Campus & Student Life Policies for Students and Employees

Anyone may make a report of allegations of sex or gender-based harassment/discrimination, including students, employees, parents or any individual who is directly involved in, observes or reasonably believes that sex or gender-based harassment/discrimination may have occurred. A report is not the same as a formal complaint (see below).

The University encourages reporting policy violations to a designated Title IX University official authorized to take corrective action (see chart below). Allegations of sex or gender-based harassment/discrimination become official when received by such an official. This allows the University to begin an initial assessment. However, the Title IX assessment process only begins when a formal complaint is submitted to the Title IX office and signed by the complainant.

Reports also provide the University with an opportunity to ensure that appropriate supportive measures and resources are provided for the complainant and the respondent, even if no informal or formal grievance procedure is requested. At the same time, before a complainant reveals information (name of the respondent, details, etc.), they should understand that only confidential employees, who include professional counselors, pastors and chaplains (hired or appointed by the University for a specific job description to provide counseling and pastoral care), are required to retain confidentiality and not trigger a report to a designated University official.

With the exception of confidential employees (professional counselors and chaplains hired or appointed by the University to provide counseling and pastoral care), all other faculty and staff (including student employees) are mandatory reporters and are required to notify the Title IX coordinator or designated Title IX University official immediately when the employee has information about conduct that reasonably may constitute sex or gender-based harassment/discrimination. 

In K–12 schools, as well as for minors at the University level, all faculty and staff, including counselors and pastors, are mandatory reporters in cases involving minors. Mandated reporters must immediately report known or suspected mental or physical abuse or neglect of a child made known to them in their professional or official capacity directly to Michigan’s Department of Human Services by calling 855-444-3911 (24/7 toll-free number). You must submit a written report to the Department of Human Services within 72 hours of the initial verbal report. 

Faculty and staff are not required to report information regarding sex or gender-based harassment/discrimination in circumstances where a survivor speaks out at a public awareness event or when the individual participates in an approved human subject research protocol, unless it indicates an imminent and serious threat to the health and safety of a complainant, student, employee or other persons. However, the University will use this information to inform its efforts to prevent sex or gender-based harassment/discrimination.

If a complainant expects formal University action in response to their allegations, it is strongly recommended that they report directly to the Title IX office. In addition, any mandated reporter can connect them with resources to report alleged misconduct and/or policy violations. These employees are expected to immediately pass notice to the Title IX coordinator (and/or police if desired by the complainant or required by law), who will act when an incident is reported to them.

Although the University cannot provide anonymity for witnesses, in an effort to remove fears and obstacles to reporting and participating in the process, the University does not apply disciplinary action to student parties (complainant and respondent) or student witnesses of sex or gender-based harassment/discrimination who, in the process of making a good-faith report, 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. Those making good-faith reports may be asked to engage in educational opportunities to foster healing and growth. Granting amnesty is a discretionary decision made by the University, and amnesty does not apply to more serious allegations, such as physical abuse or illicit drug distribution. 

The University’s response begins when any non-confidential employee receives a report or obtains information of alleged conduct that reasonably may constitute sex or gender-based discrimination/harassment in the University’s education program or activity. University proceedings will seek to provide a prompt, fair and impartial consultation, investigation and response by trained officials.

To raise any concern involving bias or conflict of interest by the Title IX coordinator, contact the vice president for Campus & Student Life. Concerns of bias or conflict of interest by a decision-maker or investigator should be raised with the Title IX coordinator.

Step 1: Report/Formal Complaint

Upon receipt of a report, a formal complaint or knowledge of an alleged policy violation, the Title IX coordinator will initiate a prompt initial evaluation to determine the University’s next steps. The Title IX coordinator will contact the complainant/source of the report to offer supportive measures, provide information regarding resolution options and determine how they wish to proceed. 

Step 2: Initial Evaluation

The Title IX coordinator typically conducts an initial evaluation typically within seven (7) business days of receiving a report, formal complaint, or becoming aware of alleged misconduct, unless extenuating circumstances prevent a timely review. The initial evaluation typically includes:

• Assessing whether the reported conduct may reasonably constitute a violation of the Title IX Policy or is within the University’s jurisdiction.
  • If the conduct may not reasonably constitute a violation of the policy or is not within the University’s jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. It may then be referred to another process or University office, if applicable.
• Offering and coordinating supportive measures for the complainant and/or respondent, as applicable.
• Notifying the complainant/the person who reported the allegation(s) and the respondent of the resolution processes, including a supportive response, an informal resolution or the formal resolution process described below.
• Determining whether the complainant wishes to make a complaint.
  • Helping a complainant to understand their options
    • If the complainant files a formal written complaint, the Title IX coordinator will help to facilitate the complaint, which will include working with the complainant to determine which resolution option the complainant would like to pursue:
      • a supportive response, and/or
      • informal resolution, or

      • the formal resolution process described below.

    • If the complainant indicates (either verbally or in writing) that they do not want any action taken, no resolution process will be initiated (unless deemed necessary by the Title IX coordinator), though the complainant can elect to initiate one later, if desired.

Step 3: The Resolution Process

The Title IX resolution process consists of two available processes: 1) the informal resolution or 2) the formal resolution. The process considers the parties’ preferences but is ultimately determined at the Title IX coordinator’s discretion.

