Access to Services for Persons with Limited Proficiency in English
It is the policy of Anderson University to provide services to all who enroll or work for the institution, and also to the general public. The University acknowledges that due to the diverse nature of the populations it serves, on occasion individuals who lack proficiency in English may seek access to services provided by the institution. Such individuals may include applicants for admission; family members seeking advice and information regarding potential, ongoing and former enrollment; and students and families seeking information and services regarding financial aid and student accounts including billing statements.
The University will assist individuals who lack basic proficiency in English and who need special language assistance in order to conduct transactions. University staff or faculty members who are contacted by individuals lacking English proficiency will notify the Office of Human Resources of the need for translation services. When possible a member of the University’s faculty or staff will assist in providing translation services. Otherwise the Office of Human Resources will seek external assistance from individuals who have fluency in the language understood by the individuals who lack basic proficiency in English. All translation services will be provided in as prompt and timely a time frame as feasible.
Alcohol and Drugs Standards of Conduct Policy
Anderson University is committed to maintaining a safe, healthy, lawful, and productive study and work environment for all employees and students.
Students enrolled in the undergraduate traditional programs of the University are required to refrain from the possession and/or use of alcohol during the academic year or while participating in University sponsored activities regardless of the time of year.
The University further prohibits all students from being under the influence of alcohol and/or illegal drugs on University property or as part of any University activities, and students are prohibited from using illegal drugs, whether on or off campus, in compliance with state and federal law.
The possession, use, or distribution of illicit drugs by students on University property or as part of any University activities is prohibited. Use or distribution of prescription drugs without a prescription is also prohibited.
Any student who hosts events off-campus where alcohol and/or illegal drugs are present or who permits such an event to be hosted at their residence, and any student who violates South Carolina law that prohibits providing alcohol to one under the age of 21, shall be subject to discipline. The University will impose disciplinary sanctions on students who violate this policy up to and including expulsion and referral for prosecution by law enforcement authorities. A disciplinary sanction may include the completion of an appropriate rehabilitation program.
Information on Use/Abuse of Alcohol, Tobacco, and Controlled Substances
Effects of Alcohol
Surveys of university students indicate that the drug of choice is alcohol. Student problems associated with alcohol use are many and have an adverse effect on the educational process.
These problems include physical injuries, loss of personal relationships, unwanted/regretted sex, vandalism, poor grades, alcoholism and disciplinary problems.
Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse.
Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.
Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics. (Taken from: Federal Register. Vol. 55, No. 159. Thursday, August 16, 1990: Rules and Regulations.)
Effects of Tobacco Products
Tobacco products are harmful to individuals when smoked, inhaled or used orally. Tobacco contains over 4,000 different gases, particles and compounds including tar, nicotine, and carbon monoxide. Tobacco smoke “tar” is composed of several thousand chemicals that can damage lung tissue and cause several diseases.
Nicotine is found only in tobacco. It acts as a mild stimulant to the central nervous system and is what causes the addiction to tobacco products. Carbon monoxide, which makes up about 4 percent of tobacco smoke, impairs the oxygen-carrying capacity of the blood to the body’s tissues, literally driving the oxygen out of the red blood cells. At the same time nicotine is causing the heart to work harder, it is depriving the heart of the extra oxygen it needs. Carbon monoxide also promotes cholesterol deposits in arteries, impairs vision and judgment, and reduces attentiveness to sound.
Smoking is the single largest preventable cause of premature death and disability in the United States and is related to 480,000 deaths each year. Statistics indicate that smokers die younger than nonsmokers. Smoking is one of the major risk factors in heart attacks. The use of tobacco has been implicated in cancers of the mouth, larynx, pharynx, esophagus, pancreas, cervix, uterus and bladder. Smoking accounts for approximately 30 percent of all cancer deaths, as a major cause of heart disease, and is linked to colds, gastric ulcers, chronic bronchitis, and emphysema. The American Cancer Society estimates that smoking cigarettes accounts for 87 percent of lung cancer cases among males and 70 percent among females. The effects of other drugs on the body are discussed on the chart on the following pages.
Information about the South Carolina Law
Regarding Alcohol
Underage Purchase/Possession Of Alcohol (63-19-2440)
It is unlawful to purchase or possess beer, wine or liquor if you are under the age of 21. Penalty: A fine of not less than $100 nor more than $200 or imprisonment for not more than 30 days.
Altered Identification or False Information With Intent To Purchase Alcohol (63-19-2450)
It is unlawful to LIE or GIVE false information concerning age in order to purchase beer, wine or liquor.
It is unlawful to POSSESS an altered or invalid driver’s license.
It is unlawful to ALTER a driver’s license
It is unlawful to SELL or issue a false driver’s license
It is unlawful to LEND or use someone else’s driver’s license. (Applies to the lender)
It is unlawful to USE someone else’s driver’s license. (Applies to the user)
Penalty: The unlawful use of altered and/or providing false information ranges from $100 up to $2500 and/or 30 days in jail up to 6 months in jail. Alcohol violations also have the potential of suspending an individual’s driver’s license as well as requiring specialized insurance policies.
Note: The above criminal charges can be issued independently of one another. As a result, multiple charges can be made against the individual using and/or the individual providing false information.
Selling, Giving or Providing Alcohol To Minors (61-4-50)
It is unlawful to GIVE beer, wine or liquor to anyone who is under the age of 21. Penalty: A fine of not more than $200 or imprisonment for not more than 30 days.
It is unlawful to SELL beer, wine or liquor to anyone who is under the age of 21. Penalty: A fine of not less than $5000, imprisonment for not more than 5 years, or both.
Open Container Laws (61-4-110)
It is unlawful to have an open container of beer, wine or liquor in a moving vehicle of any kind, except the trunk or luggage compartment. Penalty: A fine of not more than $100 or imprisonment for not more than 30 days.
It is unlawful to have an open container of liquor ANYWHERE except in a private residence, hotel or motel room, licensed mini-bottle establishment, the luggage compartment of a vehicle or a legally constituted private gathering. Penalty: A fine of not more than $100 or imprisonment for not more than 30 days.
Public Disorderly Conduct (16-17-530)
It is unlawful for person to be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner, (b) use obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church or (c) while under the influence or feigning to be under the influence of intoxicating liquor. Penalty: A fine of not more than $100 or imprisonment for not more than 30 days.
Driving Under The Influence (56-5-2930)
It is unlawful for a person to drive under the influence (DUI) of alcohol or other drugs, with a blood alcohol content (BAC) level of 0.08% or more. It is unlawful for anyone under the age of 21, to drive a vehicle with a 0.02% blood alcohol content (BAC).
First offense: a fine of $400 or imprisonment for not less than 48 hours nor more than 30 days; driver’s license is suspended for 6 months.
Second offense: a fine of not less than $2100 nor more than $5100 and imprisonment for not less than 120 hours nor more than 1 year; driver’s license suspended for 1 year.
Third offense: a fine of not less than $3800 nor more than $6300 and imprisonment for not less than 60 days nor more than 3 years; driver’s license is suspended for 2 years.
Note: At the judge’s discretion, an ignition interlock device, which attaches to your vehicle’s ignition system to test your BAC before you start the car may be required.
Note: An individual’s driver’s license is often suspended for alcohol violations, especially for a DUI. Furthermore, an individual’s driver’s license is suspended for 6 months if they refuse a breathalyzer test, this is known as implied consent. (56-5-2950)
Felony DUI (56-5-2933) (56-5-2940)
It is unlawful for a person to drive a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired. If you are convicted of causing great bodily injury or death while driving under the influence (felony DUI), you face:
A mandatory fine of $5,100 to $10,100 ($21,119.50 with assessments and surcharges) and imprisonment from 30 days to 15 years when great bodily injury occurs.
A mandatory fine of $10,100 to $25,100 ($52,244.50 with assessments and surcharges) and imprisonment from one to 25 years when death occurs.
Tobacco-Free Campus
Anderson University is a tobacco-free campus, meaning that all tobacco products as well as smokeless electronic cigarettes and other similar devices are not to be used on University property. The use of tobacco and related products is also prohibited at Anderson University sponsored off-campus events.
Students are responsible for their own behavior and that of their guests and are expected to comply with the University policy regarding smoking and tobacco use. Because the campus is located in a residential area in which Anderson University seeks to be a good neighbor, use of tobacco and related products is also prohibited on private properties and public areas adjacent to the campus. Non-compliance with this policy may result in disciplinary actions.
Information on Use/Abuse Controlled Substances
A partial list of South Carolina controlled substance laws follows:
Simple Possession Of Marijuana (44-53-370(d)(4))
It is unlawful for a person to be in possession of 1 ounce or less of marijuana.
First offense: not more than 30 days or not less than $100 nor more than $200.
Second and subsequent offenses: not more than 1 year and/or $200 to $1000
Possession Of Amphetamines or Cocaine Base (44-53-375A)
It is unlawful for a person to be in possession of amphetamines or cocaine
First offense: fine of not more than $5,000 or imprisonment for not more than 3 years, or both.
Second offense: fine of not more than $7,500 or imprisonment for not more than 5 years, or both.
Third or subsequent offense: fine of not more than $12,500 or imprisonment for not more than 10 years, or both.
Manufacturing And Trafficking Methamphetamine Or Cocaine Base (44-53-375)
It is unlawful for a person to manufacture, distribute, dispense, deliver, purchase, or otherwise aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with intent to distribute, dispense, or deliver methamphetamine or cocaine base, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:
First offense: fine of not more than $25,000 or imprisonment for not more than 15 years, or both.
Second offense, or if the offender has been convicted of 1 or more offense relating to narcotic drugs: fine of not more than $50,000 or imprisonment for not less than 5 years nor more than 30 years, or both.
Third or subsequent offense, or if the offender has been convicted of 2 or more offenses relating to narcotic drugs: fine of not more than $50,000 dollars or imprisonment for not less than 15 years nor more than 30 years, or both.
Distribution Of Controlled Substances Within Proximity Of School (44-53-445)
It is unlawful for a person to distribute, sell, purchase, manufacture, or unlawfully possess with intent to distribute a controlled substance, if the offense occurred within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.
Penalty: Fine not to exceed $10,000, or imprisonment for not more than 10 years, or both. When the violation involves the distribution, sale, manufacture, or possession with intent to distribute crack cocaine -Fine not to exceed $10,000 and imprisonment for not less than 10 years nor more than 15 years. When the violation involves only the purchase of a controlled substance, including crack cocaine-Fine of not more than $1,000 or imprisonment for not more than 1 year, or both.
POSSESSION, MANUFACTURE, AND TRAFFICKING; METHAMPHETAMINE AND COCAINE BASE
Penalty:
1st offense - fine of not more than $25,000 or imprisonment for not more than 15 years, or both.
2nd offense, or if the offender has been convicted of 1 or more offense relating to narcotic drugs - fine of not more than $50,000 or imprisonment for not less than 5 years nor more than 30 years, or both.
3rd or subsequent offense, or if the offender has been convicted of 2 or more offenses relating to narcotic drugs - fine of not more than $50,000 dollars or imprisonment for not less than 15 years nor more than 30 years, or both.
POSSESSION OF METHAPHETAMINE OR COCAINE BASE
Penalty:
1st offense - fine of not more than $5,000 or imprisonment for not more than 3 years, or both.
2nd offense - fine of not more than $7,500 or imprisonment for not more than 5 years, or both.
3rd or subsequent offense - fine of not more than $12,500 or imprisonment for not more than 10 years, or both.
POSSESSION OF SMALL QUANTITIES OF MARIJUANA OR HASHISH
Penalty
1st offense - fine not less than $100 nor more than $200 or imprisonment for a term not to exceed 30 days.
