer no adverse action from the University because of that complaint/report.

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, vice president for Diversity & Inclusion, director of Human Resources or the provost.

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 that is 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.