Informal Resolution Processes

• Informal resolution processes provide both parties with the opportunity to develop a mutually agreed-upon resolution that may include acknowledgments and commitments to remedy the situation. 
• To initiate an informal resolution, a complainant must sign and submit a formal complaint. The University will obtain voluntary, written confirmation that all parties wish to resolve the matter through informal resolution before proceeding and will not pressure the parties to participate in an informal resolution. The informal resolution will not involve a full investigation, hearing and determination.
• The individual facilitating an informal resolution must be trained and cannot be the investigator, decision-maker or appeal decision-maker.
• The Title IX coordinator will maintain records of any resolution reached and will notify the parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the resolution process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement, etc.). The results of complaints resolved by informal resolution are final and not appealable.
• It is not necessary to pursue an informal resolution first in order to pursue a formal resolution process. Any party participating in informal resolution can withdraw from the informal resolution process at any time and initiate or resume the formal resolution process.
• The parties may agree, as a condition of engaging in informal resolution, on what statements made or evidence shared during the informal resolution process will not be considered in the formal resolution process, should informal resolution not be successful, unless agreed to by all parties.
• If an investigation is already underway, the Title IX coordinator has the discretion to determine if an investigation will be paused, if it will be limited or if it will continue during the informal resolution process.
• An informal resolution is not available in cases regarding allegations of the misconduct of a faculty or staff respondent and a student complainant.
• Before initiation of an informal resolution process, the University will provide the parties with a Notice of Investigation and Allegation (NOIA) that explains: 
  • The allegations; 
  • The requirements of the informal resolution process;
  • That, prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and to initiate or resume the University’s formal administrative or hearing resolution process; 
  • That the parties’ agreement to a resolution at the conclusion of the informal resolution process will preclude the parties from initiating or resuming a resolution process arising from the same allegations;
  • The potential terms that may be requested or offered in an informal resolution agreement, including notification that an informal resolution agreement is binding only on the parties; and
  • What information the University will maintain, as well as whether and how the University could disclose such information for use in its resolution process.
• The University offers four categories of informal resolution: 
  • Supportive Resolution. When the Title IX coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. See “Supportive Measures” above.
  • Educational Conversation. When the Title IX coordinator can resolve the matter informally by having a conversation with the respondent to discuss the complainant’s concerns and the University’s institutional expectations or can accompany the complainant in their desire to confront the allegations.
  • Accepted Responsibility. When the respondent is willing to accept responsibility for violating policy and is willing to agree to actions that will be enforced similarly to sanctions, and the complainant(s) and the University agree to the resolution terms. If the respondent accepts responsibility for all of the alleged misconduct, any formal resolution process will be paused and the Title IX coordinator will determine whether an informal resolution can be used according to the criteria above or if the case will be referred directly to a Decision-Maker Panel. Corrective disciplinary actions are typically recorded in the respondent’s educational or personnel record as a conduct violation, while resolutions void of disciplinary action are not included in the respondent’s conduct record. The University reserves the right, however, to record any such actions in an educational or personnel record depending on the nature and severity of the conduct involved.
  • Alternative Resolution: When the parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.). Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; counseling; No Contact Orders/proximity separations; community service; supported direct conversation or interaction with the respondent(s); a facilitated accountability plan; indirect action by the Title IX coordinator or other appropriate University officials; and other forms of resolution that can be tailored to the needs of the parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. 

