TO PROTECT: Student Rights

Right to Learn

Return to: Student Handbook 2019-2020  

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 conduct. 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 Bias, Discrimination or Harassment 

Return to: Student Handbook 2019-2020  

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 and Inclusion, Student Life dean or vice president for Campus & Student Life.
• Consider an informal resolution process which is generally a mutually agreed upon plan between the relevant parties that may include 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.
• If there is a preponderance of evidence that the allegations rise to the level of a violation of discriminatory harassment or other code of student conduct, 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.
• If the allegation does not rise to the level of discriminatory harassment or other code violation the campus response team may recommend an appropriate educational experience.
• 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.

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

Return to: Student Handbook 2019-2020  

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. Any faculty or staff who is found responsible for committing Misconduct is in violation of the University’s “Working Policy” and Employee Handbook,” as applicable.

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, faculty or staff 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. The University will generally respond to Misconduct involving faculty and/or staff according to these processes, understanding that cases involving only faculty and/or staff also fall under Title VII and, as such, are handled primarily by the Office of Human Resources.

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 action, up to and including separation from the University with the goal to end such Misconduct, prevent its recurrence and remedy its effects. Third parties who engage in Misconduct may have their relationship with the University terminated and/or their privileges of being on University premises withdrawn.

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 of another person’s clothed or unclothed body, however slight, with any object or part of the body, without that person’s effective consent.

Sexual contact includes intentional contact with the mouth, breasts, buttock, groin, or genitals, or touching another with any of these body parts or object, or making another touch you or themselves with or on any of these body parts. Sexual contact also includes any intentional bodily contact that is done in a sexual manner, even if it does not involve contact with/of/by the mouth, breast, buttocks, groin, genitals, or other orifice. For example, non-consensual sexual contact includes unwanted hugging that is sexual in nature such as (but not limited to) an embrace causing unwanted contact with another’s trunk or pelvic region.

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; intentionally exposing 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 or Gender-based Harassment

Sexual or gender-based harassment is harassment based on sex, gender or sexual orientation expressed in the form of acts of aggression, intimidation or hostility, whether verbal or nonverbal, graphic, physical or otherwise. Gender-based harassment may occur even if the acts or words do not involve conduct of a sexual nature when the considerations outlined below exist.

Unlawful 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 can occur when sexual- or gender-based conduct is so objectively offensive and sufficiently severe, or persistent or pervasive, that it unreasonably interferes with or limits an individual’s ability to participate in or benefit from the educational environment. 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 a serious 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 the person’s safety or the safety of others

OR

(b) suffer substantial emotional distress.

For the purposes of this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property.

“Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

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 (which includes, but is not limited to, pushing, shoving, slapping, punching, kicking, strangling, restraining, holding and 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

Definitions

Reporting Party

A reporting party is anyone who is alleged to be the victim of Misconduct as defined by this policy. (Anyone who shares a report about alleged Misconduct impacting another person is considered a third-party reporter).

Respondent

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

Effective Consent

It is important not to make assumptions about whether a potential partner is consenting. The burden to obtain effective mutually-understood consent is on the initiator of the sexual act.

• Effective consent is informed, voluntary, and freely and actively given.
• Effective consent cannot be obtained 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 “incapacitation” definition 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.
• Silence or passivity alone, does not imply consent
• Consent can be withdrawn at any 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 violation of 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

The University will seek to be sensitive, supportive and respectful to all involved individuals. The University will also seek to take reasonable steps to safeguard privacy to the greatest extent possible and will refrain from including in public 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).

Professional Counseling and Support Resources

A person reporting sexual misconduct, relationship violence, stalking, and discrimination based on sex is encouraged to seek the assistance of trained professional support systems. 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 below. Faculty and staff are encouraged to seek professional support from a community provider listed below.

On-campus services for students (at no charge) 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 (for self-pay), faculty and staff 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)

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.

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, as far as possible 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 resolution process pertaining to possible Misconduct

and

(2) a formal report process 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 outlined on the following page. 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.

Mandatory Reporters

Except as described above, all other faculty and staff are required to notify a designated Title IX University official (outlined on the following page) of all allegations or reports of Misconduct (which includes non-consensual sexual penetration, non-consensual sexual contact, sexual exploitation, sexual or gender-based harassment), relationship violence (which includes domestic violence and dating violence), stalking, or discrimination based on sex.

Designated University Officials

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 in the table below:

Concerns about the University’s application of Title IX or VAWA may be addressed to the Title IX Coordinator; the United States Department of Education, Office for Civil Rights at OCR@ed.gov or 800-421-3481.

