TO HOLD ACCOUNTABLE: Student Responsibilities

“To restore in man the image of his Maker, to bring him back to the perfection in which he was created, to promote the development of body, mind, and soul, that the divine purpose in his creation might be realized—this was to be the work of redemption. This is the object of education, the great object of life” (Ellen G. White, Education, pages 15–16).

Self-Discipline and Institutional Intervention (Discipline) 

Return to: Student Handbook 2019-2020  

The goal of the student conduct intervention (discipline) processes at Andrews University is to shape and maintain a culture that fosters personal growth and accountability to the values of the institution. The University’s approach is first restorative as well as educational as it seeks to transform students for this life and for eternity.

Students are encouraged to take personal responsibility for all avenues of their spiritual, mental and physical growth as they model the Andrews community values. These values are designed for the well-being of both the individual student and the community as a whole. A voluntary commitment to the values requires personal integrity and self-discipline which generally dispenses with the need for institutional discipline.

Inevitably, there will be occasions when students fail to exercise self-discipline and do not fulfill their commitment to the values and the Code of Student Conduct. On such occasions students place themselves in a situation in which it becomes necessary for the University to intervene and hold students accountable for their behavior.

The Student Conduct Intervention Process focuses on student’s taking responsibility for the consequences of their choices. As in the classroom, the Student Conduct Intervention Process seeks to foster the student’s learning and the development of decision making and critical thinking skills, as well as taking responsibility for the consequence of one’s choices. As such the process it is not intended to include direct participation by parents or external parties. In seeking to reflect a balance of mercy and justice, the University will strive to give students consistent and equitable processes and responses to reports of misconduct in a manner which is considerate of each individual.

As a religious institution, Andrews University claims constitutional guarantees that permit it to have expectations for students and employees regarding their duty to uphold biblical principles of morality, deportment and appearance as interpreted by the Seventh-day Adventist Church.

Code of Student Conduct 

Return to: Student Handbook 2019-2020  

The University takes seriously any failure of a student to abide by his/her commitment to the Community Values Agreement and the Code of Student Conduct. The University understands that all human beings are prone to make mistakes and that every situation is unique. Nevertheless, all student, regardless of status, should expect to receive consequences, up to and including dismissal from the University, if the student engages, or attempts to engage, in any activity, behavior or communication described in the following list, whether it takes place on-campus, off-campus or online. Violations motivated by bias related to protected characteristics may be subject to additional considerations as a bias incident. The list that follows is not comprehensive but does provide examples of violations of the Code of Student Conduct:

1. Willful undermining of the mission and values of the University, this Code of Student Conduct and the Seventh-day Adventist Church
2. Profane, obscene, indecent or otherwise inappropriate conduct such as indecent exposure, or expressions which violates accepted standards of Christian conduct
3. Disorderly or disruptive conduct (regardless of intent), or other types of obstructive or dysfunctional behaviors that compromise the educational, residential, or work environment, or other University activities, or the well-being, health and safety of others
4. Failure to comply with directives of University officials or law enforcement officers acting in performance of their duties. This includes, but is not limited to the failure to identify oneself to one of these officials when requested to do so, failure to comply with the directives of a formal No Contact Order, or to complete a disciplinary actions prescribed by conduct process.
5. All forms or acts of dishonesty or deception including, but not limited to, the following:
   • Larceny (theft): knowingly taking or using item(s) without the owner’s expressed permission.
   • Fraudulent actions such as timecard and payroll fraud.
   • Cheating, plagiarism or other forms of academic dishonesty
   • Furnishing false or misleading information to any University office, official, faculty or staff
   • Forgery, alteration or misuse of any University document, record or instrument of identification
   • A pattern of spreading unsubstantiated rumors
   • Tampering with the election of leaders of any recognized student organization
6. Discrimination or harassment: Any act or failure to act based on perceived or actual personal characteristics as outlined in the section “Right to be Free from Bias, Discrimination or Harassment”
7. Hazing, defined as an intentional or reckless act that the person knew or should have known endangers the physical or emotional well-being of an individual and that is traditionally done for the purpose of being initiated into or affiliating with an established group or organization
8. Physical aggression or physical assault-Includes acts of hitting, pushing, kicking, pulling hair, etc.
9. Relationship violence or abuse which includes domestic violence, dating violence and stalking behaviors
10. Sexual misconduct including, but not limited to, sexual harassment, sexual exploitation, non-consensual sexual contact and non-consensual sexual penetration
11. Cohabitation of unmarried members of the opposite sex or hosting overnight visitors of the opposite sex (including sharing a hotel or guest room); entering the residence hall room of a member of the opposite sex (with the exception of a formal open house program or permission from a residence hall dean)
12. Premarital and extramarital sexual activity or sexually related behavior that includes but is not limited to inappropriate displays of affection; accessing, possessing or displaying pornographic or other sexually explicit materials; and sexting or other virtual forms of sexual activity
13. Romantic behaviors between individuals of the same sex, understanding that not all displays of affection are romantic in nature
14. Verbal, written, physical and other forms of inappropriate, disrespectful, intimidating, harassing, bullying (degrading, humiliating, malicious or defamatory) or lurking (expressing and/or maintaining steady romantic interest that is unwelcomed and/or unrequited)  behaviors which compromise the dignity,  well-being, health or safety of any person; includes, but is not limited to, phone calls, emails, texts and all forms of online or social network communications
15. Threats or threatening statements or conduct which directly expresses or implies a threat or dangerous intention to a specific or general target.
16. On- or off-campus use, possession (in one’s residence, vehicle, belongings or on person), purchase, sale, manufacture, distribution or attempts to solicit or facilitate the purchase or presence of the following:
    • Tobacco in any form
    • Alcoholic beverages (or empty alcohol containers) in any form
    • Marijuana in any form
    • Illegal drugs or drug-related paraphernalia
    • Other paraphernalia including roach clips, bongs, hookahs, e-cigarettes, vapor and hookah pens, papers, scales or any material or apparatus containing drug residue etc.,
    • Misuse of prescription drugs (for more information, see Substance Abuse)
17. Proximity to alcohol, marijuana, illegal drugs or drug paraphernalia, such as parties where alcohol or illegal drugs, etc., are present and served by another host
18. Hosting/planning events in one’s own residence or elsewhere where alcohol is served or consumed and/or illegal drugs or drug paraphernalia are present
19. Engaging in entertainment or activities that do not meet the high standards of Christian conduct including but not limited to sexually suggestive or explicit dancing, gambling, pornography, etc.
20. Participation in organizations that have not been registered with the Student Life office or in organizational activities that have not been approved by the organization’s faculty/staff sponsor and the Student Life office
21. Unauthorized use of Andrews University’s name or facilities for purposes that are not consistent with the Code of Student Conduct and the values of Andrews University
22. Firearms, explosives, flammable substances and other weapons of any kind are not allowed on University property or in any vehicle parked on University property. This includes, but is not limited to, rifles, shotguns, pistols, paintball guns, BB guns, pellet guns, bow and arrows, stun guns, Tazers, “air-soft” guns, look-alike firearms, knives with blades longer than three inches (excluding culinary knives) and martial arts weapons. The manufacturing of any part of a firearm or explosive, or the possession of any firearm or other weapon or storage of ammunition on University property is cause for corrective and immediate action up to and including dismissal. For further explanation, please see andrews.edu/safety
23. Attempted or actual vandalism, arson, or damage to individual, institutional or community property. Removal of institutional property from its designated place
24. Deliberate misuse of a fire alarm system or other emergency equipment (Civil Code may bring up to one year in prison and up to a $500 fine) or other violations of established safety protocols
25. Unauthorized entry or exit of campus buildings by any means other than the designated entrances, use of an exit for non-emergency purposes during timeframes when usage is established for emergency purposes only, or unauthorized presence (non-criminal trespassing) in University buildings after regular or established operational hours.
26. Unauthorized possession, duplication or use of University key(s) or other access devices to any University premise
27. Violation of institutional policy or code published in hard copy or available electronically on the University website such as a Campus Safety policy, Andrews University’s Student Information Technology Usage Policy (see Student Information Technology Usage Policy), etc.
28. A legal conviction for or confirmation of violations of federal, state or local law which indicate that a student is not in good standing with the community
29. Conduct which has an adverse effect on the student’s responsibility to model good citizenship and/or good leadership in the University community or in any other community

The code is reviewed every year and input from students and other members of the Andrews University community is welcomed. The University retains the right to instate additional policies or modify existing policies as needs may dictate. Any questions related to the interpretation of this code should be referred to the vice president for Campus & Student Life.