• The formal resolution process is used for all complaints on the basis of sex or gender-based harassment/discrimination or when informal resolution is either not elected or is unsuccessful.
• The formal resolution process consists of a hand-off of the investigation report and all relevant evidence to the Decision-Maker Panel to make a finding and determine sanctions (if applicable). 
• The University’s formal resolution process is triggered upon receipt of a complaint. A formal complaint may be brought by a complainant or signed by the Title IX coordinator.
  • Formal Complaint Brought by complainant—A written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged sex or gender-based harassment/discrimination under Title IX or its regulations. A formal complaint can be filed through the completion of the online Title IX Complaint Form. 
    • The formal complaint must (1) contain a concise statement of the alleged violation; (2) be made by a person who (a) experienced the alleged conduct and (b) who at the time of filing was participating or attempting to participate in the University’s education program or activity when the alleged sex or gender-based harassment/discrimination occurred; (3) be a document that is physically or digitally signed or otherwise indicates that the complainant is the person filing (i.e., signature or stating of name in oral recording); (4) be made against a respondent (as defined above); (5) may request an investigation; and (6) may include the names of any witnesses with relevant information to the allegations.
    • The complainant may be reluctant to identify the respondent; however, this will limit the University’s ability to investigate and respond.
    • The University may consolidate complaints as to allegations of sex or gender-based harassment/discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations arise out of the same facts or circumstances.
  • Complaint Signed by Title IX Coordinator—A written document signed by the Title IX Coordinator, which may occur especially in cases that involve pattern, predation, threats or violence. Complaints initiated by the Title IX Coordinator would be based on the Title IX Coordinator’s determination, that the alleged conduct presents an imminent and serious threat to the health or safety of a complainant or other person, or that the alleged conduct prevents the University from ensuring equal access based on sex to its education program or activity, taking into consideration a variety of factors.
• Initial Evaluation—When a complaint is submitted and received, the Title IX Coordinator will review the complaint to evaluate whether any or all of the allegations therein are subject to dismissal under the dismissal procedures contained in this policy (see below). Upon completion of the evaluation, if one or more allegations are dismissed, both parties will be notified in writing of the dismissal and relevant rationale. See “Step 2: Initial Evaluation” above for more information.
• Notice of Investigation and Allegations (NOIA)—If the complaint is not dismissed, the Title IX Coordinator or appropriate deputy will meet separately with the complainant and the respondent to provide a written Notice of Investigation and Allegations (NOIA) and to review the resolution options. For climate/culture investigations that do not have an identifiable respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated. 
• The NOIA typically includes:
  • A meaningful summary of all allegations
  • The identity of the involved parties (if known)
  • The precise misconduct being alleged
  • The date and location of the alleged incident(s) (if known)
  • The specific policies/offenses implicated
  • A description of, link to, or copy of the Title IX Policy
  • A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
  • The name(s) of the investigator(s), along with a process to identify to the Title IX Coordinator in advance of the interview process any conflict of interest that the investigator(s) may have
  • A statement that the University presumes the respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
  • A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence
  • A statement that retaliation is prohibited
  • Information about the confidentiality of the process, including that the parties and their advisor/support person (if applicable) may not share the University’s work product obtained through the resolution process
  • A statement that the parties may have an advisor/support person of their choice who may accompany them through all steps of the resolution process
  • A statement informing the parties that the University’s policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process
  • Details on how a party may request disability accommodations during the resolution process
  • A link to the University’s Violence Against Women Act (VAWA) Brochure
  • An instruction to preserve any evidence that is relevant to the allegations
• Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the parties as indicated in official University records, or emailed to the parties’ University-issued email or designated accounts. Once mailed, emailed and/or received in person, the notification will be presumptively delivered.
• If, during the course of an investigation, the University decides to investigate allegations about either party that were not included in the NOIA, the Title IX Coordinator or Deputy will provide notice of the additional allegations to the parties.
• Presumption of Nonresponsibility—The respondent will be presumed to be not responsible for the alleged conduct unless and until a finding of responsibility is made at the conclusion of the resolution process.
• Respondent’s Written Response to Complaint—The respondent will be given an opportunity to provide a written response to the allegations in the complaint and to provide the names of any witnesses with relevant information to the allegations.

Dismissal of a Complaint

• The University may dismiss a complaint if, at any time during the investigation or resolution process, one or more of the following grounds are met:
• Mandatory Dismissal
  • A formal complaint may be subject to a mandatory dismissal. After conducting an initial assessment focused on the allegations set forth in a formal complaint, the Title IX coordinator and/or Title IX deputy coordinator is/are required to review and dismiss the formal complaint in the following situations:

1. where the allegation(s), if proven to be true, would not constitute sex or gender-based harassment/discrimination as defined in this policy;
2. if the alleged conduct did not occur in an education program or activity of the University;
3. if the alleged sex or gender-based harassment/discrimination was inflicted upon a person outside the United States.
4. where the complainant was not a participant or attempting to participate in the University’s educational program or activities at the time a formal complaint was filed.

• Discretionary Dismissal
  • A formal complaint may also be subject to a discretionary dismissal. The University may, in its discretion, dismiss a formal complaint or allegations therein in the following situations:

1. if the complainant informs the Title IX coordinator in writing that the complainant desires to withdraw the formal complaint or allegations therein,
2. if the respondent is no longer enrolled in or employed by the University, which means the University no longer has control of the respondent, or
3. if specific circumstances prevent the University from gathering sufficient evidence to reach a determination. Note: If the complainant initiates the Title IX process while a student but later leaves the University before the Title IX process has been completed, the complainant may choose to continue to pursue the Title IX resolution, provided that the respondent is still a current student or employee of the University.

• A complainant who decides to withdraw a complaint may later request to reinstate or refile it.
• Upon any dismissal, the University will promptly send the complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the respondent has been made aware of the allegations, the University will also notify the respondent of the dismissal.
•  Dismissal decisions are appealable by any party. See “appeal process” below.
  • Allegations that are dismissed under Title IX may still be addressed with supportive measures.
  • When a complaint or a specific Title IX allegation is dismissed, the Title IX coordinator may, nevertheless, offer other non-Title IX investigation and resolution processes. The Title IX coordinator may also refer the case directly to the Student Life Conduct Council to be reviewed for inappropriate conduct or a general violation of the Code of Student Conduct and corrective disciplinary action. In cases where the respondent is a faculty, staff or student employee, the case may be referred to Human Resources to be reviewed for inappropriate conduct and a general violation of the University’s Working Policy and corrective disciplinary action. Evidence received as part of the Title IX process may be relied upon in non-Title IX processes.
  • The University may also facilitate an informal resolution process agreed upon by both parties, where both parties are participants in the University’s education programs or activities.

Investigation and Hearing

Notice of Investigation and Allegations

The Title IX Deputy Coordinator will provide written notice of the investigation and allegations (the “NOIA”) to the respondent upon commencement of the administrative or hearing resolution process. Once mailed, emailed and/or received in person, the notification will be presumptively delivered. This facilitates the respondent’s ability to prepare for the interview and to identify and choose an advisor/support person to accompany them. The NOIA may be amended with any additional or dismissed allegations.