Local Law Enforcement

Misconduct, relationship violence, and stalking may also be criminal. In keeping with the goal to stop the harassment, prevent its re-occurrence and remedy its effects, the University encourages the reporting party to seriously consider reporting the Misconduct to local law enforcement. 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 Processes 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.
• Informal resolutions provide both parties with the opportunity to reach a mutually agreed-upon informal resolution that may include acknowledgements and commitments to remedy the situation.
• Informal resolutions are not typically recorded in a respondent’s record as a conduct violation. However, the University reserves the right to record such resolutions in a conduct record depending on the nature and severity of the conduct involved.
• An informal resolution agreement that is signed by both parties is final.
• The appropriate Title IX Deputy Coordinator will identify potential support systems for both parties.
• The reporting party may request the University to 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 report should be submitted to the appropriate designated University official as listed above.
• The formal report 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 Title IX Coordinator and Title IX Deputy Coordinator will review the report to assess whether the allegation(s), if true, would rise to the level of Misconduct triggering a formal Title IX investigation.
• If it is determined that a Title IX investigation is not warranted both parties will be notified. Even when a Title IX investigation is not warranted the Title IX Coordinator or conduct panel may, nevertheless, refer the case directly to the Student Life Deans Council to be reviewed for a potential response for inappropriate conduct or a general violation of the Code of Student Conduct. In cases where the respondent is a faculty or staff the case may be referred to Human Resources to be reviewed for a potential response for inappropriate conduct and a general violation of the University’s “Working Policy.”
• Case Awareness and Notice—If a Title IX investigation is warranted, the appropriate Title IX Deputy Coordinator will meet separately with the reporting party and the respondent to provide a notice of charges, and review University policy and processes utilizing the Title IX Case Awareness Form.
• ADA or Disability—If the reporting party or the respondent has a qualified disability, they should provide documentation to the Office of Disability at 269-471-3227 and notify the Title IX Deputy Coordinator during the Case Awareness aspect of the process regarding any requests for accommodations that are appropriate to the disability.
• Account of Events—Both the reporting party and the respondent have the right to the same opportunities to present their account of events in a formal written statement that includes the names of any witnesses that observed the conduct in question.
• 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.
• Resources—Both the reporting party and the respondent have the right to be notified by the Title IX Deputy Coordinator of available resources and support systems.
• Support Person—Both the reporting party and the respondent have the right to have a single designated support person of their choice to support them and be present with them throughout the process. Support persons may accompany the reporting party or the respondent to any University proceedings. Support persons are not permitted to speak, direct questions, or otherwise participate in any University proceedings. Due to the potential conflict of interest, witnesses participating in the investigation will not be permitted to serve as support persons.
• 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 protective 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 well-being 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. Interim actions do not assume the respondent has been found responsible for the alleged Misconduct.
• No Contact Order—A student who feels he/she is the target of threats, harassment, intimidation or other similar behaviors which poses a concern to his/her safety or well-being, may request a No Contact Order (NCO). A No Contact Order, once issued, generally directs the student to refrain from all forms of contact, via any method including, but not limited to, phone calls, text messages, emails, social media, in-person, or through a third party. The specific terms may vary case by case. Individuals requesting a NCO are likewise not permitted to contact the other party.
  • No Contact Orders are issued at the discretion of Campus & Student Life. A NCO will typically remain in effect until the requesting party asks for it to be removed or until Campus & Student Life deems it no longer necessary. If Campus & Student Life determines that the reported behavior does not warrant the issuance of a NCO, the reporting individual will be referred to other forms of conflict resolution offered through the University. Campus & Student Life may put a NCO in place even if students do not request one, if circumstances warrant it.
  • No Contact Orders do not become part of a student’s conduct record. However, failure to abide by a NCO may result in disciplinary action for a violation of the Code of Student Conduct, which will become part of a student’s conduct record. Requests for a NCO or reports of violations should be directed to the Vice President or the Assistant Vice President for Campus & Student Life for general concerns and to the Senior Deputy Title IX Coordinator for concerns related to sexual misconduct or Title IX during regular business hours and Campus Safety (269-471-3321) on weekends or after hours.

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 a faculty or staff).
• According to established practices, the investigation is a neutral fact-gathering process and will follow the trail of evidence to determine 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 and to identify witnesses who may have relevant information.
• An investigative summary will be provided both to the reporting party and to the respondent.
• Both parties will have the opportunity to review the summary and to provide a written response including 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 is provided to the Title IX Coordinator who will review the report and direct the report to the appropriate Conduct Panel.
• If the respondent accepts responsibility for the specific charges, he/she may provide the Conduct Panel body with a written acceptance of the facts of the allegation. In such cases the Title IX Coordinator may direct the Conduct Panel to convene solely to determine appropriate sanctions.