2nd or subsequent offense - fine not less than $200 nor more than $1,000 or imprisonment for not more than 1 year, or both.
DISTRIBUTION OF CONTROLLED SUBSTANCE WITHIN PROXIMITY OF SCHOOL SC Code § 44-53-445 (2012)
(A) It is a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.
Please contact the Anderson University Campus Safety Department for further information concerning controlled substances. Please note that penalties are subject to change by state and federal guidelines.
Resources and Student/Employee Assistance
Anderson University is a community, and all members of the community are responsible for maintaining order and discipline on the University campus. The Student Development Division serves the primary role of coordination and implementation of Anderson University’s substance abuse policy for students. The division’s position emphasizes the early identification and the intervention into substance use problems experienced by persons. Anderson University offers support to students and staff members thru the following services:
Information
The Thrive Wellness Centers provides current information on the use and abuse of alcohol, tobacco, and drugs. Programs are provided on topics of health care throughout the year. The Director of Health Services is available for consultation with any person.
Information is made available through brochures, journals, books, posters and newsletters to faculty/staff and students. High traffic areas of the campus will be provided with handout materials related to substance use and its consequences.
Education/Programing
Educational experiences are offered by key areas within the University. These experiences include:
• Alcohol Awareness Week - one to two-week emphasis each semester with the focus on substance abuse. Offerings to the general campus population and special groups.
• Presentation of videos, films, and invited speakers on issues of substance use and abuse. These will be provided each semester for students and periodically at faculty and staff meetings.
Counseling/Referral
University counselors may provide counseling or make referrals when appropriate. The University also has a CLGse affiliation with the Anderson/Oconee Alcohol and Drug Abuse Commission, where persons may be referred for assessment and/or treatment. We also have an agreement with the Vocational Rehabilitation of South Carolina Office to refer individuals for counseling and assistance. Students referred to counseling due to drug/alcohol violations must pay for the costs of counseling materials.
PHONE NUMBERS:
Counseling Center 864-622-6078
Anderson University Thrive Wellness Center 864-622-6078
Anderson University Campus Safety 864-231-2060
Anderson-Oconee Alcohol and Drug Abuse Commission 864-260-4168
S.C. Vocational Rehabilitation Office 864-224-6391
Employee Notification of Drug-Related Convictions:
In accordance with the federal Drug-Free Workplace Act of 1988, and as a condition of employment with Anderson University, all employees, including student workers, will:
- Abide by the terms of this policy; and
- Notify, as appropriate, their supervisor, administrator, dean, vice president, or a responsible University official of any criminal drug statute conviction for a violation occurring in the workplace, NO LATER THAN FIVE DAYS after such a conviction. If a federal grant is involved, the Office of Financial Aid must be notified immediately. Failure to make such notification within the five day time limit may result in disciplinary action, up to and including termination.
Within thirty calendar days of receipt of notice of such conviction, the responsible University official, in coordination with the University President, must take appropriate personnel action regarding the employee, up to and including immediate termination; or, require the employee at his/her own expense to participate successfully, and provide evidence of such participation, in a drug abuse assistance or rehabilitation program, provided for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
A student who receives a federal Pell grant, and who is convicted of a criminal drug offense that occurred during the period of enrollment covered by the grant, must report the conviction in writing to: Director, Grants and Contracts Service, U.S. Department of Education, 400 Maryland Avenue, S.W., Room 3124, GSA Regional Service Building No. 3, Washington, D.C. 20202-4571. This report must be made within ten calendar days of the conviction. Failure to report such a conviction may subject the student to suspension or termination of the Pell grant, and ineligibility for other types of federal financial assistance. All relevant employee and student publications will contain a statement of the University’s Drug and Alcohol Policy.
Note: a “legal drug” is a prescribed drug or over-the-counter drug which has been legally obtained and is being legally used for the purpose of which it was prescribed or manufactured. An “illegal drug” is any drug or controlled substance, including alcohol, not legally obtainable or possessed, or is legally obtainable but not legally obtained, possessed, or used.
The University recognizes that alcoholism and drug dependency are “illnesses” and “disorders,” and the University will provide information to any employee or student seeking assistance. Employees and students will not be discriminated against because they responsibly seek help with their illnesses or disorders, but the institution will have “zero tolerance” for users and abusers who do not responsibly seek and utilize counseling and treatment services. The University will maintain reasonable confidentiality regarding information concerning an employee or student’s diagnosis and treatment, except in cases wherein notification to state and federal authorities is required by law.
The University has established a drug and alcohol abuse prevention program for students and employees. The Senior Vice President for Student Development has been designated as the University official primarily responsible for the University’s program and for compliance with all drug and alcohol laws applicable to the University, including but not limited to The Drug-Free Schools and Community Act. Students and employees shall receive materials annually that contain standards of conduct regarding alcohol and drugs, a description of the various laws that apply in Anderson and at Anderson University, a description of the various health risks of drug and alcohol abuse, a description of counseling and treatment programs that are available, and a statement on the sanctions the University can impose for a violation of the standards of conduct. The University will conduct a biennial review of the program. A copy of that review and other compliance documents will be maintained for three years after the fiscal year in which the record was created.
Appropriate Dress
As a Christ-centered campus we want to uphold behavioral and dress standards that reflect our unique learning community. Modesty and care for one another should be the primary guiding principle for our dress choices.
Your location on campus and the activities in which you are participating will impact the appropriateness of how you dress. For instance, what is appropriate for an athletic event or informal activities in the residence hall may not be appropriate for Campus Worship, the Culinary Center, or the classroom.
Choices in dress and definitions of modesty can differ among community members. Due to that, a few guidelines are provided below:
In general, attire that is overly revealing or immodest and clothing with advertisements or language that violate or encourage violating University values are not permitted.
Dress in classrooms, the Culinary Center, University buildings, and Campus Worship should reflect the public nature of those settings where faculty, staff, and guests are often present.
In public areas, tops (including shirts, tops of dresses, etc.) should be worn at all times. Tops should not reveal the torso in any way, including bare midriff, chest, cleavage, sides of the torso or chest, and the mid- or lower back.
Bottoms, including pants, shorts, skirts, dresses, etc., should be modest and should fully cover an individual’s back end and undergarments. Overly short and/or revealing shorts are inappropriate for men and women.
Swimwear should be worn only at the Athletic Campus pool or at the College Parke pool. Appropriate swimwear includes shorts for men (no Speedo type swimsuits). Women may choose one-piece bathing suits or two-piece suits that provide equal coverage (no bikinis).
We understand that dress choices are personal, as are ideas of what is appropriate clothing. For the sake of our campus community and for our educational purpose, we ask that you keep modesty as a primary focus and that you adhere to these guidelines.
A complete list of guidelines is available in the Student Handbook. If you have questions about what may be appropriate, please talk with an RD, RA, or other Student Development staff member.
Failure to comply with these guidelines may result in a student being asked to change or to leave an event. Repeated non-compliance will result in a disciplinary response.
Change of Address Policy
It is the student’s responsibility to inform the University of address changes. The University will not be responsible for mail communication that is not received or returned due to an out-of-date address. All address/name/phone number changes must be submitted within Workday. If access to Workday is not available, a Change of Name/Address form is available online at https://andersonuniversity.edu/resources/central/forms or in Anderson Central. These forms may be emailed or mailed to Anderson Central.
Consumer Information
Anderson University is committed to the principle of promoting access to information that allows consumers such as students, parents, researchers, and legislators to make informed decisions about post-secondary education. Consumer information includes information about the institution, its academic programs and facilities, financial aid availability, completion and graduation rates for students and student athletes, athletic program participation rates and financial support, annual safety and fire security reporting, and more. All Anderson University consumer information disclosures can be accessed online at https://www.andersonuniversity.edu/consumer-information.
Anderson University was founded upon a fierce dedication to Jesus as the Christ, through whose life and words we learn how to live. We seek to practice the words of Jesus that underscore the high regard with which individuals should hold one another, summed up in John 15:12, “This is my commandment, that you love one another, as I have loved you.” While this may not seem so great a challenge when “one another” is generally like us, the challenge is greatly increased when “one another” is different, apart from us, even perceived as an enemy.
In Matthew 5:43-47, Jesus noted: “You have heard that it was said, ‘you shall love your neighbor and hate your enemy.’ But I say to you, love your enemy and pray for those who persecute you, so that you may be children of your Father in heaven; for he makes his sun rise on the evil and the good, and sends rain on the righteous and the unrighteous. For if you love those who love you, what reward do you have? Do not even the tax collectors do the same? And if you greet only your brothers and sisters, what more are you doing than others?”
The Jesus who is the cornerstone of this institution challenges us to love those we may find different or even unlovable. It is the work of what Isabel Wilkerson called radical empathy, “putting in the work to educate oneself and to listen with a humble heart to understand another’s experience from their perspective, not as we imagine we would feel.” It is the way of Jesus.
Mission of Anderson University
Anderson University is an academic community, affiliated with the South Carolina Baptist Convention, providing a challenging education grounded in the liberal arts, enhanced by professional and graduate program and a co-curricular focus on the development of character, servant leadership, and cultural engagement. This is a diverse community that is Christ-centered, people-focused, student-oriented, quality-driven, and future-directed.
Anderson University is committed to creating and maintaining a community free from discrimination and harassment. We prohibit illegal discrimination based on sex, race, age, national origin, ability, pregnancy, military service, or any other legally protected status. We do this in accordance with the foundation of our faith and in concert with applicable federal and state laws. Sexual harassment based on sex or gender (including pregnancy) is generally addressed through the Grievance Procedure for Title IX Compliance (Section I of this Policy). All other forms of discrimination and harassment, including sexual/gender harassment which do not fall under the definition of harassment under Title IX, are addressed through the Grievance Procedure for Discrimination or Harassment Based on Protected Status: Non-Title IX (Section II of this Policy).
The University will promptly respond to any report of discrimination or harassment of any kind about which it has actual knowledge, with the aims to stop the behavior, prevent its recurrence, and provide remedies for the person or persons who have experienced the behavior.
The above-referenced grievance procedures explain:
- the legal definitions of harassment and discrimination
- the ways in which reports of discrimination or harassment are received and by whom;
- the processes of investigating allegations of harassment/discrimination;
- the resolution of complaints of harassment or discrimination.
In addition to its response to incidents of discrimination and harassment, the University is committed to proactively affirm within our community the value of each human being and to educate the community about the ways that harassment and discrimination devalue others. We urge the Anderson University community to become the “Beloved Community” in which all are valued, and all have an equal place at the table.
The following words in this policy, when capitalized, mean the following:
Complainant: an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment or other form of discrimination.
Consent: South Carolina does not specifically define “consent.” A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:(a) The actor uses aggravated force to accomplish sexual battery;(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act; or (c) The actor causes the victim, without the victim’s consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance. S.C. Code Ann. § 16-3-652.
“Aggravated force” means that the actor uses physical force or physical violence of a high and aggravated nature to overcome the victim or includes the threat of the use of a deadly weapon. S.C. Code Ann. §16-3-651(c). A person is guilty of criminal sexual conduct in the second degree if the actor uses aggravated coercion to accomplish sexual battery. S.C. Code Ann. § 16-3-653(1). “Aggravated coercion” means that the actor threatens to use force or violence of a high and aggravated nature to overcome the victim or another person, if the victim reasonably believes that the actor has the present ability to carry out the threat, or threatens to retaliate in the future by the infliction of physical harm, kidnapping or extortion, under circumstances of aggravation, against the victim or any other person. S.C. Code Ann. § 16-3-651(b). A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven: (a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances; or (b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery. S.C. Code Ann. § 16-3-654. “Mentally defective” means that a person suffers from a mental disease or defect which renders the person temporarily or permanently incapable of appraising the nature of his or her conduct. S.C. Code Ann. §16-3-651(e). “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct whether this condition is produced by illness, defect, the influence of a substance, or from some other cause. S.C. Code Ann. § 16-3-651(f). “Physically helpless” means that a person is unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. S.C. Code Ann. § 16-3-651(g).