Investigation of Complaints

• The respondent will be presumed to be not responsible for the alleged conduct unless and until a finding of responsibility is made at the conclusion of the formal resolution process.
• The assistant vice president of Campus Safety is generally appointed to lead the investigation and is usually assisted by another Title IX Investigator or the appropriate Title IX Deputy Coordinator.
• The Title IX coordinator, in consultation with the associate vice president for Safety & Facilities, typically appoints an investigation team that includes a Campus Safety investigator and the appropriate Title IX deputy coordinator/investigator.
• According to established practices, the investigation is a neutral fact-gathering process and will follow the trail of evidence regarding the alleged sex or gender-based harassment/discrimination.
• The investigator(s) will meet in separate settings with the complainant and the respondent, as well as with other witnesses, to conduct an interview and review texts, emails, communications and other documentary evidence to gather facts.
• Both the complainant and the respondent have the right to the same opportunities to present their account of events, identify witnesses who may have relevant information, and provide other inculpatory and exculpatory evidence.
• Faculty or staff of Andrews University are expected to cooperate with and participate in the University’s Title IX formal resolution process. Student witnesses and witnesses from outside the University’s community cannot be required to participate but are encouraged to cooperate with the investigation.
• Interviews are typically conducted either in person, via online video platforms (e.g., Zoom) or in limited circumstances by telephone. The investigator(s) may ask parties and witnesses to respond to written questions if deemed appropriate.
• It is standard practice for investigators to record all interviews as part of the formal resolution process. The parties may review copies of their own interviews upon request. Parties are not permitted to make any recording of any kind (i.e., audio or video recording).
• Follow-up interviews with the parties and witnesses may be warranted to respond to new information or to allow the inves-tigator(s) to resolve inconsistencies or questions.
• Both parties will be given an equal opportunity to inspect and review any evidence obtained as part of the investigation that is relevant to the allegations raised in the formal complaint.
• Before completing the investigative report, the appropriate Title IX deputy coordinator will send to each party and the party’s ad-visor/support person (if any) such relevant evidence in an electronic format or a hard copy, and the parties will be given at least ten (10) calendar days to submit a written response (the “Evidence Response Period”).
• The Title IX coordinator will take reasonable steps to prevent and address the parties’ and their advisor/support persons’ unauthorized disclosure of information and evidence.
• The investigator(s) will consider both parties’ responses before completing the final investigative summary report.
• Notwithstanding the foregoing provision, the University cannot access, consider, disclose or otherwise use any party’s record that is protected by a legally recognized privilege (e.g., attorney-client, physician-patient, psychologist-patient, clergy-parishioner,etc.) unless that party (or that minor party’s parent) has voluntarily provided written consent to do so.
• After the Evidence Response Period has passed, an investigative summary report describing the relevant evidence will be completed. The investigative summary report does not include any investigator(s) recommendations or conclusions.
• The final investigative summary report, relevant evidence and any written responses from both parties will be provided to the Title IX coordinator, who will review and confirm that the report is complete or deem it necessary to request further fact-gather-ing from the investigator(s).
• If deemed complete, the Title IX coordinator will authorize the final investigative summary report to be sent to both parties and their advisor/support persons in an electronic format. The parties will be given at least ten (10) days before the hearing in which to prepare their written responses (the “Investigative Summary Response Period”).
• While the final investigative summary report seeks to provide a fair and accurate summary of the most relevant testimony from the relevant evidence, the investigative summary report should not be treated by the parties or the Decision-Maker Panel as a substitute for reading and reviewing for themselves the written submissions and interview transcripts. If there are discrepancies between (1) the written submissions and interview transcripts and (2) the final investigative summary report’s content, the Decision-Maker Panel must rely on the written submissions and transcripts in determining the facts.
• If a finding of responsibility is determined, each party will be allowed to present a written impact/mitigation statement. These statements are to be given to the Title IX official, who will present them to the Decision-Maker Panel for consideration atthe sanction stage.
• If the respondent accepts responsibility for the specific allegations, they may prepare a written acceptance of the facts of the allegation for the panel. This would also waive all rights to appeal for the respondent. In such cases where the respondent accepts responsibility, the Title IX coordinator may direct the panel to convene solely to determine appropriate corrective disciplinary action. 

