Campus & Student Life Policies for Students and Employees

Harassment/Discrimination

Return to: Student Handbook 2024-2025  

Harassment/Discrimination Based on Race, Color, Ethnicity, National Origin, Citizenship, Sex, Religion, Age, Disability, Veteran Status, or Other Legally Protected Characteristic (other than Gender or Sex)

As a faith-based educational institution, our mission is not merely to transmit information but educational transformation of whole persons who will seek to reflect God’s Kingdom on earth and at Andrews University. 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. 

Although many interpersonal conflicts and some forms of misconduct can be resolved without recourse to a formal process and addressed by following guidance found in Matthew 18:15–20, the forms of harassment and discrimination governed by this policy may be legal matters which require a formal process. These policies describing the prohibition of unlawful discrimination, harassment and sexual misconduct have been developed to honor biblical principles, comply with federal and state law, and follow best practices for the safety of the campus community.

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 a person engages in behaviors that demean or intimidate individuals or groups because of personal characteristics, beliefs, or expressions. It includes conduct, speech, images or expression that 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. Bias that does not violate a University policy will generally be addressed through educational interventions. 

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.

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 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.

Examples of discrimination include:

• Treating one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit or service
• Providing different aid, benefits or services or provide aid, benefits or services in a different manner
• Denying any person any such aid, benefit or service
• Subjecting any person to separate or different rules of behavior, sanctions or other treatment
• Aiding or perpetuating discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of a legally protected characteristic in providing any aid, benefit or service to students or employees
• Otherwise limiting any person in the enjoyment of any right, privilege, advantage or opportunity

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. However, all faculty and staff are required to comply with the University’s “Working Policy” and “Employee Handbook,” as applicable, which limits certain behaviors inconsistent with the teachings of the Seventh-day Adventist Church. All students are required to comply with the University’s Code of Student Conduct, which likewise 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 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 (34 CFR Part 106), 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.

Notwithstanding the University’s constitutional and statutory rights to make employment, admission and educational decisions in a manner that is consistent with the tenets of the Seventh-day Adventist Church, harassment on the basis of any of the characteristics listed in this section is strictly prohibited.

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 identity, sexual orientation, religion, age, disability, veteran status, or any other legally protected characteristic. 

Harassment of a non-sexual or gender related nature. (See Title IX policy for harassment of a sexual or gender related nature)

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

• it unreasonably interferes with or limits an individual’s ability to participate in or benefit from academics, work or other services and activities or
• 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 bias, discrimination and harassment policy include, but are not limited to, the following: 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 Allegations of Bias, Discrimination, or Harassment

Bias, 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 believe you have witnessed or experienced acts of bias, discrimination or harassment as outlined above, you are encouraged to consider taking the following informal or formal steps. Please refer to the Title IX (Sex or Gender-Based Harassment/Discrimination Policy) section of this Handbook for allegations of a sexual or gender-based nature.

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 report or concern with one or more of the following: academic dean, associate vice president of Human Resources, assistant to the president for Mission & Culture, assistant vice president for Campus & Student Life 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 or protective measures to address the concern.

An informal process does not trigger a formal investigation and resolution process.

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 reasonably prompt resolution, which generally includes an investigation and resolution process when the allegations, if true, would reach the level of discrimination or harassment.

Written formal complaint involving a student. In cases where a complainant (reporting party) has a concern regarding alleged bias, discrimination or harassment by another student, the concerned party is encouraged to submit a written formal complaint to one or more of the following: assistant to the president for Mission & Culture, Campus & Student Life office, assistant vice president for Campus & Student Life or vice president for Campus & Student Life. 

• The vice president for Campus & Student Life, in consultation with the assistant to the president for Mission & Culture may appoint a Designated Response Team (DRT) to review the complaint and determine next steps
• Such steps include designating a team member to meet with the complainant to clarify the allegation, review processes and identify next steps as well as appropriate interim supportive measures. 

Written formal complaint involving an employee. In cases where a student has a concern regarding alleged bias, discrimination or harassment by a faculty or staff member, the concerned student is encouraged to submit a written formal complaint to one or more of the following: assistant to the president for Mission & Culture, associate vice president of Human Resources or vice president for Campus & Student Life.

• The associate vice president of Human Resources, in consultation with Student Life, the assistant to the president for Mission & Culture and vice president for Campus & Student Life, may appoint a Designated Response Team to review the complaint and to determine next steps.
• Such steps may include designating a member to meet with the complainant to clarify the allegation, review processes and identify next steps as well as appropriate interim supportive measures. 

The written formal complaint should include a concise description of the incident with relevant details, date, time and location, identification of the other person(s) and witness involved, etc. A copy of the complaint may be provided to the responding party. 