From these state crime definitions, we may extrapolate the following about consent:
- A person has not consented if that person is forced into sexual behavior;
- A person has not consented if that person believes that the other person(s) is/are able to carry out a threat or retaliate against them or someone else;
- A person has not consented if that person has been coerced;
- A person who is either temporarily or permanently incapable of understanding the nature of their conduct cannot consent;
- A person who is mentally incapacitated, whether due to illness, the influence of alcohol or some other substance, or some other cause, cannot consent;
- A person who is unconscious, asleep, or otherwise physically helpless and unable to communicate their unwillingness to act cannot give consent.
In short, consent must be clearly given, free of anything that might cause that person to do something they may not otherwise do.
Dating Violence: Violence committed by a person…
- who is or has been in a social relationship of a romantic or intimate nature with the victim; and,
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
- the length of the relationship
- the type of relationship
- the frequency of interaction between the persons involved in the relationship
Decision-maker (Title IX): the person or persons designated by the University to conduct the Hearing and make a determination on the allegations in a Formal Complaint. No Decision-maker will be a Title IX Coordinator or the Investigator in the case being heard.
Document: a document or electronic submission (such as by email) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint.
Domestic Violence: 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 South Carolina, 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 South Carolina.
Education Program or Activity: a location, event, or circumstance over which the University exercises (or, during the relevant time, exercised) substantial control over both the Respondent and the context in which the Sexual Harassment occurs, including any building owned or controlled by a student organization that is officially recognized by the University.
Facilitator: A person who serves to facilitate an informal resolution of a Formal Complaint through mediation, restorative justice, or a similar process.
Formal Complaint (Title IX): A document which:
- Is filed by a Complainant or signed by the Title IX Coordinator; and
- If filed by the Complainant, he or she is participating in or attempting to participate in the University’s Education Program; and
- Alleges Sexual Harassment against a Respondent; and
- Requests that the University investigate.
Harassment (Non-Title IX): Harassment may happen in many forms and may include: verbal or physical conduct that defames or shows hostility toward an individual because of his/her race, color, religion, national origin, age, sex, pregnancy, ability, veteran, or any other legally protected status, or that of the individual’s relatives, friends, or associates; creates or is intended to create an intimidating, hostile, or offensive working or learning environment; interferes or is intended to interfere with an individual’s work or educational performance; or otherwise adversely affects an individual’s employment or educational opportunities.
Harassing conduct may include but is not limited to: Epithets; slurs; negative stereotyping; threatening, intimidating, or hostile acts that relate to an individual’s race, color, religion, national origin, age, sex, pregnancy, ability, veteran, or any other legally protected status; or, written or graphic material that defames or shows hostility or aversion toward an individual or group because of an individual’s legally protected status, and that is placed on walls, bulletin boards, or elsewhere on the University’s premises, is expressed or shared on social media, or that is otherwise circulated on the campus. Harassment is more than conduct with which you disagree or personally find offensive. It is unwelcomed speech or conduct determined by a reasonable person to be so sever, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education programs or activities.
Hearing (Title IX): The live hearing before a Decision-maker for the purpose of presenting evidence regarding the allegations in a Formal Complaint and allowing for questioning and cross-examination of Parties and witnesses by the Parties’ advisors, all in order that the Decision-maker can determine responsibility.
Investigative Report: The written report created by the Investigator that fairly summarizes all relevant evidence obtained during the investigation of a Complaint.
Investigator: The person designated by the University to investigate a Complaint. If more than one person is designated, this term refers to all the Investigators.
Party: Either the Complainant or the Respondent.
Parties: All Complainants and all Respondents with respect to a complaint of Harassment or with respect to multiple Formal Complaints which have been consolidated.
Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment or other form of discrimination.
Sexual Assault: An offense classified as a forcible or non-forcible sex offense under the Uniform Crime Reporting System of the Federal Bureau of Investigation, to include: forcible or statutory rape; forcible sodomy; sexual assault with an object; forcible fondling; and incest.
Sexual Harassment (Title IX): For Title IX purposes, sexual harassment is conduct based on sex that satisfies one or more of the following:
- A University employee conditioning the provision of a University aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
- 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 University’s Education Program or Activity; or
- Sexual Assault, Dating Violence, Domestic Violence, or Stalking.
Certain instances of Sexual Harassment may fall outside of Title IX. In these situations, Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of employment or a student’s education, submission to or rejection of such conduct by an and individual and is used as the basis for employment or education decisions , or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or education or creating an intimidating, hostile or offensive working or learning environment.
For Non-Title IX Harassment, see definition of Harassment above.
Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to
- Fear for his or her safety or the safety of others; or
- Suffer substantial emotional distress.
Supportive Measures: non-disciplinary, non-punitive individualized services offered to the Complainant or the Respondent (or one who may become a Respondent) before or after the filing of a Formal Complaint or where no Formal Complaint has been filed.
Policy and Grievance Procedure for Title IX Compliance
Policy Foundation: Anderson University is a Christ-centered university, committed to the notion put forth in the first chapter of the Old Testament book of Genesis that all people are made in God’s image. Thus, all people are worthy and deserving of the utmost respect. Based on this truth, as well as on its obligation as a recipient of federal funding, Anderson University is committed to complying with Title IX of the Education Amendments Act of 1972, as well as the Campus SaVE Act, the Jeanne Clery Act, and the Violence Against Women Act.
Mission of Anderson University: Anderson University is an academic community, affiliated with the South Carolina Baptist Convention, providing a challenging education grounded in the liberal arts, enhanced by professional and graduate programs and a co-curricular focus on the development of character, servant leadership, and cultural engagement. This is a diverse community that is Christ-centered, people-focused, student-oriented, quality-driven, and future-directed.
Mission of the Anderson University Title IX Office: To ensure equity based on sex and gender for all members of the Anderson University community through education, policy and procedures that fully comply with Title IX of the Higher Education Act of 1972 and related laws and University policies.
Purpose of this Policy: To eliminate barriers for members of the Anderson University community caused by harassment or discrimination based on sex or gender.
Questions Regarding this Policy: Please forward questions regarding compliance with this policy to:
Dr. L. Dianne King
Title IX/504 Grievance Coordinator
Associate Vice President for Student Development
Thrift Library, Office 2H
Office: 864.231.2026
Ldking@andersonuniversity.edu
Policy
Note: Due to changes that may come through federal regulation, legislation and court decisions, this policy is subject to updates and may be changed during the academic year. Students and employees are encouraged to review this policy periodically to remain current.
Anderson University maintains the following policy on sex discrimination and sexual harassment in compliance with Title IX of the Education Amendments of 1972 and the Title IX regulations in 34 CFR Part 106. The University provides notice of this policy to applicants for admission and employment, to students, and to employees, to the extent required by law.
Anderson University does not unlawfully discriminate in its programs and activities on the basis of sex and complies with state and federal laws prohibiting sex discrimination. As a Christ-centered institution of higher learning, the University exercises its rights under state and federal law to use religion as a factor in making employment decisions.
Some regulations issued under Title IX relating to discrimination on the basis of sex are not consistent with the University’s religious tenets and do not apply to the University (34 CFR § 106.12(a)).
Questions or inquiries about the application of Title IX and the Title IX regulations to the University’s programs and activities may be addressed to the University’s Title IX Coordinator, to the Assistant Secretary of the Department of Education, or both.
Anderson University has designated and authorized the following employees to coordinate its efforts to comply with its policies to prevent sexual harassment and discrimination, and to receive reports thereof:
Dr. L. Dianne King
Associate Vice President for Student Development
Dean of Student Success, Title IX Coordinator
Office: Thrift Library, Office 2H
Mail: 316 Boulevard, Anderson, SC 29621
Ldking@andersonuniversity.edu
864.231.2026
In addition to the Title IX Coordinator, the University has also appointed the following Deputy Coordinators to assist in compliance with these policies:
Deputy Coordinators
Ms. Amy Porpilia
- Director of Human Resources and Title VII Coordinator
Mr. Matt Finley
- Associate Athletic Director for Compliance
Dr. Bob Hanley
- Vice Provost and Professor of English
Mr. Tyrome Philson
- Dean of Student Support and Engagement
Ms. Ann Themistocleous
- Director of the Center for Global Engagement
Ms. Robyn Sanderson
- Associate Vice President for Student Development (on call)
Reports (without obligation of filing a formal complaint) may also be made through Residence Directors, Resident Advisors, other members of the Student Development Staff, faculty members, or any other administrator or staff member the reporter would like to ask assistance from in reporting. These individuals may assist the reporter but are not designated as authorized individuals placing the University on notice of actual knowledge. In addition, a small number of employees are designated as Confidential Resources (see p.21). These persons are bound to keep what you tell them confidential unless you specifically ask them to assist you in reporting.
Those wishing to report may also or instead contact the Department of Education, Office for Civil Rights, as indicated below:
U. S. Department of Education
Office for Civil Rights
District of Columbia Office
400 Maryland Ave., SW
Washington, DC 20202-1328
Telephone: (202) 453-6020
Email: OCR.DC@ed.gov
If you witness or experience any emergency involving sexual assault or any other crime of violence, or if you have immediate safety concerns, call 911 and/or Campus Safety at 864.231.2060.
How to Report. Any person may report a grievance relating to sex discrimination, including Title IX Sexual Harassment, whether or not the person reporting is the person who may be the victim of conduct being reported. A report may be made:
- in person during normal business hours;
- at any time during or outside of normal business hours by mail, telephone, or email; or
- at any time using any other means that results in the Title IX Coordinator receiving the verbal or written report.
The following words in this policy, when capitalized, mean the following:
Complainant: an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.
Consent: South Carolina does not specifically define “consent.” A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:(a) The actor uses aggravated force to accomplish sexual battery;(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act; or (c) The actor causes the victim, without the victim’s consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance. S.C. Code Ann. § 16-3-652.
“Aggravated force” means that the actor uses physical force or physical violence of a high and aggravated nature to overcome the victim or includes the threat of the use of a deadly weapon. S.C. Code Ann. §16-3-651(c). A person is guilty of criminal sexual conduct in the second degree if the actor uses aggravated coercion to accomplish sexual battery. S.C. Code Ann. § 16-3-653(1). “Aggravated coercion” means that the actor threatens to use force or violence of a high and aggravated nature to overcome the victim or another person, if the victim reasonably believes that the actor has the present ability to carry out the threat or threatens to retaliate in the future by the infliction of physical harm, kidnapping or extortion, under circumstances of aggravation, against the victim or any other person. S.C. Code Ann. § 16-3-651(b). A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven: (a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances; or (b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery. S.C. Code Ann. § 16-3-654. “Mentally defective” means that a person suffers from a mental disease or defect which renders the person temporarily or permanently incapable of appraising the nature of his or her conduct. S.C. Code Ann. §16-3-651(e). “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct whether this condition is produced by illness, defect, the influence of a substance, or from some other cause. S.C. Code Ann. § 16-3-651(f). “Physically helpless” means that a person is unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. S.C. Code Ann. § 16-3-651(g).
From these state crime definitions, we may extrapolate the following about consent:
- A person has not consented if that person is forced into sexual behavior.
- A person has not consented if that person believes that the other person(s) is/are able to carry out a threat or retaliate against them or someone else.