University Hearing

• To resolve formal complaints involving University students or employees, a live hearing to determine responsibility (streamed via Zoom) will be held after the Investigative Summary Response Period has ended. At the University’s discretion, formal complaints involving K–12 students may, but need not, be resolved through a hearing process.
• Prior to the hearing, a Notice of Hearing will be sent to both parties with hearing instructions.
• Participants may include the complainant and complainant’s advisor/support person, the respondent and the respondent’s advi-sor/support person, witnesses (if called), the investigator(s) (if called), the Decision-Maker Panel and the Title IX official designee, who is non-voting and serves to facilitate the hearing process.
• A three-person panel, called the Decision-Maker Panel, will be convened for hearings to serve as the decision-makers in determining the question of responsibility for sex or gender-based harassment/discrimination, as well as determining any corrective action. A fourth person will be assigned to chair the panel and will be non-voting.
• The makeup of the Decision-Maker Panel will vary depending on whether the respondent is a University student or employee.
  • If the respondent is a student, the panel will be selected from the members of the Student Life Conduct Council.
  • If the respondent is a University staff or faculty member, a panel will be selected from a pool of trained faculty, staff or administrators.
  •  The parties will be notified of the makeup and names of the panel members no less than five (5) days prior to the hearing. Any concerns regarding bias or a potential conflict of interest of a Decision-Maker Panel member must be submitted in writing to the Title IX coordinator at least three (3) days prior to the hearing.
• The Decision-Maker Panel will presume the respondent is not responsible for the alleged conduct unless and until a finding of responsibility is made at the conclusion of the formal resolution process.
• The Decision-Maker Panel will be instructed that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the University and not on the parties.
• The panel will objectively review the investigative summary report, all relevant evidence—both inculpatory and exculpatory—developed during the investigation, and the parties’ written responses. Credibility determinations must not be made based on a person’s status as complainant, respondent or witness. Evidence is relevant when it may aid in determining whether the alleged sex or gender-based discrimination/harassment occurred.
• The panel will provide a hearing for the parties before deliberating and making any determination regarding responsibility or corrective disciplinary actions.
• Both the complainant and the respondent will have the same opportunity to participate in the hearing with the panel.
• All parties and witnesses will have the opportunity to appear at the hearing virtually.
• The hearing will be a live hearing. All parties and witnesses will participate in the live hearing virtually, each from separate rooms, using technology that enables them to see and hear one another.
• The live hearing portion of the process will be recorded by the Title IX official. No other recordings will be permitted.
• During the live hearing, both parties will have an equal opportunity to pose cross-examination questions and limited follow-up questions, deemed relevant in advance by the chair, that their advisor/support person may ask the other party or any witness. Such questions must be asked directly, orally and in real time. At no time will a party personally be permitted to ask questionsto the other party or any witness. Except when asking cross-examination or follow-up questions during a live hearing, neither party’s advisor/support person is permitted to speak during a University proceeding.
• If any party plans to appear at the hearing without his or her own advisor/support person, the University will assign (at no cost) a non-attorney advisor/support person of the University’s choice to conduct cross-ex- amination on behalf of such party.
• A party may not dismiss an assigned advisor/support person during the hearing, but if the party correctly asserts that the advisor/support person is refusing to conduct cross examination on the party’s behalf, the University will provide the party an advisor/support person to perform that function, whether that means counseling the assigned advisor/support person to perform the requested role or pausing the hearing to assign a different advisor/support person.
• If a party or witness does not attend or submit to questions at the hearing, the Decision-Maker Panel cannot draw an inference of responsibility or lack of responsibility based solely on a party’s or witness’ absence from the hearing or unwillingness to answer questions.
• The decision-maker(s) may rely on whatever relevant evidence is available through the investigation and hearing to make the ultimate determination of responsibility.

Determination and Outcome

• Determination of Responsibility
• Following the hearing, the Decision-Maker Panel will deliberate in a closed (unrecorded) session using the “preponderance of evidence standard” to determine by majority vote whether “more likely than not” the respondent is responsible or not responsible for committing sex or gender-based harassment/discrimination as outlined in this policy. Note: This is a lesser standard of evidence than the “beyond a reasonable doubt” standard used in the criminal justice system. The “preponderance of evidence standard” will be applied to all Title IX cases, including those involving a respondent who is a University faculty or staff member.
• If and after there has been a determination of responsibility and before imposing corrective disciplinary action, the Panel may consider any impact statement submitted by the complainant and mitigation statement submitted by the respondent.
• Following a determination of responsibility, in deciding the appropriate outcome the Panel may also consider any relevant conduct history provided by the Title IX Coordinator. The Panel may choose to further consult with the Title IX coordinator regarding the range of appropriate disciplinary actions.
• The chair of the Panel, in consultation with the members, will prepare and submit to the Title IX coordinator a written deliberation statement detailing the final determination and rationale.
• A determination by the Panel that the respondent is “not responsible” does not necessarily mean the alleged incident 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 sex or gender-based harassment/discrimination. It may also mean that the conduct was inappropriate and a violation of 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 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. If the respondent is a faculty, staff or student employee, 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” or “Employee Handbook.”
• Once a respondent is found responsible, the Panel’s imposed response may be disciplinary, punitive and burdensome to the respondent.

Corrective Disciplinary Action and Outcome

• In instances where sex or gender-based harassment/discrimination 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 harassment/discrimination, prevent its recurrence and remedy its effects. Third parties who engage in sex or gender-based harassment/discrimination may have their relationship with the University terminated and/or their privileges of being on University premises withdrawn.
• Any student, faculty or staff member who is found responsible for sex or gender-based harassment/discrimination defined in this policy will be subject to a range of corrective 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 Decision-Maker Panel reserves the right to determine what type of disciplinary response is appropriate for the level of sex or gender-based harassment/discrimination as well as to broaden or lessen the responses relative to the nature of the behavior. Mitigating or aggravating circumstances, if they exist, may also be considered.