Response and Resolution Processes. Submitting a formal written complaint will signify a request to trigger the University’s assessment, response and resolution processes. The response plan generally includes the following steps:

• Where the allegations, if true, would rise to the level discrimination or harassment in violation of this policy, an investigation will commence.
• An investigative process will be activated that includes 1) meeting with all relevant persons and providing each with the opportunity to give their own account of events and 2) gathering facts and all available evidence relevant to the allegations.
• If the responding party is another student, the investigation report may be provided to a Decision-Maker Panel or the Student Life Conduct Council. 
• If the responding party is faculty or staff, the investigation report may be provided to a Decision-Maker Panel chaired by the associate vice president of Human Resources. 
• Any determination of responsibility will be based on whether there is a “preponderance of evidence” that discrimination or harassment occurred.
• The Decision-Maker Panel reserves the right to assign the type of educational and/or corrective disciplinary response deemed appropriate for the level of violation, broadening or lessening the response relative to the severity, persistence or pervasiveness of the conduct.
• If the allegation does not rise to the level of discrimination, harassment or other violation of other student conduct or employee policies, the Designated Response Team may nevertheless recommend or require an educational experience, as deemed appropriate.

Retaliation 

• Retaliation (including peer) is a serious violation of University policy and law, and any offender will be subject to disciplinary action.
• Retaliation is any adverse action, including intimidation, threats, coercion or discrimination, taken against an individual including reporting information, making a complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or resolution process or in any other appropriate steps taken by the University to promptly and effectively end any harassment or discrimination.
• Retaliation against an individual for (a) reporting an allegation of a violation of University policy, (b) supporting a party bringing a complaint, (c) assisting in providing information, and (d) participating or refusing to participate in a University proceeding 
• An allegation of retaliation should be reported to a Student Life or Human Resources official.
• The exercise of rights protected under the First Amendment does not constitute retaliation. It is also not retaliation for the University to pursue policy violations against those who make materially false statements in bad faith in the course of a resolution. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.
• If a report of retaliation relates to an active University case that has not yet gone to a resolution, the investigative processes can be combined into the current case investigative processes. Retaliation may be substantiated even without a finding of responsibility for the alleged harassment or discrimination.

Title IX (Sexual or Gender-Based Harassment) Policy and Resources

Return to: Student Handbook 2024-2025  

Andrews University recognizes that God has created every individual, male and female, equal in His image and endowed with unique value. As Creator and Redeemer, He calls us with loving grace and empowers us to give each of His children the utmost respect in speech and action and to expect the same from others.

Andrews University expects members of its community to follow biblical guidelines for intimacy and for sexual relationships. (See Code of Student Conduct and Employee Working Policy.) While some portions of this Policy may address intimate or sexual activities outside of marriage, such content should not be seen as condoning these actions. At the same time, an individual’s engagement in intimate or sexual activities outside of marriage does not excuse any type of sexual misconduct. The University is committed to protecting the members of its community against all forms of sexual misconduct—regardless of the context in which it arises.

Introduction

Title IX prohibits discrimination on the basis of sex (gender) in educational programs and activities that receive federal assistance. As a religious faith-based institution, the University 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.

The Department of Education calls discrimination on the basis of sex (gender) to include “Sexual Harassment,” which the regulations define as follows:   

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

(1) An employee of the [institution] conditioning the provision of an aid, benefit, or service of the [institution] on an individual’s participation in unwelcome sexual conduct [also called “quid pro quo harassment”];

(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the [institution’s] education program or activity [also called “hostile environment harassment”]; or

(3) “Sexual assault” …, “dating violence” … , “domestic violence” …, or “stalking” …

34 C.F.R. § 106.30

When the University has actual knowledge of Sexual Harassment in an education program or activity within its jurisdiction, it must respond promptly in a manner that is not deliberately indifferent. The University’s response would be considered “deliberately indifferent” only if its response to Sexual Harassment is clearly unreasonable in light of the known circumstances.

Jurisdiction

This policy governs Sexual Harassment directed against persons in the United States, including a University student, student employee, faculty or staff, by a member of the University community, if the alleged Sexual Harassment is reported in a formal written complaint and occurred in an educational program or activity as to which the University has substantial control over the respondent as well as the context in which the act occurred.

The University will respond to Sexual Harassment 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.

University Community: The University community includes students, student employees, faculty, staff, appointees, volunteers, non-employee clients, supplier/contractors and visitors. The respondent must be a member of the University community in order for this policy to apply. However, even if the respondent is unknown or is not a member of the University community, the Title IX office will assist the complainant in identifying appropriate resources and support options as well as other potential remedies.