- A person has not consented if that person has been coerced.
- A person who is either temporarily or permanently incapable of understanding the nature of their conduct cannot consent.
- A person who is mentally incapacitated, whether due to illness, the influence of alcohol or some other substance, or some other cause, cannot consent.
- A person who is unconscious, asleep, or otherwise physically helpless and unable to communicate their unwillingness to act cannot give consent.
In short, consent must be clearly given, free of any influence or pressure that might cause that person to do something they may not otherwise do.
Dating Violence: Violence committed by a person…
- who is or has been in a social relationship of a romantic or intimate nature with the victim; and,
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
- the length of the relationship
- the type of relationship
- the frequency of interaction between the persons involved in the relationship
Decision-maker: the person or persons designated by the University to conduct the Hearing and make a determination on the allegations in a Formal Complaint. No Decision-maker will be a Title IX Coordinator or the Investigator in the case being heard.
Document: a document or electronic submission (such as by email) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint.
Domestic Violence: 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 South Carolina, 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 South Carolina.
Education Program or Activity: a location, event, or circumstance over which the University exercises (or, during the relevant time, exercised) substantial control over both the Respondent and the context in which the Sexual Harassment occurs, including any building owned or controlled by a student organization that is officially recognized by the University.
Facilitator: A person who serves to facilitate an informal resolution of a Formal Complaint through mediation, restorative justice, or a similar process.
Formal Complaint: A document which:
- Is filed by a Complainant or signed by the Title IX Coordinator; and
- If filed by the Complainant, he or she is participating in or attempting to participate in the University’s Education Program; and
- Alleges Sexual Harassment against a Respondent; and
- Requests that the University investigate.
Hearing: The live hearing before a Decision-maker for the purpose of presenting evidence regarding the allegations in a Formal Complaint and allowing for questioning and cross-examination of Parties and witnesses by the Parties’ advisors, all in order that the Decision-maker can determine responsibility.
Investigative Report: The written report created by the Investigator that fairly summarizes all relevant evidence obtained during the investigation of a Complaint.
Investigator: The person designated by the University to investigate a Complaint. If more than one person is designated, this term refers to all the Investigators.
Party: Either the Complainant or the Respondent.
Parties: All Complainants and all Respondents with respect to a complaint of Harassment or with respect to multiple Formal Complaints which have been consolidated.
Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment or other form of discrimination.
Sexual Assault: An offense classified as a forcible or non-forcible sex offense under the Uniform Crime Reporting System of the Federal Bureau of Investigation, to include: forcible or statutory rape; forcible sodomy; sexual assault with an object; forcible fondling; and incest.
Sexual Harassment: Sexual harassment is conduct based on sex that satisfies one or more of the following:
- A University employee conditioning the provision of a University aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
- 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 University’s Education Program or Activity; or
- Sexual Assault, Dating Violence, Domestic Violence, or Stalking.
Certain instances of Sexual Harassment may fall outside of Title IX. In these situations, Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of employment or a student’s education, submission to or rejection of such conduct by an individual and is used as the basis for employment or education decisions , or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or education or creating an intimidating, hostile or offensive working or learning environment. These situations may be referred to Student Conduct for consideration under the guidance of the General Harassment Policy and Procedures.
Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to
- Fear for his or her safety or the safety of others; or
- Suffer substantial emotional distress.
Supportive Measures: non-disciplinary, non-punitive individualized services offered to the Complainant or the Respondent (or one who may become a Respondent) before or after the filing of a Formal Complaint or where no Formal Complaint has been filed.
Whenever the University has actual knowledge of Sexual Harassment in an Education Program or Activity, the Title IX Coordinator is responsible for coordinating a University response that is prompt and reasonable in light of the known circumstances and includes the following:
- Treating Complainants and Respondents equitably
- Promptly contacting the Complainant to discuss the availability of Supportive Measures
- Offering Supportive Measures to the Complainant whether the Complainant files a Formal Complaint or not.
- Considering the Complainant’s wishes with respect to Supportive Measures
- Explaining to the Complainant the process for filing a Formal Complaint, and
- Following the University’s grievance procedure before imposing any disciplinary sanctions or other actions that are not Supportive Measures against a Respondent
The University will provide students or employees who report being victims of Dating Violence, Domestic Violence, Sexual Assault or Stalking with a written explanation of their rights and options, regardless of whether the offense occurred on campus. The explanation will include written notification of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims (within the University and in the community), and the availability of changes to academic, living, transportation, and working situations, or Supportive Measures regardless of whether the student or employee files a Formal Complaint or makes a report to law enforcement.
The University will offer Supportive Measures as appropriate, as reasonably available, and without fee or charge to the Complainant, the Respondent, or a person who may become a Respondent before or after the filing of a Formal Complaint, including where no Formal Complaint has been filed. Supportive Measures are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties or the University’s educational environment, or deter sexual harassment.
The following are examples of Supportive Measures the University may make available, but other similar measures may also be provided:
- Additional excused absences from classes or leaves of absence
- Extensions of deadlines or other course-related adjustments
- Academic support services, such as free tutoring
- Providing an escort to move safely between classes and activities
- Providing parking closer to residence or classes
- Modifications of work or class schedules
- Mutual no-contact orders (prohibiting contact with another Party in person or by phone, email, text message, social network, or other means, including a third person)
- Adjustments to campus housing assignments
- Adjustments to campus work assignments
- Counseling services
- Increased security and monitoring of certain areas of the campus
The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures.
Confidentiality
The University will maintain as confidential any Supportive Measures provided to the Complainant or Respondent to the extent that maintaining such confidentiality would not impair the University’s ability to provide the Supportive Measures. For example, an individual may be made aware of a Supportive Measure if it directly affects that individual (such as with the issuance of a no-contact order).
The University may place a non-student employee Respondent on administrative leave during the pendency of the grievance process or remove any Respondent from the University’s Education Program or Activity on an emergency basis providing:
- The University conducts an individualized safety and risk analysis.
- As a result of the analysis, the University determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies removal of the Respondent; and
- The University provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.
This provision for administrative leave or emergency removal does not modify any of the Respondent’s rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.
The University will:
- Treat Complainants and Respondents equitably by providing remedies to a Complainant where a determination of responsibility for Sexual Harassment has been made against the Respondent.
- Presume that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance procedure.
- Follow this grievance procedure before the imposition against the Respondent of any disciplinary sanctions or other actions that are not Supportive Measures.
- Provide any Party whose participation is invited or expected written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the Party to prepare to participate.
- Design remedies to restore or preserve equal access to the University’s Education Program or Activity. Remedies may include the same individualized services described as Supportive Measures. However, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.
- Require all persons who serve as the Title IX Coordinator, Investigator, Decision-maker, Appeal Decision-maker, or Facilitator not to have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
- Ensure that Title IX Coordinators, investigators, decision-makers, and Facilitators receive appropriate training. Part of the training will include how to serve impartially and avoid prejudgment of the facts, conflicts of interest, and bias.
- Apply the preponderance of the evidence standard in making determinations with respect to all Formal Complaints, whether against students, faculty, or non-faculty employees.
Upon receiving a Formal Complaint, the University will provide all known parties written notice that includes at least the following:
- The University’s grievance procedure, including any informal resolution process.
- All allegations which may constitute Sexual Harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident, if known.
- A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance procedure.
- A statement that the Parties may have an advisor of their choice, who may be, but is not required to be, an attorney.
- A statement that the Parties may inspect and review evidence.
- A statement that the University’s code of conduct prohibits any student or employee knowingly making false statements or knowingly submitting false information during the grievance procedure.
If, during an investigation, the University decides to investigate allegations about the Complainant or Respondent that are not included in the initial notice, the University will provide notice of the additional allegations to Parties whose identities are known.
If the conduct alleged in the Formal Complaint 1) would not constitute Sexual Harassment even if proven, 2) did not occur in an Education Program or Activity, or 3) did not occur against a person in the United States, then the University must dismiss the Formal Complaint as a complaint of Sexual Harassment under Title IX or this grievance procedure. However, the University may separately adjudicate allegations
of conduct which would violate other provisions of the University’s General Harassment and Discrimination Policy or code of conduct. As an example, if a student or employee experiences sexual harassment from another student or employee during an AU Study Abroad trip, mission trip, or similar experience outside the United States, such may be dealt with through a non-Title IX process. Please contact the Title IX Coordinator for information on reporting such occurrences.
The University may dismiss all or part of a Formal Complaint if at any time during the investigation or hearing:
- A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;
- The Respondent is no longer enrolled or employed by the University; or
- Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations in it.
If all or part of a Formal Complaint is dismissed, the University must promptly and simultaneously send written notice of the dismissal and reason(s) for it to the Parties.
The University may consolidate Formal Complaints:
- As to allegations of Sexual Harassment 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 of Sexual Harassment arise out of the same facts or circumstances.
Where a grievance procedure involves more than one Complainant or more than one Respondent, singular references to “Party,” “Complainant,” or “Respondent” include the plural, as applicable.
A Party may designate an advisor of his or her choice, and the advisor may be an attorney. The University will not limit the choice or presence of an advisor for either a Complainant or a Respondent in any meeting or grievance proceeding.
The University will appoint an advisor for any Party who does not have one present in the Hearing. University-appointed advisors serve at no cost to a Party. However, advisors appointed by the University serve for the limited purpose of conducting cross-examination at the Hearing. University-appointed advisors are not required to be attorneys or have a level of competency comparable to that of another Party’s designated advisor. An advisor is not required to perform any function beyond relaying a Party’s desired questions to the other Party and witnesses.
A Party may find that having an advisor is helpful throughout the grievance procedure and not just at the Hearing. Both Parties are encouraged to designate an advisor.
Because the University is required to provide certain information to a Party’s advisor, each Party must notify the Title IX Coordinator in writing if he or she has designated an advisor. A Party may obtain an advisor or change the identity of the Party’s advisor at any time.
Except during a Hearing, the role of the advisor is limited to providing support, guidance, or advice to the Complainant or Respondent throughout the grievance procedure. The following rules apply to all advisors, including advisors appointed by the University:
- Advisors are not to answer questions posed directly to any Party or witness, nor otherwise interfere with questioning by the Investigator. An advisor may request reasonable opportunities to confer with the Party being advised.
- During meetings, a Party and the advisor may talk quietly with each other.
- Advisors do not have the right to question witnesses except in a Hearing.
- Advisors may not present opening statements, closing statements, or arguments.
- Advisors may not disclose to other persons any confidential student information which is disclosed to the advisor during the grievance procedure.
- Advisors must always act respectfully; bullying, yelling, and abusive conduct are never permitted.
- Parties and advisors must not disturb the Hearing or any other proceeding by loudly conferring with one another.
- Advisors must comply with the decisions and directions of the Decision-maker.
If a Party’s advisor (whether designated by the Party or appointed by the University) refuses to comply with these rules, including rules relating to decorum, the University may require the Party to designate a different advisor or, if no other advisor is designated, to accept an advisor appointed by the University to conduct cross-examination on behalf of the Party. The University may remove from any proceeding advisors who become disruptive or who do not abide by the restrictions on their participation.
At any time after a Formal Complaint has been filed but before reaching a determination regarding responsibility, the University may facilitate an informal resolution process (such as mediation or restorative justice) that does not involve a full investigation and adjudication. Before the University and the Parties can proceed with an informal resolution, the University must notify the Parties in writing disclosing:
- The allegations;
- The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations;
- That at any time prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and resume the grievance procedure with respect to the Formal Complaint; and
- Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
The University must obtain the Parties’ voluntary, written consent to proceed with an informal resolution process. The formal procedures for resolving a Formal Complaint will normally be suspended during the informal resolution process. If the informal process produces a resolution that is agreed upon by the Parties in writing, the grievance procedure shall end, and no investigation or Hearing shall occur.