Sanction Ranges:

• The following misconduct has a sanction range of warning through dismissal/termination:
  • Sex Discrimination
  • Quid Pro Quo Harassment
  • Hostile Environment Harassment
• Retaliation
• The following misconduct has a sanction range of probation through suspension/termination:
  • Stalking
  • Dating/Domestic Violence
• The following misconduct has a sanction range of suspension through dismissal/termination:
  • Rape
  • Sexual Assault with an Object
  • Sodomy
  • Incest
  • Statutory Rape
• Sanctions can be assigned outside of these ranges based on aggravating or mitigating circumstances or the respondent’s cumulative conduct record.
• The Title IX Coordinator will work with the chair of the Panel to prepare a written outcome letter for both parties that includes: allegation(s), procedural steps taken, determination of responsibility, rationale supporting the determination, corrective disciplinary actions and appeal processes.
• The outcome letter will be provided to both parties as simultaneously as possible. 
• If a request for an appeal is filed, the determination of responsibility and any corrective disciplinary actions will become final on the date the results of the appeal are sent to the parties. If no appeal is filed, the determination of responsibility will become final the day after the deadline for filing an appeal.

Appeal Process

Both the complainant and the respondent have the same right to appeal from a determination regarding responsibility and from the dismissal of a complaint or any allegations therein on the grounds below. The limited bases to activate an appeal process are one or more of the following:

• Procedural Irregularity: The original processes had a procedural irregularity that would change the outcome of the matter.
• New Evidence: New and relevant evidence that (a) was not reasonably available at the time the determination regarding responsibility or dismissal was made and (b) would change the outcome of the matter. A summary of such new information should be included in the request.
• Conflict of Interest: The Title IX coordinator, investigators or decision-makers had a conflict of interest or bias that would change the outcome of the matter.

A formal request for an appeal should be directed to the Title IX coordinator within three (3) business days of receiving written notice of the decision. The appeal must contain a concise written statement outlining the grounds for the appeal as described above. The Title IX Officer will provide a copy of the written appeal to the other party. Both parties will be given a reasonable and equal opportunity to submit a written statement in support of, or challenging, the outcome. 

The appeal will generally be directed to a new Conduct Appeals Panel of three members. At the conclusion of the response period, the Title IX Coordinator will forward the appeal, as well as any response provided by the other parties, to the Conduct Appeals Panel for consideration. An additional non-voting person will be appointed to chair the Panel. The Conduct Appeals Panel will be selected from a trained pool of panel members.

Given that, in most cases, the complainant 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 the review of a written appeal or other relevant documents in the context of the stated grounds.

The chair of the Appeals Panel will issue a written determination and rationale regarding whether the appeals process will be granted or denied, as simultaneously as possible to both parties.

If grounds for an appeal are granted, the case will be returned for further proceedings to the original Decision-Maker Panel; provided, however, that there has been a finding of bias on the part of an original member of the Panel, the case will be given to a newly constituted Decision-Maker Panel. The Decision-Maker Panel will have seven (7) business days to review and decide on the appeal, though extensions may be granted at the discretion of the administrator. Following the granting of the appeal process, the original or new Decision-Maker Panel can uphold the original decision, alter the original decision, and/or alter the Panel’s response or disciplinary action.

The decision of the Appeals Panel will be final; however, in cases involving a faculty, staff, or student’s permanent dismissal from the University, both the complainant and the respondent will have an equal opportunity to request an additional review with the Office of the President.

Duration of University Processes

• If a criminal complaint has been lodged with local law enforcement by the complainant, 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 supportive and protective measures.
• The informal resolution process is typically completed in 20–30 days.
• A typical administrative or hearing resolution process, which includes an investigation, hearing and outcome from the University, may take approximately 60–90 business days after the Title IX coordinator has received a written complaint. 
• The timeframe for resolving an appeal is typically an additional 30 days.
• In some cases, the timeframe may be delayed and extended for good cause. Both parties will be notified about any delays or extensions and the reasons. Good cause may include, but is not limited to, accounting for University breaks, summer schedules, concurrent law enforcement activity, the need for language assistance or disability accommodation, the need to troubleshoot technology issues, or to accommodate the availability of participants or witnesses.
• If a party or witness chooses not to participate in the resolution process or becomes unresponsive, the University reserves the right to continue the process without their participation to ensure a prompt resolution. Unresponsive parties may choose to participate again in the resolution process at any time.

Withdrawal or Resignation While Charges are Pending 

• Students: If a student charged with a Title IX violation voluntarily withdraws from the University, the University may place a registration hold to require that student to resolve the Title IX violation before re-enrolling. 
• Employees: Should an employee resign with unresolved Title IX allegations pending, the records of the HR/Title IX Coordinator will reflect that status, and any University responses to future employment inquiries for that individual may include the former employee’s unresolved status.

Policy Revision and Effectiveness

These policies and procedures will be reviewed and updated periodically by the Title IX Coordinator. The University and the Title IX Coordinator reserve the right to make changes to this document as necessary, and once those changes are posted online, they will be in effect.

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, if government laws or regulations change or court decisions alter the requirements, this document will be construed to comply with the most recent government laws, regulations or court holdings.

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

This policy is effective August 1, 2024.

Parent, Family and Pregnancy Framework

Return to: Student Handbook 2025-2026 

Introduction  

Andrews University’s Parent, Family and Pregnancy Framework reflects the values of the Seventh-day Adventist Church within an educational context. This official church statement (2019) from Adventist Family Ministries affirms the sanctity of life (including unborn life) and acknowledges procreation as a sacred gift.

Human beings are created in the image of God. Part of the gift that God has given us as humans is procreation, the ability to participate in creation along with the Author of life. This sacred gift should always be valued and treasured. In God’s original plan, every pregnancy should be the result of the expression of love between a man and a woman committed to each other in marriage.

