Title IX (Sexual Harassment) Policy and Resources
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.
Title IX prohibits discrimination on the basis of sex (gender) in educational programs and activities that receive federal assistance. As a religious 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.
Introduction
Sexual Harassment under Title IX arises from conduct of a sexual or gender-based nature. Andrews University is committed to maintaining a respectful learning and living environment that is free from such Sexual Harassment. Sexual Harassment in any form against any person, regardless of gender identity or sexual orientation, is inconsistent with this commitment, strictly prohibited and intolerable in the Andrews community. All members of the Andrews University community share a responsibility for upholding this policy.
Any student who is found responsible for committing Sexual Harassment is in violation of the Code of Student Conduct. Any faculty or staff who is found responsible for committing Sexual Harassment is in violation of the University’s “Working Policy” and “Employee Handbook,” as applicable.
This policy complies with Andrews University’s responsibilities regarding Title IX and the Violence Against Women Reauthorization Act of 2013: Sec 304. Title IX of the Educational Amendments of 1972 prohibits discrimination from educational programs and activities on the basis of sex (gender) in educational programs and activities that receive federal assistance. The Violence Against Women Reauthorization Act (VAWA) expects that universities have procedures in place to respond to matters of Sexual Harassment, relationship violence, and stalking.
Please note: A PDF of the full Policy is available here. Otherwise, continue to click through the links provided to view individual sections of the Policy.