The University:
- May not require any person to waive the right to an investigation and adjudication of a Formal Complaint as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right;
- May not require the Parties to participate in an informal resolution process;
- May not offer an informal resolution process unless a Formal Complaint has been filed; and
- May not offer or facilitate an informal resolution process to resolve allegations that an employee engaged in Sexual Harassment against a student.
The University will designate one or more investigators to investigate the allegations in the Formal Complaint. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the University and not on the Parties. The University shall not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege unless the person holding such privilege has waived it. If the Investigator makes any determinations regarding credibility, those determinations may not be based on a person’s status as a Complainant, Respondent, or witness.
The University may restrict who can be present during any meeting or proceeding related to the grievance procedure, including meetings or interviews conducted by the Investigator. However, both the Complainant and the Respondent will have the same opportunities to have others present during any grievance proceeding.
A student may feel hesitant to report an incident of sexual misconduct because they fear that their own conduct, for instance, the use of alcohol or drugs by themselves or others, may result in their being disciplined for those actions.
The focus of the University in matters related to sexual harassment and misconduct is always on that reported behavior, not on ancillary policy violations, such as alcohol or drugs. Harassment/sexual misconduct will always be the primary focus of this kind of investigation and adjudication, and the University will not take disciplinary action toward students involved in sexual misconduct cases regarding these secondary behaviors. Depending on the situation, however, the University may institute educational discussions and interventions for the well-being of the student.
Throughout the investigation, all Parties have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. The University does not restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence.
Before completing the Investigative Report, the Investigator will send to each Party and the Party’s advisor, if any, all the evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including
- Evidence upon which the University does not intend to rely in reaching a determination regarding responsibility; and
- Inculpatory or exculpatory evidence, whether obtained from a Party or another source.
The evidence will be subject to inspection and review by both Parties and may be provided in an electronic format, a hard copy, or a mixture of both. Each Party will have up to ten (10) calendar days to submit a written response to the evidence. This written response shall be the Party’s final opportunity to identify and present additional witnesses and other inculpatory and exculpatory evidence.
If the Investigator finds that Party has provided new evidence (including witnesses) that is directly related to the allegations, the Investigator will provide the new evidence to both Parties and permit an additional ten (10) calendar days for each Party to respond to the new evidence. The Investigator will consider the Parties’ written responses to the evidence before completing the Investigative Report. It is the Investigator’s discretion as to whether additional witnesses who are presented shall be interviewed and included in the report, but both parties will be treated equitably in that decision.
In gathering evidence, except with the Party’s voluntary, written consent, the University cannot access, consider, disclose, or otherwise use a Party’s records that are:
- Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity; and
- Made and maintained in connection with the provision of treatment to the Party.
After the time for a Party’s written response to the evidence has expired, the Investigator will create an Investigative Report that fairly summarizes all the relevant evidence gathered throughout the investigation.
At least ten (10) calendar days prior to the Hearing, the Investigator will send each Party and each Party’s advisor a copy of the Investigative Report in an electronic format or a hard copy. A Party or a Party’s advisor may make a written response to the Investigative Report by providing a copy to the Investigator and the Title IX Coordinator no later than noon of the last business day before the day of the Hearing. The Title IX Coordinator will provide a Party’s written response, if any, to the other Party. A copy of the Investigative Report and all written responses by the Parties will be provided to the Decision-maker prior to the Hearing.
A live hearing must be held with respect to a Formal Complaint unless:
- The Formal Complaint has been dismissed;
- The facts alleged in a Formal Complaint are not contested;
- The Respondent has admitted, or wishes to admit, responsibility; or
- The Parties want to resolve the case through an informal resolution process without a completed investigation or adjudication.
The Parties cannot waive a hearing except by agreement to use the University’s informal resolution process.
At least 10 calendar days before the Hearing, the University will notify each Party and advisor in writing of the date, time, location, and participants for the Hearing, including the name of each witness whom the University will request to appear at the Hearing (in person or virtually) for the purpose of providing evidence. The Hearing may be conducted with all participants physically present in the same location or, at the University’s discretion, any or all Parties, witnesses, and other participants may appear virtually, with technology enabling participants simultaneously to see and hear each other.
Hearings will only be rescheduled for good cause and at the discretion of the University.
At the request of either Party, the University will provide for the Hearing to occur with the Parties located in separate rooms using technology enabling the Decision-maker and Parties to simultaneously see and hear the Party or the witness answering questions. In order to have sufficient time to make the appropriate arrangements, a Party’s request to be in a separate room must be made in writing to the Title IX Coordinator at least two (2) business days before the Hearing.
If a Party does not have an advisor present at the Hearing, the University must provide the Party an advisor of the University’s choice without fee or charge to that Party. Unless the University grants a delay for good cause shown, the University shall appoint an advisor for a Party whose designated advisor is absent from the Hearing. The advisor is not required to be an attorney and shall be responsible to conduct cross-examination on behalf of that Party.
The University is prohibited by law from requiring any Party or witness to appear at the Hearing, or from engaging in any act that would intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, grievance proceeding, or Hearing.
For these reasons, the University is not responsible if a Party or witness fails to appear at the Hearing, and the Hearing may proceed in the absence of the Party or witness. The University may grant a Party’s reasonable request to delay the Hearing if that Party or an important witness is unable to attend the Hearing. A request for a delay should be made as soon as possible in the manner described below in the section of this grievance procedure entitled “Temporary Delays or Extensions.”
The Decision-maker shall convene the Hearing at the appointed time. In order to maintain students’ privacy as much as possible, witnesses will not be in the Hearing room or attending by technological means except when providing evidence or being cross-examined. Parties and witnesses will not be “sworn in,” but will be reminded that providing false information in connection with the Hearing is a violation of the University’s code of conduct for students or expectations for employees.
Each Party’s advisor will be given an opportunity to ask the other Party and any witnesses all relevant questions and follow-up questions, including those that challenge credibility. Such cross- examination must be conducted directly, orally, and in real time by the Party’s advisor, and never by a Party personally.
Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Decision-maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Decision-maker may ask both advisors to provide reasons why a question should or should not be considered relevant. The Decision-maker will instruct all Parties and witnesses not to answer any question until the Decision-maker has allowed the question.
Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless:
- Such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or
- The questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
The Decision-maker shall not permit any questions, nor the introduction of any evidence, which would involve the disclosure of information protected under a legally recognized privilege under state law unless the person holding the privilege has waived it.
Because the University’s grievance procedure is not a civil proceeding or state action, there is no right against self-incrimination. However, the Decision-maker cannot draw an inference regarding responsibility based solely on a Party’s or witness’s absence from the Hearing or refusal to answer cross-examination or other questions.
The Respondent and/or the Complainant may choose not to testify at the hearing; however, the exercise of that option will not preclude the Decision-maker from making a responsibility determination.
If a party or witness does not submit to cross-examination at the hearing, in reaching a responsibility determination, the hearing officer may afford relevant statements made by that party or witness the weight that the Decision-maker deems appropriate, taking into consideration factors such as the nature of the statement, the context in which the party or witness made the statement, and any other factor the Decision-maker deems appropriate.
The Decision-maker will not draw an inference regarding responsibility based solely on a party’s or witness’ absence from the hearing or refusal to testify or submit to cross-examination.
Availability of Evidence
The University will make all the evidence that was subject to inspection and review by the Parties in connection with the preparation of the Investigative Report available at the Hearing to give each Party equal opportunity to refer to such evidence during the Hearing, including for purposes of cross-examination. Parties must notify the Title IX Coordinator at least two (2) business days prior to the Hearing regarding any physical evidence, transcripts, recordings, or other items requested to be physically available at the Hearing.
The Hearing will be conducted substantially as provided below. The Decision-maker may recess the Hearing for appropriate and reasonable rest and meal breaks. Any Hearing participant may request a break.
- The Title IX Coordinator will serve as the moderator for the Hearing. The function of the moderator is to move the proceeding forward in an unbiased manner and to give the Parties and witnesses an opportunity to bring their evidence before the Decision-maker.
- The moderator will give each party the opportunity to make an opening statement, first the Complainant, then the Respondent.
- The moderator will review the Complainant’s allegations and review the evidence provided by the Complainant and summarized in the Investigative Report. The moderator will ask the Complainant whether he or she wishes to affirm the allegations and evidence as reviewed, and whether he or she would like to make any additional statements.
- The Respondent’s advisor will be given an opportunity to question the Complainant.
- The moderator will review the Respondent’s response to the allegations and review the evidence provided by the Respondent and summarized in the Investigative Report. The moderator will ask the Respondent whether he or she wishes to affirm the response and evidence as reviewed, and whether he or she would like to make any additional statements.
- The Complainant’s advisor will be given an opportunity to question the Respondent.
- The moderator will bring each witness before the Decision-maker, either in person or through appropriate technology. The moderator will review any evidence provided by the witness and summarized in the Investigative Report. The moderator will ask the witness whether he or she wishes to affirm the evidence as reviewed.
- The Complainant’s advisor will be given an opportunity to question the witness.
- The Respondent’s advisor will be given an opportunity to question the witness.
- If the University has provided any relevant evidence summarized in the Investigative Report, an appropriate representative or representatives of the University will review such evidence.
- The Complainant’s advisor will be given an opportunity to question the University’s representative(s).
- The Respondent’s advisor will be given an opportunity to question the University’s representative(s).
- The Decision-maker may ask questions of any Party, witness, or University representative during the time that person is presenting evidence or being questioned.
- Each Party, beginning with the Complainant, will have the opportunity to make a brief closing statement to the Decision-maker.
- After confirming with the moderator that there is no additional evidence or other matters to be addressed, the Decision-maker will adjourn the Hearing.
The University will create an audio or audiovisual recording, or transcript, of the Hearing and make it available on request to the Parties and to the Decision-maker for inspection and review.
The Decision-maker shall determine whether the Respondent is responsible for each of the allegations in the Formal Complaint that could constitute Sexual Harassment. The Decision-maker shall reach these decisions by applying the preponderance of the evidence standard, that is, whether it is more likely than not that the Respondent is responsible for the allegation being considered. In making the determination, the Decision-maker:
- Must make an objective evaluation of all relevant evidence - including both inculpatory and exculpatory evidence.
- Must not make credibility determinations based on a person’s status as a Complainant, Respondent, or witness.
- Cannot rely upon evidence or information protected under a legally recognized privilege unless the person holding the privilege has waived it.
The Decision-maker shall issue a written determination stating the Respondent’s responsibility for the alleged misconduct. The written determination must include:
- Identification of the allegations potentially constituting Sexual Harassment;
- A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- Findings of fact supporting the determination;
- Conclusions regarding the application of the University’s code of conduct to the facts;
- A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the University imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s Education Program or Activity will be provided by the University to the Complainant; and
- The University’s procedures and permissible bases for the Complainant and Respondent to appeal.
The Decision-maker shall exercise independent and unbiased judgment with respect to:
- Findings of fact which support the determination(s);
- Conclusions regarding the application of the University’s code of conduct to the facts;
- The determination regarding responsibility as to each allegation; and
- The rationale for the Decision-maker’s conclusions.
The Decision-maker may consult with University officials for information with respect to the procedural steps taken, the University’s normal practices relating to appropriate sanctions, and the University’s procedures and permissible bases for appeals.
The University will provide the written determination regarding responsibility to the Parties simultaneously. If neither Party appeals, the determination becomes final on the date on which an appeal would no longer be considered timely.