Students who engage in sexual activity outside of marriage are generally held accountable to established consequences for failing to uphold the Code of Student Conduct. These consequences include providing students with restorative measures, continuation of academic studies and a course completion plan.

University Care and Response

Ideally, “a pregnancy should be wanted, and each baby should be loved, valued, and nurtured even before birth.” In reality, it acknowledges that “individuals are at times faced with difficult dilemmas and decisions regarding pregnancy.” Whether a pregnancy is planned or unplanned, the University is prepared to come alongside students navigating their new cir- cumstances. The University also offers campus support resources, including chaplains (Center for Faith Engagement), counselors (Counseling & Testing Center), deans (Residence & Student Life), accommodation requests (Student Success Center) and referrals to off-campus health care providers. The University supports pregnant and parenting students in providing a degree completion plan that is as uninterrupted as possible. When students face the life-changing impact of an unplanned pregnancy, particularly outside of marriage, the University seeks to remove any actual or perceived barrier to providing support and care. Regardless of the circumstances, students are encouraged to seek assistance from the University. As the Adventist church guidelines (2019) encourage, the University seeks to provide care and support to those facing complex decisions about a pregnancy. It aims to offer an environment conducive to pregnant or parenting students’ full participation in campus and academic life. It is also committed to providing a grace-filled atmosphere and “emotional and spiritual support to those who have aborted a child for various reasons … and may be hurting physically, emotionally, and/or spiritually.”

Housing Accommodations 

Students who become pregnant while living in residence halls may explore various housing options and timeframes with the Student Life office. Students may remain in the residence halls until the birth of the child. By the third trimester, however, the University recommends making arrangements to move to family housing, on-campus or off-campus, to prepare for the child’s arrival and subsequent housing needs. While some expectant parents may voluntarily choose to take a temporary study leave from the University, students who continue classes during pregnancy and new parenthood are welcomed and supported.

University Commitment to Access Programs and Activities

Andrews University is committed to providing pregnant and parenting students access to the same programs and activities as the rest of the University community. This commitment is specified in the policy below and includes providing reasonable accommodations and adjustments unless they would fundamentally alter the nature of the program or activity. For more information, students may request a consultation with the Student Life office. Concerns regarding potential discrimination surrounding pregnancy and parental status may be reported to the Title IX coordinator.

Title IX Policy Scope

The University does not unlawfully discriminate in its education program or activity against any student based on the student’s current, potential or past pregnancy or related conditions. However, the University does not engage in prohibited discrimination when it allows a student, based on pregnancy or related conditions, to voluntarily participate in a separate portion of its education program or activity, provided the University ensures that the separate portion is comparable to that offered to students who are not pregnant and do not have related conditions. The University will allow the student to voluntarily access any separate and comparable portion of the University’s education program or activity. 

Under Title IX, pregnancy or related conditions is defined as: 

1. Pregnancy, childbirth, termination of pregnancy or lactation; 
2. Medical conditions related to pregnancy, childbirth, termination of pregnancy or lactation; 
3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation or related medical conditions. 

Triggering a University Title IX Response to Pregnancy

Employees should share the Title IX coordinator’s contact information with students seeking reasonable modifications for equal access to educational programs or activities due to pregnancy or a related condition.

Specific Actions to Prevent Discrimination and Ensure Equal Access

The University, through the Title IX coordinator, will take specific actions to promptly and effectively prevent sex discrimination and ensure equal access to the University’s education program or activity once the student, or a person who has a legal right to act on behalf of the student, notifies the Title IX coordinator of the student’s pregnancy or related conditions.

University Protocols

Once a student or the student’s representative notifies the Title IX Coordinator, the Title IX Coordinator will: 

1. Provide information about the University’s obligations and provide the University’s notice of nondiscrimination.
2. Make reasonable modifications.
   1.  The University will make reasonable modifications to its policies, practices or procedures as necessary to prevent sex discrimination and ensure equal access to its education program or activity. Each reasonable modification will be          based on the student’s individualized needs. In determining what reasonable modifications are required, the University will consult with the student. 
   2. A modification that the University can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable modification.
   3. Examples of reasonable modifications may include, but are not limited to, breaks during class to express breast milk, breastfeed or attend to health needs associated with pregnancy or related conditions, including eating, drinking or        using the restroom; intermittent absences to attend medical appointments; access to online or homebound education; changes in schedule or course sequence extensions of time for coursework and rescheduling of tests and                  examinations; allowing a student to sit or stand, or carry or keep water nearby; counseling; changes in physical space or supplies (for example, access to a larger desk or a footrest); elevator access; or other changes to policies, practices or procedures.

The student has discretion to accept or decline each reasonable modification offered by the University. If a student accepts the University’s offered reasonable modification, the University will implement it. 

If a student declines an offered reasonable modification that is based on the student’s individualized needs and that would prevent sex discrimination and ensure equal access, the University is not required to determine whether there are other reasonable modifications based on that specific need, even if there are other reasonable modifications that could be offered. The University will, however, be responsible to offer and make reasonable modifications if any new or additional needs arise.

Leave of Absence

The University will allow the student to voluntarily take a leave of absence from the University’s education program or activity to cover, at minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. To the extent that a student qualifies for leave under a leave policy maintained by the University that allows a greater period of time than the medically necessary period, the University will permit the student to take voluntary leave under it instead if the student so chooses. When the student returns to the University’s education program or activity, the student will be reinstated to the academic status and to the extracurricular status that the student held when the voluntary leave began, if administratively possible or practicable under the circumstances.