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 within the U.S.: Off-campus violations may pose a disruption or threat to the educational environment. Examples of off-campus Sexual Harassment that may occur where the University has substantial control include conduct that:

• 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)
• Involves students in the United States enrolled in the University’s College of Education & International Services or other off-campus educational programs

Online: Violations can occur in a variety of forums on the internet. 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. The University will have jurisdiction where the University has substantial control over an identified respondent using University networks and social media platforms.

In instances where Sexual Harassment is found by the Decision-Maker Panel to have occurred, the University will take appropriate action, up to and including separation from the University, with the goal to end such Sexual Harassment, prevent its recurrence and remedy its effects. Third parties who engage in Sexual Harassment may have their relationship with the University terminated and/or their privileges of being on University premises withdrawn.

Allegations of misconduct that do not fall within the University’s Title IX jurisdiction, may still be subject to the processes contained in the University’s Code of Student Conduct or its Working Policy or Employee Handbook.

Descriptions of Sexual Harassment

Sexual Harassment

Sexual Harassment is conduct of a sexual or gender-based nature that meets the below definitions for sexual assault, quid pro quo harassment, hostile environment harassment, dating violence, domestic violence, and stalking.

Sexual Assault

1. Non-Consensual Fondling: The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
2. Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the complainant including instances where the complainant is incapable of giving consent.

a. Forcible Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant.

b. Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

c. Sexual Assault with an Object: To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

3. Sex Offenses, Nonforcible: Nonforcible sexual intercourse.

a. ​Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by state law.

b. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent (16 years old in the state of Michigan). This offense only applies if conduct is “consensual” with minor. If forced or against will of victim, revert to Forcible Rape definition.

Quid Pro Quo Harassment

Quid Pro Quo harassment exists when an employee conditions the provision of an aid, benefit or service of the University on an individual’s participation in unwelcome sexual conduct. It 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).

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.

Hostile Environment Harassment

The definition of “hostile environment harassment” differs under Title IX (discrimination in education) and Title VII (discrimination in employment). 

Under Title IX, hostile environment harassment occurs when unwelcome sexual or gender-based conduct is so severe and pervasive and objectively offensive that it effectively denies a person equal access to the University’s educational program or activity, as determined by a reasonable person.

Under Title VII, hostile environment harassment occurs when unwelcome sexual or gender-based conduct is so severe or pervasive or objectively offensive that it alters the terms and condition of employment, as determined by a reasonable person. 

For purposes of Title IX, the nature of the unwelcome conduct underlying a hostile environment harassment must be either sexual or gender-based in nature. Thus gender-based harassment may occur even if the unwelcome conduct is not “sexual” in nature. Unwelcome conduct based on a person’s sexual orientation or gender identity may also form the basis of hostile environment harassment. Unwelcome conduct may be expressed in the form of acts of aggression, intimidation or hostility, whether verbal or nonverbal, graphic, physical or other. 

An isolated incident typically will not amount to hostile environment harassment under Title IX, but it may violate another aspect of the Code of Student Conduct.

The following is a non-exhaustive set of behaviors which may constitute hostile environment harassment in violation of Title IX:

• 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 disparaging a person’s gender 
• Gender-based or sexually suggestive jokes, innuendos or gestures
• Gender-based stereotyping, bullying, sexism, sexist attitudes
• Unwelcome conduct based on sexual orientation or gender identity

A finding that such unwelcome conduct actually occurred is not enough, in itself, to support a Title IX violation for hostile environment harassment. Rather, a Title IX violation occurs only when it is further found, by a preponderance of evidence, that as a result of the unwelcome conduct the complainant was effectively denied equal access to the University’s educational program or activity.

Dating Violence

“Dating violence” means violence committed by a person—

(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(B) where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship

(ii) The type of relationship

(iii) The frequency of interaction between the persons involved in the relationship

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 Sexual Harassment

Domestic Violence

“Domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of 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, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Michigan, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Michigan.

Domestic 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 Sexual Harassment

Stalking

“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person either—

(A) To fear for his or her safety or the safety of others; or

(B) To 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 when repeated 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
• Unwelcome 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 behaviors should be taken seriously and discussed with a Title IX official, whether or not there appears to be a level of threat and whether or not the alleged stalker is known by the victim. Possible next steps could include considering a mutual No Contact Order.

Definitions

• 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 valid defense to an allegation.
• 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 Harassment 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 bedding as well as washing any area of their body. Under some circumstances, the complainant should seek immediate medical attention before washing themselves or clothing. If clothes have been removed, place each item separately in paper bags. The complainant 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 (ideally within 72 hours of the incident—sooner is better) 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.