If a Party appeals the determination, the determination becomes effective on the date the University provides the Parties with the written determination of the result of the appeal, unless the appeal decision requires further proceedings.
The Title IX Coordinator is responsible for effective implementation of any sanctions and/or remedies.
The University can impose a range of disciplinary sanctions and remedies with respect to any misconduct for which a Respondent has been determined to be responsible. Possible disciplinary sanctions and remedies include but are not limited to:
- Imposing, continuing, or modifying any Supportive Measures.
- Warning: A reminder to the respondent about relevant university rules, regulations, or policies and the potential consequences for violating them.
- No contact order: A directive to initiate no contact with the Complainant, including contact in person or by phone, email, text message, social network, or any other means, either directly or through a third party.
- Reprimand: Written notice that University rules, regulations, or policies have been violated and that continuation or repetition of misconduct may result in a more severe sanction.
- Relevant Education: A program of education/training on a topic(s) related to the violation(s).
- Fines: A monetary fine assessed for a disciplinary violation.
- Probation: Written notice explaining the serious nature of misconduct and outlining the terms of probation. The terms of probation may prohibit a student from participating in co-curricular activities and provide for expulsion for violating the terms of probation.
- Restitution: Reimbursement or other compensation for damage or loss of property.
- Eviction: Probation or removal from campus housing.
- Suspension - Termination of student status at the University for a specified time period.
- Expulsion - Termination of student status at the University permanently or for an indefinite time period.
If the Respondent who is found responsible is an employee, sanctions may include but are not limited to:
- Informal warning
- Letter of warning in employee’s personnel file
- Harassment or sensitivity training
- Counseling
- Remediation
- Relocation of work office or area
- Restriction
- Reassignment of work duties
- Termination
Both Parties may appeal from a determination regarding responsibility, or from the University’s dismissal of all or any part of a Formal Complaint. The appeal procedures shall apply equally to both Parties.
Any of the following is an appropriate basis for appeal:
- Procedural irregularity that affected the outcome of the matter;
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made; or
- The Title IX Coordinator, Investigator, or Decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
In order to appeal, a Party must file a written Notice of Appeal challenging the initial outcome that is received by the Title IX Coordinator within 10 calendar days after the written Letter of Determination was issued. The Notice of Appeal must state, at a minimum:
- Every basis for the appeal;
- A complete statement of the facts and evidence that support each basis for the appeal; and
- The relief requested as a result of the appeal.
The University will promptly notify both Parties in writing that an appeal has been filed and provide a copy of the Notice of Appeal to the other Party. The non-appealing Party shall have10 days from the date of such notice to submit to the Title IX Coordinator a written statement in support of the initial outcome or in opposition to the appeal. A copy of any such written statement shall be provided to the appealing Party.
The appeal shall be considered and decided by an Appeal Decision-maker who is not the same person as the Investigator, the Title IX Coordinator, or the Decision-maker(s) that reached the determination regarding responsibility or dismissal. The Appeal Decision-maker shall review the Notice of Appeal, the response of the non-appealing Party, and may review the record of the Hearing as necessary to reach a conclusion on the appeal. The Appeal Decision-maker shall be bound by the same rules and considerations which apply to a Decision-maker, as described in this grievance procedure.
The Appeal Decision-maker shall issue a written decision describing the result of the appeal and the rationale for the result. The written decision shall, insofar as applicable, provide the same type of information required to be included in the initial written determination issued in connection with the Hearing.
The decision on appeal shall be appropriate to the basis or bases for appeal, and may adopt one or more of the following decisions, regardless of which Party filed the appeal:
- Affirm the initial written determination.
- Change any part of the written determination, including a change to find responsibility or to find no responsibility.
- Increase or decrease the sanctions.
- Require additional investigation (particularly in the case of new evidence that is material, not merely cumulative, and if presented in the Hearing could reasonably have resulted in a different determination); or
- Order a new Hearing.
The written decision on the appeal shall be provided simultaneously to both Parties.
The University will conclude this grievance procedure in a reasonably prompt manner and in accordance with the following time frames:
- The University will generally issue the written Hearing determination within 75 business days after the filing of the Formal Complaint.
- The University will generally issue the written appeal determination within 20 business days after the filing of the Notice of Appeal.
- The University will generally conclude any informal resolution process within 60 business days after the Parties agree to an informal resolution.
Factors that may delay the determination include such things as availability of witnesses, illness, academic breaks, or other unforeseeable circumstances.
The University may direct a temporary delay in the grievance procedure or the limited extension of the normal time frames for good cause. The University will notify the Complainant and the Respondent in writing of any temporary delay or limited extension and the reasons for the action.
The Complainant or Respondent may request a temporary delay or limited extension in writing to the Title IX Coordinator. The written request must state the reason for the delay or extension and the length of the delay or extension being requested.
Some examples of situations which may constitute good cause for a delay or extension include: the absence of a Party, a Party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
The University will attempt to accommodate the schedules of Parties and witnesses throughout the grievance procedure in order to provide Parties with a meaningful opportunity to exercise their lawful rights. However, the University will not delay the grievance procedure indefinitely because a Party, witness, or advisor is refusing to cooperate. In order to resolve complaints within reasonable time frames, the grievance procedure can proceed to conclusion even in the absence of a Party or witness.
Retaliation shall include the following:
- Conduct intended to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, 34 CFR Part 106, or this grievance procedure.
- Bringing disciplinary charges against an individual for code of conduct violations that do not involve sex discrimination or Sexual Harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint, for the purpose of interfering with any right or privilege secured by Title IX, 34 CFR Part 106, or this grievance procedure.
Neither the University nor any other person may engage in retaliation against an individual because the individual has made a report or complaint or testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or Hearing under this grievance procedure.
Any person who believes that he or she has experienced retaliation which is prohibited by this grievance procedure may file a report or Formal Complaint with the Title IX Coordinator.
The University must keep confidential, to the extent possible, the identity of:
- Any individual who has made a report or complaint of sex discrimination.
- Any individual who has made a report or filed a Formal Complaint of Sexual Harassment.
- Any Complainant.
- Any individual who has been reported to be the perpetrator of sex discrimination.
- Any Respondent; and
- Any witness,
except as may be permitted by law or as necessary to carry out this grievance procedure.
Resources
Anderson University offers a variety of resources for students, faculty, and staff who seek support regarding gender-based discrimination and harassment. Realizing that people and how they respond can vary notably, there are varied means of support, both formal and informal, available to those who experience discrimination and harassment. If a person’s needs change over time, they may return to this information for additional information.
If you have experienced gender-based discrimination or harassment, your safety and well-being are our top concerns. There are several on-campus resources available to students who have experienced sexual violence or sexual misconduct. The larger Anderson community offers additional resources, and we encourage members of the AU family to utilize any resources available to them.
SAFETY CONCERNS
Any community member who is concerned about his/her safety on campus is encouraged to immediately contact Campus Safety at 864.231.2060. If you are off campus, please contact local law enforcement by calling 911.
ACCOMMODATIONS FOR STUDENTS WITH DISABILITIES
By federal law, a person with a disability is any person who: 1) has a physical or mental impairment; 2) has a record of such impairment; or 3) is regarded as having such an impairment, which substantially limits one or more major life activities such as self-care, walking, seeing, hearing, speaking, breathing, or learning. A student requesting an accommodation regarding a Title IX investigation/adjudication process must follow the appropriate process for requesting an accommodation through the Office of Accessibility Services in the Center for Student Success (Thrift Library, Suite 202). The Office of Accessibility Services will make a determination regarding the request and notify the appropriate parties. Reasonable accommodations depend upon the nature and degree of severity of the documented disability. While the Americans with Disabilities Act of 1990 requires that priority consideration be given to the specific methods requested by the student, it does not imply that a specific accommodation must be granted if it is deemed not reasonable and other suitable techniques are available.
CONFIDENTIAL RESOURCES
If you are not certain that you want to take formal action (e.g., filing a police report or making a report on campus), you may receive support from any of several staff members who are designated as Confidential Resources. Only in very rare and specific circumstances would they ever divulge information that you share with them.
Confidential Resources at AU
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Thrive Wellness
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Counseling Center
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Erin Maurer, Director, and clinical staff
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emaurer@andersonuniversity.edu
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Health Center
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Deb Taylor, Director, and clinical staff
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dtaylor@andersonuniversity.edu
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Sports Medicine
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Scott DeCiantis, Director
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sdeciantis@andersonuniversity.edu
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Adam Braunecker, Associate Director
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abraunecker@andersonuniversity.edu
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Ryan Whitt, Assistant Director
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rswhitt@andersonuniversity.edu
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Campus Ministries
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James Hanson, Director of Campus Ministries
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jhanson@andersonuniversity.edu
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Maddy Woodford, Director of Women’s Ministry & Community Missions
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mwoodford@andersonuniversity.edu
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Kaitlyn Jenkins, Assistant BCM Director
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kjenkins@andersonuniversity.edu
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OFF CAMPUS/COMMUNITY RESOURCES
Anderson University does not manage any of the resources listed below, but you may find them helpful, particularly with needs beyond the campus experience.
Anmed Medical Center
800 N Fant Street
Anderson, SC 29621
864.512.1000
The Emergency Department at Anmed Medical Center can provide initial care and treatment following incidents of sexual assault or domestic violence. They can also collect evidence that may be used if you decide to file a police report.
First Light (formerly called Foothills Alliance)
216 E Calhoun Street
Anderson, SC 29621
864.231.7273
First Light is a 24-hour sexual assault crisis hotline, accompaniment and advocacy for survivors at local emergency rooms, with law enforcement, and in court, individual/family therapy, and group therapy. For crisis assistance, call 855.810.4882 at any time.
Rape, Abuse and Incest National Network (RAINN)
Hotline: 800.656.HOPE (4673)
The Rape, Abuse and Incest National Network is the nation’s largest anti-sexual violence organization. RAINN operates the national sexual assault hotline at 800.656.HOPE (4673) and the national sexual assault online hotline at www.rainn.org. The hotline offers free, confidential services. RAINN educates the public about sexual violence and leads national efforts to prevent sexual violence, improve services to victims, and ensure that rapists are brought to justice.
Safe Harbor
Phone: 800.291.2139; Anderson: 864.622.0939
Safe Harbor provides emergency shelter; adult, child and family counseling; order of protection assistance; housing assistance; and education for those who may experience domestic violence in Anderson, Greenville, Pickens, and Oconee Counties.
https://www.safeharborsc.org/
Policy and Procedures Against General Harassment and Discrimination
Anderson University was founded upon a fierce dedication to Jesus as the Christ, through whose life and words we learn how to live. We seek to practice the words of Jesus that underscore the high regard with which individuals should hold one another, summed up in John 15:12, “This is my commandment, that you love one another, as I have loved you.” While this may not seem so great a challenge when “one another” is generally like us, the challenge is greatly increased when “one another” is different, apart from us, even perceived as an enemy.
In Matthew 5:43-47, Jesus noted: “You have heard that it was said, ‘you shall love your neighbor and hate your enemy.’ But I say to you, love your enemy and pray for those who persecute you, so that you may be children of your Father in heaven; for he makes his sun rise on the evil and the good, and sends rain on the righteous and the unrighteous. For if you love those who love you, what reward do you have? Do not even the tax collectors do the same? And if you greet only your brothers and sisters, what more are you doing than others?”
The Jesus who is the cornerstone of this institution challenges us to love those we may find different or even unlovable. It is the work of what Isabel Wilkerson called radical empathy, “putting in the work to educate oneself and to listen with a humble heart to understand another’s experience from their perspective, not as we imagine we would feel.” It is the way of Jesus.