Lactation Spaces

The University will ensure that the student can access a lactation space. 

Limitations on Requiring Supporting Documentation

The University will not require supporting documentation of a student’s needs related to pregnancy or related conditions, unless the documentation is necessary and reasonable for the University to determine the reasonable modifications to make or whether to take additional specific actions. Examples of situations wherein requiring supporting documentation is not necessary and reasonable include, but are not limited to, when the student’s need for a specific action is obvious.

The University will not require a student who is pregnant or has related conditions to provide certification from a healthcare provider, or any other person, that the student is physically able to participate in the University’s class, program or extracurricular activity unless: (i) the certified level of physical ability or health is necessary for participation in the class, program or extracurricular activity; (ii) the University requires such certification of all students participating in the class, program or extracurricular activity; and (iii) the information obtained is not used as a basis for discrimination.

The University will treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions with respect to any medical or hospital benefit, service, plan or policy the University administers, operates, offers or participates in.

Application to Admissions

In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, the University (1) will treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions; and (2) will not: (i) adopt or implement any policy, practice or procedure concerning the current, potential, or past parental, family, or marital status of a student or applicant that treats persons differently on the basis of sex; (ii) legally discriminate against any person on the basis of current, potential, or past pregnancy or related conditions, or adopt or implement any policy, practice or procedure that so discriminates; and (iii) make a pre-admission inquiry as to the marital status of an applicant for admission, including whether such applicant is “Miss or Mrs.” The University may ask an applicant to self-identify their sex, but only if this question is asked of all applicants and if the response is not used as a basis for unlawful discrimination prohibited by this framework.

Application to Employees

As a religious institution, the University retains its constitutional and statutory rights to make employment decisions in a manner that is consistent with the University’s Working Policy, Employee Handbook and with the tenets of the Seventh-day Adventist Church. Such rights are conferred upon religious institutions by various laws.

The University further claims the right to disregard the provisions of Title IX insofar as they conflict with the teachings and practices of the Seventh-day Adventist Church.

Scope: General

1. The University does not, on the basis of birth sex, unlawfully exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination in employment, or recruitment, consideration, or selection therefore, whether full-time or part-time, under any education program or activity operated by the University.

2. The University makes all employment decisions in any education program or activity it operates in a lawful manner and does not unlawfully discriminate, limit, segregate, or classify applicants or employees in any way which could adversely affect any applicant’s or employee’s employment opportunities or status because of sex.

3. The University does not enter into any contractual or other relationship with third-parties which directly or indirectly has the effect of subjecting University employees or students to unlawful discrimination.

4. The University does not grant preferences to applicants for employment on the basis of attendance at any educational institution or entity which admits as students only or predominantly members of one sex, if the giving of such preferences has the effect of unlawfully discriminating on the basis of birth sex.

Provision 1–4 above apply to granting and returning from leaves of absence, leave for pregnancy or related conditions, leave for persons of either sex to care for children or dependents, or any other leave.

Pre-Employment Inquiries 

• Regarding Marital Status:  The University will not make a preemployment inquiry as to the marital status of an applicant for employment, including whether such applicant is “Miss or Mrs.”
• Regarding Sex/Gender: The University may ask an applicant for employment to self-identify their sex, but only if this question is asked of all applicants and if the response is not used as a basis for unlawful discrimination under Title IX.

Parental, Family or Marital Status & Pregnancy or Related Conditions Generally

The University will not adopt or implement any unlawful policy, practice or procedure, or take any employment action, on the basis of birth sex: 

1. Concerning the current, potential, or past parental, family, or marital status of an employee or applicant for employment, which treats persons differently based on sex; or 
2. That is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee’s or applicant’s family unit.

Employment Discrimination Related to Pregnancy or Related Conditions 

The University will not unlawfully discriminate against any employee or applicant for employment on the basis of current, potential or past pregnancy or related conditions.

Sex Stereotypes and Pregnancy

The University will not unlawfully discriminate against any employee or applicant on the basis of sex stereotypes, which may include discrimination based on others’ expectations regarding a person’s pregnancy or related conditions andassumptions about limitations that may result.

Comparable Treatment to Other Temporary Medical Conditions

The University will treat pregnancy or related conditions as any other temporary medical conditions for all job-related purposes, including commencement, duration and extensions of leave; payment of disability income; accrual of seniority and any other benefit or service; reinstatement; and any fringe benefit offered to employees by virtue of employment.

Voluntary Leaves of Absence 

In the case of the University not maintaining a leave policy for its employees, or in the case of an employee with insufficient leave or accrued employment time to qualify for leave under such a policy, the University will treat pregnancy or related conditions as a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation, loss of promotional opportunities, or any other right or privilege of employment. 

Lactation Time and Space 

The University will provide reasonable break time for an employee to express breast milk or breastfeed as needed. The University will ensure that an employee can access a lactation space, which must be a space other than a bathroom that is clean, shielded from view, free from intrusion from others, and may be used by an employee for expressing breast milk or breastfeeding as needed.

A Framework for Relating to Sexuality and Gender on the Campus of Andrews University