Student Conduct Intervention (Disciplinary) Processes 

Return to: Student Handbook 2019-2020  

The student conduct intervention (disciplinary) processes at Andrews University are designed to provide fair and fundamental processes to the accused student. The president is responsible for the enforcement of the policies and regulations of the University.

• The president delegates authority to the provost for the application of the academic and non-academic (student conduct) policies.
• The provost along with the academic deans applies academic policies.
• The provost delegates to the vice president for Campus & Student Life the application of non-academic policies relative to student conduct.
• The vice president for Campus & Student Life may delegate to Student Life personnel or other designee the processes and application of consequences for violations of the Code of Student Conduct.

Reporting Violations of the Code of Student Conduct

Students and staff are encouraged to share reports of violations of the Code of Student Conduct directly with a Student Life administrator, Student Life or Residence Life dean and trust that careful consideration, discretion and investigative processes will be taken to determine the best course of action. An online public report can also be made here: https://andrewsu-advocate.symplicity.com/public_report/index.php/pid914168?.

Anonymous reporting is discouraged, as it will seriously limit the University’s capacity to investigate and respond to the report.

Interim Measures

The University may consider 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 typically assume a student has been found responsible for a violation of the Code of Student Conduct.

No Contact Order

A student, faculty or staff 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 individual 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 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 for requesting students. 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 parties do not request one, if circumstances warrant it.

No Contact Orders do not become part of a student’s record. However, failure to abide by a NCO may result in disciplinary action for a violation of the Code of Student Conduct or Working Policy, which will become part of a student’s conduct record. Requests by a student 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 concern and to the Senior Deputy Title IX Coordinator for concerns related to sexual misconduct or Title IX during regular business hours. Requests by a faculty/staff for a NCO or reports of violations should be directed to the director of Human Resources for general concern and to the Deputy Title IX Coordinator for concerns related to Title IX or sexual misconduct during regular business hours. Requests or reports of violations on weekends or after hours should be directed to Campus Safety (269-471-3321).

Student Conduct Processes

When a report is made regarding a violation of the Code of Student Conduct, the Student Life dean or designee of the vice president for Campus & Student Life initiates conference with the student and an investigation process. The Student Life designee meets with the student to

1. provide notice and a summary report of the alleged violation
2. provide an opportunity for the student to respond to the report and give their own account of the events, verbally as well as in writing, and to offer additional perspectives, suggestions of witnesses and/or avenues of investigation.
3. seek additional relevant information in order to establish a factual pattern
4. determine if the student accepts responsibility for the allegation of misconduct
5. review relevant policies and student conduct intervention processes
6. offer care and insight to foster a restorative outcome

Student Conduct Determination of Responsibility and Disciplinary Intervention Responses

Minor allegations of misconduct may be assessed informally, and when a student accepts responsibility established protocols may be applied by a designee acting by the authority of the vice president for Campus & Student Life.

If it is determined that there has been a serious violation of a University regulation, or a student does not accept responsibility for the allegation, the case if referred to the Student Life Deans Council. The Student Life Deans Council serves as the conduct panel that deliberates to determine responsibility for serious violations of the Code of Student Conduct as well as any subsequent disciplinary actions, including warnings, citizenship probation, suspension and dismissal.

In determining an appropriate response to a violation, consideration will be given to the nature of the incident, the results of the hearing and investigation, and the student’s conduct record and influence on campus, as well as to established University protocols and responses.

The vice president for Campus & Student Life will be consulted before all major student conduct suspensions of one semester or more are finalized. The vice president for Campus & Student Life will consult with the provost before a dismissal is finalized.

Students facing an off-campus suspension or dismissal are given the opportunity to select a support person. Support persons for general conduct violations will be individuals from within the University’s faculty or staff, as long as they are not a relative of the parties involved. Support persons may accompany the student to a hearing with the Student Life Deans Council, however they may not direct questions to or otherwise address the Council.

University processes are not legal criminal judicial proceedings. Criminal courts make a determination of guilt or innocence of an accused. The student conduct processes at Andrews University make a determination of responsibility. Some students may elect to seek counsel from an attorney at their own expense. However, attorneys are not permitted to be present or speak or otherwise participate in formal University proceedings for general conduct cases.