Mission of Anderson University
Anderson University is an academic community, affiliated with the South Carolina Baptist Convention, providing a challenging education grounded in the liberal arts, enhanced by professional and graduate programs and a co-curricular focus on the development of character, servant leadership, and cultural engagement. This is a diverse community that is Christ-centered, people-focused, student-oriented, quality-driven, and future-directed.
Anderson University is committed to creating and maintaining a community free from discrimination and harassment. We prohibit illegal discrimination based on sex, race, age, national origin, ability, pregnancy, military service, or any other legally protected status. We do this in accordance with the foundation of our faith and in concert with applicable federal and state laws.
The University will promptly respond to any report of discrimination or harassment of any kind about which it has actual knowledge, with the aims to stop the behavior, prevent its recurrence, and provide remedies for the person or persons who have experienced the behavior.
PLEASE NOTE: If you believe that you have experienced sexual harassment or sexual misconduct, please contact the Title IX Office (Ldking@andersonuniversity.edu) or 864.231.2026. The Title IX Coordinator will determine where the situation is to be dealt with.
The following grievance procedure explains:
- the legal definitions of harassment and discrimination
- the ways in which reports of discrimination or harassment are received and by whom;
- the process of investigating allegations of harassment/discrimination;
- the resolution of complaints of harassment or discrimination.
Questions Regarding this Procedure: Please forward questions regarding these procedures to:
Mr. Jon Gropp Ms. Amy Porpilia
Associate Vice President/Dean of Students Director of Human Resources
Office: Student Center 3rd floor Office: 316 Kingsley Road
Phone: 864.622.6014 Phone: 864.231.2161
jgropp@andersonuniversity.edu aporpilia@andersonuniversity.edu
The Associate Vice President for Student Development/Dean of Students, the Human Resources Director, and the Section 504 Grievance Coordinator will work with the Vice President for Diversity and Inclusion to ensure that this policy and procedure statement is disseminated to students and employees.
Anderson University believes its students, faculty members, employees, vendors and campus guests should be able to enjoy an environment free from discrimination and harassment based on an individual’s race, age, national origin, ability, pregnancy*, sex*, military service, or any other legally protected status. Discrimination and harassment based on sex, gender and pregnancy is generally addressed through the University’s Grievance Procedure for Title IX Compliance. For cases that do not qualify as Title IX cases, such harassment will proceed under this procedural section. The Title IX Coordinator will determine under which procedure a given situation may fit.
Non-Title IX Harassment and discrimination may happen in many forms and may include: verbal or physical conduct that defames or shows hostility toward an individual because of his/her race, color, religion, sex, pregnancy, national origin, age, ability, veteran, or any other legally protected status, or that of the individual’s relatives, friends, or associates; creates or is intended to create an intimidating, hostile, or offensive working or learning environment; interferes or is intended to interfere with an individual’s work or educational performance; or otherwise adversely affects an individual’s employment or educational opportunities. Further information is available in “Definitions” below.
The following words in this policy, when capitalized, mean the following:
Complainant: an individual who is alleged to be the victim of conduct that could constitute any form of discrimination.
Consent: South Carolina does not specifically define “consent.” A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:(a) The actor uses aggravated force to accomplish sexual battery;(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act; or (c) The actor causes the victim, without the victim’s consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance. S.C. Code Ann. § 16-3-652.
“Aggravated force” means that the actor uses physical force or physical violence of a high and aggravated nature to overcome the victim or includes the threat of the use of a deadly weapon. S.C. Code Ann. §16-3-651(c). A person is guilty of criminal sexual conduct in the second degree if the actor uses aggravated coercion to accomplish sexual battery. S.C. Code Ann. § 16-3-653(1). “Aggravated coercion” means that the actor threatens to use force or violence of a high and aggravated nature to overcome the victim or another person, if the victim reasonably believes that the actor has the present ability to carry out the threat or threatens to retaliate in the future by the infliction of physical harm, kidnapping or extortion, under circumstances of aggravation, against the victim or any other person. S.C. Code Ann. § 16-3-651(b). A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven: (a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances; or (b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery. S.C. Code Ann. § 16-3-654. “Mentally defective” means that a person suffers from a mental disease or defect which renders the person temporarily or permanently incapable of appraising the nature of his or her conduct. S.C. Code Ann. §16-3-651(e). “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct whether this condition is produced by illness, defect, the influence of a substance, or from some other cause. S.C. Code Ann. § 16-3-651(f). “Physically helpless” means that a person is unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. S.C. Code Ann. § 16-3-651(g).
From these state crime definitions, we may extrapolate the following about consent:
- A person has not consented if that person is forced into sexual behavior;
- A person has not consented if that person believes that the other person(s) is/are able to carry out a threat or retaliate against them or someone else;
- A person has not consented if that person has been coerced;
- A person who is either temporarily or permanently incapable of understanding the nature of their conduct cannot consent;
- A person who is mentally incapacitated, whether due to illness, the influence of alcohol or some other substance, or some other cause, cannot consent;
- A person who is unconscious, asleep, or otherwise physically helpless and unable to communicate their unwillingness to act cannot give consent.
In short, consent must be clearly given, free of anything that might cause that person to do something they may not otherwise do.
Document: a document or electronic submission (such as by email) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint.
Harassment: Harassment may happen in many forms and may include: verbal or physical conduct that defames or shows hostility toward an individual because of his/her race, color, religion, national origin, age, sex, pregnancy, ability, veteran, or any other legally protected status, or that of the individual’s relatives, friends, or associates; creates or is intended to create an intimidating, hostile, or offensive working or learning environment; interferes or is intended to interfere with an individual’s work or educational performance; or otherwise adversely affects an individual’s employment or educational opportunities (provided that conduct does not meet the standards of Title IX - see below).
Harassing conduct may include but is not limited to: Epithets; slurs; negative stereotyping; threatening, intimidating, or hostile acts that relate to an individual’s race, color, religion, national origin, age, sex, pregnancy, ability, veteran, or any other legally protected status; or, written or graphic material that defames or shows hostility or aversion toward an individual or group because of an individual’s legally protected status, and that is placed on walls, bulletin boards, or elsewhere on the University’s premises, is expressed or shared on social media, or that is otherwise circulated on the campus. Harassment is more than conduct with which you disagree or personally find offensive. It is unwelcomed speech or conduct determined by a reasonable person to be so sever, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education programs or activities.
Certain instances of Sexual Harassment may fall outside of Title IX. In these situations, Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of employment or a student’s education, submission to or rejection of such conduct by an individual and is used as the basis for employment or education decisions, or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or education or creating an intimidating, hostile or offensive working or learning environment.
Investigative Report: The written report created by the Investigator that fairly summarizes all relevant evidence obtained during the investigation of a Complaint.
Investigator: The person designated by the University to investigate a Complaint. If more than one person is designated, this term refers to all the Investigators.
Party: Either the Complainant or the Respondent.
Parties: All Complainants and all Respondents with respect to a complaint of Harassment or with respect to multiple Formal Complaints which have been consolidated.
Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment or other form of discrimination.
Supportive Measures: non-disciplinary, non-punitive individualized services offered to the Complainant or the Respondent (or one who may become a Respondent) before or after the filing of a Formal Complaint or where no Formal Complaint has been filed.
If both Parties are students, the report or complaint will be dealt with by the Office of Student Conduct. If both Parties are employees, the report/complaint will be dealt with by the Director of Human Resources or designee. If one of the Parties is a student and the other is an employee, the Director of Human Resources or designee will work with the Student Conduct Office to ensure that the rights of the respective Parties are protected. Complaints by former students will be addressed under this policy as determined to be appropriate.
Anderson University is committed to preventing and remedying harassment or illegal discrimination, of which it has actual knowledge, based on an individual’s race, color, religion, national origin, age, sex, pregnancy, ability, veteran status, or any other legally protected status from fellow students, employees, or guests. Reports may be made to any member of the Student Development Staff, to any Title IX Coordinator of Deputy Coordinator, or any University administrator (president, vice presidents, deans, directors), and the report will be forwarded to the Offices of Student Conduct and/or Human Resources for investigation.
Depending on the parties involved, either the Office of Student Conduct or Office of Human Resources is tasked with the following:
- Receive reports or complaints of discrimination or harassment based on any form of legally protected status not covered by Title IX (Communication with the Title IX coordinator may occur to determine applicability of Title IX);
- Oversee the investigative process;
Ensure that the investigation is conducted in a way that is without bias, partiality, or conflicts of interest. The investigator(s) will be able to identify unlawful Harassment, recommend appropriate corrective action and remedies, and take other appropriate action to remedy the damaging effect
- of any prohibited discrimination, including interim protection of the Complainant during the course of the investigation;
- Determine whether, based on circumstances, appropriate law enforcement should be contacted.
Any student who has an experience that they believe to be harassment or discrimination based on race, color, religion, national origin, age, ability, sex, pregnancy, veteran, or any other legally protected status, whether by a student, employee, contract worker, or campus visitor, should report the alleged act immediately to an appropriate individual. This may include the Associate Vice President and Dean of Students, an RA, Residence Director, or any other Student Development staff member; the Title IX Coordinator or Deputy Coordinators; or any administrator (president, vice presidents, deans, directors).
Any employee who has an experience that they believe to be harassment or discrimination based on race, color, religion, national origin, age, ability, sex, pregnancy, veteran, or any other legally protected status, whether by a student, employee, contract worker, or campus visitor, should report the alleged act immediately to the Director of Human Resources or another appropriate individual. This may include the Title IX Coordinator or Deputy Coordinators; or any administrator (president, vice presidents, deans, directors). In some cases, interim measures may be taken before the investigation and conduct process has been completed in order to eliminate or diminish the opportunity for additional discrimination or harassment or to alleviate the effects of the conduct that is the subject of the report. Any interim sanctions will respect the rights of all involved individuals to be treated with fundamental fairness.
Anyone other than the above who receives a report of harassment or discrimination should encourage the person reporting to also report the incident to the Associate Vice President and Dean of Students or Director of Human Resources. The person who received the report should also notify the Associate Vice President and Dean of Students or the Director of Human Resources but should not screen the report or make any attempt at investigating the report. If the report was received orally, the person who received the report is to provide a written statement of the alleged facts as known to the designated individual as quickly as possible, but not later than three (3) business days after receiving the report.
Reports may be made by the individual who has experienced the alleged discrimination or harassment, or by the person with whom that individual has shared the experience, in the following ways:
- In person during normal business hours;
- At any time during or outside of normal business hours by postal mail, telephone, or email; or
- At any time using any other means that results in the Associate VP/Dean of Students or Director of Human Resources receiving the verbal or written report.
Anderson University will respect the privacy of the person bringing the complaint (the Complainant), the individual against whom the report is filed (the Respondent), and any witnesses to the extent possible within our ability to thoroughly investigate, to take appropriate action, and to conform to any other obligations. Anderson University cannot guarantee confidentiality.
Upon receipt of a report or complaint alleging any non-Title IX form of illegal harassment based on an individual’s sex, pregnancy, race, color, religion, national origin, age, ability, veteran or any other legally protected status, the Associate Vice President/Dean of Students or Director of Human Resources will immediately undertake or authorize an investigation. The investigation will begin as soon as is practicable.
Although not required, it may be possible to resolve a complaint through a voluntary conversation or process between the Complainant and the Respondent, through mediation or restorative justice. Such efforts will be facilitated by the Associate Vice President/Dean of Students or Director of Human Resources or their trained designee. If the Complainant and the Respondent feel that a resolution has been achieved, then a document signed by each party will be placed in the investigation file and no further action will be taken.
