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Reporting Duties

Initiating a Report

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 complaint (see below).

The University encourages individuals to report any violations of this policy to the Title IX Coordinator. 

Reports are what give the University the opportunity to begin an initial evaluation process; however, a report does not yet trigger the University's Title IX grievance procedures. It is at the time a complaint is submitted to the Title IX office by the complainant that the grievance process is triggered.

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 the Title IX Coordinator.

Time Limits on Reporting

There is no time limitation for providing reports/complaints to the Title IX Coordinator. However, if the respondent is no longer subject to the University's jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

Employees Duty to Report

The University is deemed to have knowledge of sex-based discrimination in its education program or activity and an obligation to respond promptly and effectively when a non-confidential employee has information about conduct that reasonably may constitute sex discrimination.

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 addition, all mandatory reporters must report to the Title IX office if a student confirms they are pregnant. In so doing, the Title IX office can coordinate reasonable accommodations to prevent discrimination and ensure equal access for pregnancy and related conditions. complainants may want to carefully consider whether they share personally identifiable details with mandated reporters, as those details must be shared with the Title IX Coordinator.

Except for the designated confidential employees 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-based harassment.

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.

Failure of a mandated reporter, as described above in this section, to report an incident of discrimination, harassment or retaliation of which they become aware is a violation of University policy and can be subject to disciplinary action for failure to comply/failure to report.

Designated Title IX University Officials

Collectively, these individuals are responsible for providing comprehensive Title IX education and training; coordinating the University's timely, thorough, and fair response, investigation, and resolution of all alleged prohibited conduct under this policy; and monitoring the effectiveness of this policy and related procedures to ensure an education and employment environment free from discrimination, harassment and retaliation. 

Title IX Compliance Official Team
Title IX Coordinator, Alyssa Palmer,
assistant vice president for Campus & Student Life (269-471-2679), alyssap@andrews.edu, Campus Center, Student Life
Title IX Deputy Coordinator, Ethan Jones
Title IX Lead Investigator, Benjamin Panigot
Title IX Deputy Coordinator/Investigator, Patricia Fitting

Reports or inquiries regarding Sexual Harassment (which include sexual assault, quid pro quo harassment, hostile environment harassment, relationship violence, stalking and sexual exploitation) should be made or in-person to the Title IX Coordinator or to one or more of the designated University officials in the chart below:

Reporter Reporting Should Report To-
Student, faculty or staff Alleged by a student toward another student Title IX Coordinator, Alyssa Palmer, assistant vice president for Campus & Student Life, 269-471-6684, alyssap@andrews.edu, Campus Center, Student Life
Student, faculty or staff Alleged by a student toward a faculty or staff member Title IX Coordinator, Alyssa Palmer, assistant vice president for Campus & Student Life, 269-471-6684, alyssap@andrews.edu, Campus Center, Student Life
Student, faculty or staff Alleged by a faculty or staff member toward a student Title IX Coordinator, Alyssa Palmer, assistant vice president for Campus & Student Life, 269-471-6684, alyssap@andrews.edu, Campus Center, Student Life or Title IX Deputy Coordinator, Ethan Jones, 269-471-6515, ethanj@andrews.edu, Administration Building
Student, faculty or staff Alleged by a faculty or staff toward another faculty or staff Title IX Deputy Coordinator, Ethan Jones, 269-471-6515, ethanj@andrews.edu, Administration Building
Student, faculty or staff Alleged by a student, faculty or staff toward a student, faculty or staff Title IX Investigator, Ben Panigot, assistant vice president for Campus Safety, 269-471-3321, panigot@andrews.edu, Office of Campus Safety

Title IX Coordinator Requirements

The Title IX Coordinator, when notified of conduct that reasonably may constitute sex discrimination under Title IX will take the following actions to promptly and effectively end any sex discrimination in an education program or activity, prevent its recurrence, and remedy its effects: 

(i) Treat the complainant and respondent equitably; 

(ii) Offer and coordinate supportive measures as appropriate, for the complainant. In addition, if the University has initiated grievance procedures or offered an informal resolution process to the respondent, offer and coordinate supportive measures as appropriate, for the respondent;

iii) (A) Notify the complainant or, if the complainant is unknown, the individual who reported the conduct, of the grievance procedures and the informal resolution process, if available and appropriate; and (B) if a complaint is made, notify the respondent of the grievance procedures and the informal resolution process, if available and appropriate; and

 iv) In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, determine whether to initiate a complaint of sex discrimination. 

(A) To make this fact-specific determination, the Title IX Coordinator must consider, at a minimum, the following factors: 
(1) The complainant's request not to proceed with initiation of a complaint; 
(2) The complainant's reasonable safety concerns regarding initiation of a complaint; 
(3) The risk that additional acts of sex discrimination would occur if a complaint is not initiated; 
(4) The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence; 
(5) The age and relationship of the parties, including whether the respondent is an employee of the University; 
(6) The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination or sex discrimination alleged to have impacted multiple individuals; 
(7) The availability of evidence to assist a decisionmaker in determining whether sex discrimination occurred; and 
(8) Whether the University could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.
(B) If, after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other person, or that the conduct as alleged prevents the University from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate a complaint.

Amnesty, Bystander Engagement and Good Faith Reports

The welfare of every member of our community is of paramount importance. The University wants to facilitate a safe and caring campus climate for all good faith reports of sex or gender-based harassment/discrimination. The University believes that bystanders can play a key role in the prevention of sex or gender-based harassment/discrimination. Thus, the University encourages community members to take responsibility by reporting allegations and participating in University processes.

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. 

False Report and Evidence

The University also prohibits members of the community from knowingly filing a false report or providing false evidence of sex or gender-based harassment/discrimination. However, a report made in good faith is not considered false merely because insufficient evidence supports the allegation. Witnesses and parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to corrective disciplinary action. Complainants may also be held personally responsible for any intentional false communication that is defined by the courts as defamatory, provided the respondent pursues legal action.

Barriers to Reporting

The University will require its Title IX Coordinator to: (1) Monitor the University's education program or activity for barriers to reporting information about conduct that reasonably may constitute sex discrimination under Title IX or this part; and (2) Take steps reasonably calculated to address such barriers (i.e., trainings, frequent and prominent publication of Title IX information, a visible/accessible Title IX office, user-friendly Title IX materials, etc.).

Grievance Procedures for Complaints of Sex or Gender-based Harassment/Discrimination ⇒