Standard of Proof

A standard of proof is the measure of how convinced a decision-maker must be about the facts of a case to reach a decision. If there is lack of clarity or confirmation regarding the alleged report, University personnel will further investigate the situation, making reasonable efforts to gather all relevant evidence.

While criminal courts use a “beyond a reasonable doubt” standard of proof, University student conduct processes use a lower “preponderance of evidence” standard. This means that it is on the basis of “more likely than not” that a determination is made that a student is responsible for a violation of the Code of Student Conduct. Therefore, a student may be found responsible for violating a University policy and there be insufficient evidence to be prosecuted in the criminal justice system.

Notifications

Outcomes to student conduct processes are generally not disclosed to the public except as may be permitted by FERPA, such as in times of violence. Andrews University may inform the academic dean and an undergraduate student’s parent/guardian of more serious violations of the Code of Student Conduct and the resulting consequences. Every effort is made to first encourage students to inform their parents as well as their teachers, advisor and academic dean.

Professional Program Standards

In addition to a response from the Student Life Intervention process regarding their status as a student-at-large, students may receive an additional response to a violation of the Code of Student Conduct according to the professional program standards of their academic department.

Types of Responses

Depending on the severity of the situation, the University’s response may include, but is not limited to, any of the following list:

• Conversation with the student and appropriate staff, faculty or administrators to clarify issues and provide an opportunity for learning to take place
• Counsel, written or oral
• Warnings, written or oral
• Citizenship probation (see below)
• Suspension (see below)
• Dismissal (see below)
• Participation in an educational experience such as attending educational classes and writing a reflective or research paper
• Participation in a professional assessment and/or counseling session(s) through the University’s Counseling & Testing Center
• Participation in a support or counseling component (examples that may be selected by the student could include the Counseling & Testing Center, a pastor, a chaplain or a faculty or staff member, as deemed appropriate)
• Participation in a student success plan or voluntary service, on- or off-campus
• No-contact order
• Fines
• Restitution
• Separation from all classes and organized campus activities
• Separation from the campus property under the terms of a campus ban (violation of a campus ban may include legal consequences)
• Additional academic consequences, up to and including dismissal from an academic program

Citizenship Probation

A student may be placed on citizenship probation for a violation of the Code of Student Conduct for a designated period of time that generally spans 15 weeks. The probation may also be a part of a response that also includes suspension. As part of a probationary status, privileges such as formal student leadership offices and/or participation in campus activities are usually removed. Honor, curfew and overnight leave privileges may also be removed for residence hall students. In general, a student on citizenship probation should expect that any further disregard of the Code of Student Conduct will result in a more serious response including suspension, withdrawal and dismissal.

Suspension

At the discretion of the University or the Student Life Deans Council, there are several types of suspensions and timeframes involving separation from classes, activities and the University.

Timeframes. The suspension timeframe may be as follows:

1. Definite: The duration is known and stated.
2. Indefinite: The duration may be unknown until some components are completed, even so an indefinite suspension generally identifies the minimal suspension time period, for example, of not less than a year.
3. Interim: Pending the outcome of an investigation or until a specified condition is met. In special circumstances, such as to facilitate the safety or well-being of members of the University community, an interim leave or suspension may be activated without a determination of responsibility
4. A deferred suspension may be for a definite period of time that is served at a later period of time

Locations and restrictions. The terms of suspension may be as follows:

1. Off-campus Suspension Components
   • Longer-term (ranges from one week to one semester to one year or two–four years)
   • Suspension is served at student’s off-campus home or off-campus location
   • Suspension from attending classes, campus activities and work; may include a campus ban
   • If a suspension for the remainder of the semester occurs prior to the last scheduled date to withdraw from classes, the student may complete the formal exit/withdrawal process to receive “W”s for their classes. Receiving grades, incompletes or deferred grades is not an option. Partial tuition refunds are potentially available only early in the semester as established in the “Andrews University Bulletin.”
   • Citizenship Probation
   • Other restorative and educational interventions
2. On-campus Suspension Components

• Out-of-Class Suspension
  • Shorter-term (ranges from 3–5 days within a semester)
  • Suspension is served while student remains at their current residence
  • Suspension or separation from attending classes, campus activities, work, etc.
  • Citizenship Probation
  • Voluntary service
  • Other restorative and educational interventions
• In-Class Suspension
  • Shorter-term (two weeks within a semester)
  • Suspension is served while student remains at their current residence
  • Student is required to attend classes, but a portion of their time and activities is suspended to facilitate a student success and intervention plan
  • Voluntary service or supervised academic success program (and related fees)
  • Citizenship Probation
  • Mentoring with a Student Life dean for a minimum of six weekly sessions
  • Other restorative and educational interventions

Further disregard of University expectations could result in a student being dismissed.

