Definitions

Complaint

A complaint is an oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged harassment/discrimination under Title IX or its regulations. A complaint can be filed through the completion of the online Title IX Complaint Form or through an oral recording (i.e., Zoom) submitted to the Title IX office. 

The following people have a right to make a complaint of sex or gender-based harassment/discrimination, requesting that the University investigate and make a determination about alleged harassment under Title IX:  

1. A "complainant;" 
2. A parent, guardian or other authorized legal representative with the legal right to act on behalf of a complainant;  
3. Andrews University's Title IX Coordinator; and
4. With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

Complainant

Complainant means: 

(1) A student or employee who is alleged to have been subjected to conduct that could constitute sex or gender-based harassment/discrimination under Title IX or its regulations or 
(2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex or gender-based harassment/discrimination under Title IX or its regulations and who was participating or attempting to participate in the University's education program or activity at the time of the alleged sex or gender-based harassment/discrimination (i.e., former students or employees, applicants, prospective students, guest speakers, volunteers, etc.). A complainant does not have to be a member of the University community (i.e., a visitor) to file a complaint. They can include members of the public who "are either taking part or trying to take part of the University's educational program or activity" when they attend events such as campus tours, sporting events, and lectures, as long as the alleged discrimination relates to the individual's participation or attempted participation in such program or activity.

Note that anyone who shares a report about alleged sex or gender-based harassment/discrimination impacting another person is considered a third-party reporter—not a complainant.

Respondent

A respondent is a current member of the University Community who is alleged to have violated the University's prohibition on sex or gender-based harassment/discrimination and for whom the University has substantial judicial control. 

University Community

The University community includes students, student employees, faculty, staff, appointees, volunteers, suppliers/contractors and visitors who were participating or attempting to participate in the University's education program or activity at the time of the alleged sex discrimination.

Student

For Title IX processes, a student is an individual to whom an offer of admission has been extended, who has paid an acceptance fee, registered for credit or non-credit-bearing classes, or has otherwise entered into another agreement with the University to take instruction. Student status lasts until an individual graduates, is permanently dismissed or is not registered for two consecutive terms. This definition does not alter the Title IX jurisdictional requirements.

Decision-Maker Panel

A Decision-Maker Panel is composed of three members and an appointed chairperson who review the case, provide a hearing, make a determination of responsibility, and determine any corrective disciplinary actions that take place as part of the administrative or hearing resolution process.

Effective Consent

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

• Effective consent is informed, voluntary, and freely and actively given by word or action to engage in sexually related activity.
• Effective consent cannot be obtained from threat, force, threat of force, intimidation, coercion or incapacitation.
• Effective consent cannot be given by minors, mentally disabled individuals, or individuals who are mentally or physically incapacitated (such as by alcohol or drug use, etc.)—see "incapacitation" definition below.
• Consent can be communicated by words or can be manifested through action.
• Consent must be mutually understandable.
• Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
• Consent at one time does not imply consent at another time. A current or previous intimate relationship is not sufficient to constitute consent.
• Silence, passivity or the absence of resistance alone is not consent. While resistance is not required or necessary, it is a clear demonstration of non-consent. 
• Consent can be withdrawn at any time as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, sexual activity should cease within a reasonably immediate time.
• The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar or previous patterns.

Force

Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that is intended to overcome resistance or to produce consent (e.g., "Have sex with me, or I'll hit you," "Okay, don't hit me, I'll do what you want."). Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced.  

Coercion

Coercion is the use of unreasonable pressure (without physical force) to gain sexual access. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation and duration of the pressure involved.

Incapacitation

When incapacitated, an individual lacks the physical and/or mental ability to make informed, rational judgments (e.g., to understand the "who, what, when, where, why or how" of their sexual interactions) and thus cannot give effective consent to sexual activity. 

• Incapacitation may be temporary or permanent and can 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 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 of the respondent is likely a violation of this policy.

Reminders and Resources ⇒