University Determination and Outcomes

• The appropriate Conduct Panel convenes to review the evidence developed during the investigation and to meet with the investigators as needed.
• The Student Life Deans Council or a smaller pool of trained members of the Council handles the deliberative processes for students facing allegations. Title IX Misconduct cases are chaired by the assistant vice president for Campus & Student Life.
• A Title IX administrative panel handles the processes for faculty or staff facing Title IX Misconduct allegations. The Conduct Panel is chaired by the director of Human Resources. The panel will be selected from a pool of trained faculty, staff or administrators. 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 before the Conduct Panel. Note: Although neither party is required to appear for a hearing, to ensure fundamental fairness parties are expected to respond to questions posed by the other party.
• The Conduct Panel will deliberate using the “preponderance of evidence” standard of proof to determine by majority vote whether “more likely than not” the respondent is responsible or not responsible for committing Misconduct as outlined in this policy. Note: This is a lesser standard of proof than the “beyond a reasonable doubt” standard used in the criminal justice system.
• A determination by the Conduct Panel that the respondent is “not responsible” does not necessarily mean the alleged Misconduct did not happen or that the conduct was appropriate. Rather, it may mean that there was insufficient evidence to reach a determination of responsibility for a violation of the alleged Title IX Misconduct. It may also mean that the conduct was inappropriate within the general codes of student, faculty or staff conduct.
• Even when there is a determination that the respondent is “not responsible,” the Title IX Coordinator and/or Conduct Panel may, nevertheless, refer the case to the Student Life Deans Council to be reviewed for a potential response for inappropriate conduct or a general violation of the Code of Student Conduct. In cases where the respondent is a faculty or staff, the case may be referred to Human Resources to be reviewed for a potential response for inappropriate conduct or a general violation of the Working Policy.
• If and after there has been a determination of responsibility and before imposing disciplinary action the Conduct Panel may consider any impact statement submitted by the reporting party and mitigation statement submitted by the respondent.
• Any student, faculty, or staff member 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 Conduct Panel 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 Misconduct or other violations of the Code of Student Conduct, “Working Policy” or Employee Handbook.”

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.

• Notification of Outcome—The chair of the Conduct Panel will issue a written outcome letter to the respondent and the Title IX Senior Deputy Coordinator will issue a written outcome letter to the reporting party. Both the reporting party and the respondent have the right to receive the outcome, in writing, without undue delay between the notifications to the parties and usually within two business days of the end of the process.

Release of Documents

Under federal privacy laws the investigative summary, written statements from both parties, and any documents prepared by the University, constitute education records which may not be disclosed outside of University processes except as may be authorized by law. As such, both parties are instructed not to re-disclose written documents they receive from the University. However, the University does not impose any restrictions on the parties regarding verbal re-disclosure of the incident, their participation, or the final outcome letter.

Appeal Process

Both the reporting party and the respondent have the same opportunity to request 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 a request for an appeal are one or more of the following:

• New Information of a Substantive Nature: New and relevant information that was unknown or unavailable at the time the decision was made that could have significantly impacted the original findings or the outcome. A summary of such new information should be included in the request.
• 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 three 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. The University typically implements the original University response or sanction during the appeal process.

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

Faculty or staff requests for an appeal will generally be directed to a subcommittee of the Conduct Appeals Committee, which will be comprised of faculty and staff. The director Human Resources serves as the ex-officio secretary and non-voting member.

Given that in most cases the reporting party and the respondent have 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 scope of the authority of the Conduct Appeals Committee is to determine (1) if the Conduct Panel determinations were reasonable in light of the evidence, (2) if the procedures afforded fundamental fairness, and (3) if the disciplinary response was within the established range and consistent with University protocols. The role of the 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 Conduct Panel 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 (a) dismissal or (b) termination, the respondent may request an additional review with the Office of the Provost and the responding faculty or staff may request an additional review with the Office of the President).

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 apply disciplinary action to student victims or student witnesses of Misconduct who, in the process of making a good-faith report regarding Misconduct, voluntarily report their own violation(s) of the Code of Student Conduct (such as being in proximity to alcohol, 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 restorative or educational opportunities.

False Report

The University also prohibits members of the community from knowingly filing a false report or making misrepresentations of sexual misconduct, relationship violence, stalking, and discrimination based on sex. However, a report 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 reports are, by themselves, cause for disciplinary action.

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 usually takes up to 60 calendar days after the University has received formal notice of the Misconduct. The timeframe may take longer and be extended for good cause such as the complexities of a case, the scope of the investigation, to account for University breaks, or to accommodate the availability of participants or witnesses, etc.

Registered Sex Offender Policy Statement

In accordance with the Campus Sex Crimes Prevention Act of 2000, information regarding registered sex offenders is provided by the State of Michigan to the public as well as the campus community. All sex offenders are required to register in the state of Michigan and to provide notice to each institution of higher education in Michigan at which the person is employed, carries a vocation, or is a student. The Michigan Public Sexual Offender Registry can be reviewed at http://www.michigan.gov/msp/0,4643,7-123-1878_24961—,00.html.

All sex offenders are required to deliver written notice of their status as a sex offender to Andrews University no later than sixty (60) calendar days prior to their enrollment in, employment with, volunteering at, attending public programs at, or residence at Andrews University.

Right to Discuss, Inquire, Express and Petition 

Return to: Student Handbook 2019-2020  

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 audio-visual 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 may 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 well-being 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 sponsors, through the Student Associations, 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 2019-2020  

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. Student can provide authorization through their 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 (which include student conduct 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 2019-2020  

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), 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 Employee Services coordinator 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 2019-2020  

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 well-being 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

Ariel Solis

solis@andrews.edu

269-471-6022