Dismissal

A student who is dismissed for student conduct violations is generally permanently separated from the University as well as from the academic program in which they are enrolled. This means that the student would not be eligible for readmission to any academic program and may also be issued a ban from visiting the campus for any purpose.

Appeal Processes for Student Conduct Intervention (Disciplinary) Responses

An appeal is not granted in response to general dissatisfaction with the outcome of a disciplinary case. The limited grounds on which the University will consider granting a request for an appeal are one or more of the following:

1. 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 substantially impacted the findings or outcome. A summary of such new information should be included in the request.
2. Substantive Procedure Error: The original processes had a significant or relevant procedural error that may have impacted fundamental fairness
3. Substantive Disproportionate Response: The University response was clearly disproportionate to the established range of consequences for the violation

Responses to violations of the Code of Student Conduct that are at the level of probation or below are not eligible for the formal appeal process.

Request for an Appeal

The formal request for an appeal to student conduct intervention responses should be directed to the vice president for Campus & Student Life 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 vice president will review the request in consultation with University administration. The student will be notified by the vice president if the request for an appeal has been denied based on insufficient grounds. The University typically implements the original University response during the appeal process.

The Appeal Process

If the appeal process is granted, the vice president for Campus & Student Life will facilitate and coordinate the process. The vice president for Campus & Student Life will generally direct appeals regarding serious disciplinary action to the Citizenship Appeals Committee—which is a broadly representative group comprised of faculty/staff. The vice president serves as the ex-officio secretary and non-voting member and appoints one of the faculty/staff members as chairperson. In cases of sexual misconduct, the assistant vice president for Campus & Student Life serves as the ex-officio secretary.

Given that the student in most cases has already had a face-to-face hearing with a Student Life dean and/or the Student Life Deans Council, 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. An appeal is generally limited to review of a student’s written appeal request, University record and/or summary reports.

The scope of the authority of the Conduct Appeals Committee is to determine (1) if the Student Life Deans Council or 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 members of the Citizenship Appeals Committee is not to substitute judgement for the original decision and will remain focused on the specified grounds for the appeal.

The appeal process may be returned to the Student Life Deans Council, especially in cases where there is new and relevant information of a substantive nature.

The Citizenship Appeals Committee can uphold the original decision, alter the original decision, and/or alter the University (disciplinary) response. The decision of the Citizenship Appeals Committee will be final.

False Report

The University also prohibits members of the community from knowingly filing a false report. 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.

University Authority and Civil Penalties

The University will cooperate fully with law enforcement and other agencies in the enforcement of the law and the conditions imposed by the courts. When a student is charged by federal, state or local authorities with a violation of a law, the University will not request or agree to special consideration for that individual because of his or her status or former status as a student. If the offense is also subject to a sanction for a violation of the Code of Student Conduct, the University may elect to advise off-campus authorities of the existence of the Code of Student Conduct and how such matters are generally handled internally within the University community. Individual students, faculty and staff members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

A student who is charged with violating the law may also incur sanctions prescribed by the University in addition to those prescribed by the civil authorities when the Code of Student Conduct has been violated. Depending on the circumstances, the University may proceed with, or postpone, its inquiries or investigations while a criminal investigation is underway. The University reserves the right to proceed in a manner which best protects its students or its interests.

If a residence hall student is accused or arrested for violating a federal, state or local law, when requested by the student’s parents and legally permissible, after consultation with the vice president for Campus & Student Life, a short-term loan of up to $500 may be acquired in consultation with Student Financial Services for a bond.

Thank You for Choosing Andrews 

Return to: Student Handbook 2019-2020  

By choosing Andrews, you choose to be part of something unique. Our Seventh-day Adventist Christian faith and values set us apart. Whether or not you share our particular faith perspective, we invite you to live within the values that make Andrews a welcoming and supportive environment for all who seek a faith-based education.