Regarding an Informal Resolution:
- Both parties must agree voluntarily and in writing to the Informal Resolution process.
- Either party may opt out of the Informal Resolution process and proceed to the Formal Resolution process at any time before a decision is rendered.
- Once a resolution is reached, the same set of facts may not be brought forth for a Formal Resolution or under Title IX.
- The Informal Resolution will not be used when a student is a Complainant and an employee is a Respondent.
When a formal complaint of harassment or discrimination is received, a formal resolution process will be initiated by the Associate Vice President/Dean of Students or the Director of Human Resources. The Complainant may request the initiation of a formal investigation at any point in the process, even when an informal mediation process was initially begun. The respective staff member will complete a formal written statement based on the written or verbal allegations of the Complainant. The Complainant will be asked to read and sign the statement to verify its accuracy. This report will be maintained in a secure location in the office in which it was filed.
Upon completion of the initial statement, a formal investigation will be conducted by the Associate Vice President/Dean of Students, the Director of Human Resources, or their designee(s). The investigation will consist of personal interviews with the Complainant, Respondent, and any others who may have knowledge of the alleged incident or circumstances giving rise to the report. The investigation may also include review of documents, electronic communications or records, and any other materials or information sources deemed pertinent by the person(s) conducting the interviews. Depending on the circumstances, the Respondent may not initially be informed of the identity of the Complainant but will be sufficiently informed of the allegations and the facts surrounding the allegations. In determining whether the alleged conduct constitutes a violation of this policy, Anderson University may consider the surrounding circumstances, the nature of the behavior in question, past incidents, past or continuing patterns of behavior, the relationship between the parties involved, and the context in which the alleged incidents occurred.
Whether a particular action or incident constitutes a violation of this policy requires a determination based on the facts surrounding the circumstances. In all cases, standards for a civil rights investigation and finding will be followed. In determining the appropriate response to a finding that the Respondent’s behavior violates the Anderson University harassment policy, the formal resolution process will consider, among other factors:
- What response is most likely to end any ongoing harassment;
- Whether a particular response is likely to deter similar future conduct by the harasser or others;
- The amount and kind of harm suffered by the victim of the harassment;
- The position and/or relationship between the parties involved;
- How to best remedy the effects of the harassment on the Complainant.
The Associate Vice President/Dean of Students or Director of Human Resources has the discretion to take immediate steps to protect the Complainant, Respondent, students, staff or faculty members pending completion of an investigation of alleged harassment or violence. The investigation will be completed as soon as practicable, but within a reasonable time frame. If the investigation involves only students, the results of the investigation will be provided in writing by the Associate Vice President/Dean of Students to the Complainant, the Respondent, and the Senior Vice President for Student Development. If the Respondent is an employee, the results of the investigation will be provided by the Director of Human Resources to the appropriate Senior Vice President to whom the employee reports. The report will include the determination of whether it is more likely than not that the allegations are true and whether they constitute a violation of this policy and/or federal regulations and guidelines.
Investigations that conclude that a violation of policy has occurred will result in a prompt and appropriate response intended to end the harassment, remedy its impact on the Complainant, and prevent its recurrence.
In the case of a finding that a student is responsible for violating the civil rights of another member of the AU community, the Office of Student Conduct may respond with sanctions deemed appropriate to the specific offense. Sanctions may include but are not limited to:
- Warning: A notice in writing to the student that the student is violating or has violated institutional regulations.
- Probation: A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe sanctions if the student is found to violate any other institutional regulation(s) during the probation period. Probationary status may affect participation in student organizations, intercollegiate athletics, financial aid eligibility, and transfer to another institution.
- Loss of Privileges: Denial of specified privileges for a designated period of time. Such privileges include residence hall visitation, employment, parking, involvement in clubs and organizations, extra-curricular activities, athletics, performance groups, internships (including student teaching), or other privileges appropriate to the violation.
- Educational Assignments: Student may be required to complete educational assignments related to the violation. Assignments may include seminars, research, reflection papers, or online courses.
- Parental Notification: On occasion the student may be asked to notify his or her parent(s) or guardian(s) of the policy violation. The parent or guardian will then be asked to verify the notification by contacting the appropriate Student Development staff member. This sanction is imposed only with the student’s consent unless permitted by applicable law, including the Family Educational Rights and Privacy Act.
- Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Discretionary Sanctions: Work assignments, service to the University, or other related discretionary assignments (such assignments must have the prior approval of a Student Development Dean).
- Residence Hall Suspension: Separation of the student from the residence halls for a definite period, after which the student may be eligible to return. Conditions for readmission may be specified.
- Residence Hall Expulsion: Permanent separation of the student from the residence halls.
- Suspension: Separation of the student from the University for a definite period, after which the student may be eligible to return. Conditions for readmission may be specified.
- Expulsion: Permanent termination of student status. Student is not eligible to return to Anderson University.
- Additional Responses: In addition to the above responses, conduct officers in the Division of Student Development may use other sanctions when deemed necessary and appropriate. These may include but are not limited to: notification of faculty, coaches or other staff members as appropriate; residence hall relocation; restrictions from areas of campus; reassignment of a class or classroom; harassment or sensitivity training; or counseling or mentoring.
When a violation of policy by an employee has occurred, the Director of Human Resources will work with the Respondent’s supervisor and/or department director, dean, or senior vice president, to determine appropriate consequences, which, depending on the severity of the situation, may include, but are not limited to:
- Informal warning
- Letter of warning in employee’s personnel file
- Harassment or sensitivity training
- Counseling
- Relocation of work area/office
- Restrictions
- Reassignment of work duties
- Suspension
- Termination
While isolated incidents of unwelcomed behavior may not rise to the level of harassment or discrimination, Anderson University does not condone offensive or unwelcomed behavior of any kind or duration and will take whatever action the University deems appropriate to eliminate recurrence of such behavior which is brought to the University’s attention.
Time limits that are set by this procedure are designed to achieve a prompt and appropriate resolution of reports of discrimination. The University, however, intends to be equitable, and, if the Associate Vice President/Dean of Students or Director of Human Resources determines that equity requires a variation from these time frames, the process may deviate from them. Any deviation in time frames will be communicated in writing to both parties. The time frames will typically be:
- Informal Resolution - 50 business days
- Formal Resolution - 65 business days
- Appeal - 20 business days
Either party may request an appeal of the initial decision by providing a written request for appeal. For students, appeals should be sent to the Sr. Vice President for Student Development. For employees, staff appeals should be sent to Sr. Vice President for Brand and Marketing, and faculty appeals should be sent to the Provost. All appeals must be received within three (3) business days after the written finding has been delivered. Both the Complainant and the Respondent will be given notice that the appeal request has been made and be given an opportunity to respond.
Appeals may be granted only for one of the following reasons:
- The Party has new and significant evidence that was not available for consideration during the investigation.
- The procedures of the General Harassment Policy and Procedures were not followed as published.
- The sanctions imposed are not appropriate to the findings of the investigation.
The decision on appeal will be delivered in writing to both Parties. Once the appeal has been decided, the process is concluded.
Neither the University nor any other person may engage in retaliation against an individual because the individual has made a report or complaint or testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under this grievance procedure. Retaliation will result in discipline, up to and including immediate termination.
All records of the investigation, including evidence, notes from testimony, and correspondence, will be retained for seven years.
Disclosure of Directory/Public Information
Certain items are considered to be public information and may be released by the University without written consent unless the University is instructed to withhold such information from the public. Items of public information are student name, address, campus email address, telephone number, dates of attendance, enrollment status, current registration hours, classification (freshman, etc.), program (major and minor fields of study), degrees and awards received, anticipated degrees and anticipated graduation date, previous educational institutions attended, recognitions, participation in officially recognized activities and sports, weight and height of varsity athletes, photographic, video, or electronic images of students taken in association with university activities or on campus and maintained by the university
Drone Use on Campus
For reasons of safety and privacy, Anderson University prohibits launching, landing, or operating unmanned aircraft of any form or kind, on or over the University’s campus without written permission from the Campus Safety Office. This prohibition applies to students, employees, and guests. Any violation of this policy will result in the confiscation of the device and may result in other sanctions or criminal prosecution.
Any Anderson University student who is serving in a role representing the University, participating in a University sponsored activity, and/or resides in University housing, regardless of the time of year must abide by the Student Conduct and Expectations section of the Student Handbook through the calendar date of their role. Some examples include but are not limited to student employees, summer housing students, base camp guides, resident advisors, athletes, etc.
Family Educational Rights and Privacy Act (FERPA)
As a Title IV Federal funds-granting institution, Anderson University is required to comply with the Family Education Rights and Privacy Act (FERPA). This policy outlines the FERPA rights of eligible students.
The Family Educational Rights and Privacy Act affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:
o The right to inspect and review the student’s education records within 45 days after the day Anderson University receives a request for access. A student should submit to the University Registrar a written request that identifies the record(s) the student wishes to inspect. The University Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University Registrar, the student will be advised of the correct university official to whom the request should be addressed.
o The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
A student who wishes to ask the University to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If the University decides not to amend the record as requested, the University will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
o The right to provide written consent before Anderson University discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
o The University discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by Anderson University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the Board of Trust; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of Anderson University who performs an institutional service of function for which the University would otherwise use its own employees and who is under the direct control of the University with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Anderson University.
o Anderson University may disclose PII from the education records without obtaining prior written consent of the student:
o To authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the University’s State- supported education programs. Disclosures under this provision may be made in connection with an audit or evaluation of Federal-or State-supported education programs, or for the enforcement of or compliance with the Federal legal requirements that related to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation or enforcement or compliance activity on their behalf.
o In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.
o To organizations conducting studies for, or on behalf of, the school, in order to: (1) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.
o To accrediting organizations to carry out their accrediting functions.
o To parents of an eligible student if the student is a dependent for IRS tax purposes.
o To comply with a judicial order or lawfully issued subpoena.
o To appropriate officials in connection with a health or safety emergency.
o Information the school has designated as “directory information.”
o To a victim of an alleged perpetrator of a crime of violence or a nonforcible sex offense. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
o To the general public, the final results of a disciplinary proceeding if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her.
o To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21.
o The disclosure concerns sex offenders and other individuals required to register under section 17010 of the Violent Crime Control and Law Enforcement Act of 1994.
If you believe that your FERPA rights have been violated please file a complaint with the Office of the Registrar which will investigate the claim.
Contact: Office of the Registrar
registrar@andersonuniversity.edu
864-231-2120
You also have the right to file a complaint with the U.S. Department of Education concerning alleged failures by Anderson University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office U.S. Department of Education
400 Maryland Avenue, SW Washington, DC 20202
Good Samaritan Policy
In crisis situations where a student becomes incapacitated by the overuse of alcohol and/or drugs and where medical attention is necessary for the individual’s safety, Anderson University strongly encourages fellow students and/or bystanders to take responsible action by calling emergency personnel at 911 and Campus Safety (231.2060).
When authorities are called in such circumstances, no formal University disciplinary actions or sanctions will be assigned to the reporting student(s) or the affected individual. If the incident occurs on-campus, Residence Life personnel will be included in the response and the Student Development deans will be notified. The incident will still be documented, and educational and/or health interventions may be required as a condition of deferring disciplinary sanctions. This policy is not intended to protect repeated, flagrant, or serious violations of Anderson University policies, nor does this policy preclude or prevent action by police or legal authorities.
Information Technology Policy
Anderson University provides access to various forms of electronic communications and information technology systems and equipment including computers, internet, voicemail, and email to its students and employees (defined as full or part-time faculty or staff) who comply with the Electronic Communications Systems and Equipment Use Policy. Such access is available only to eligible students and employees and may be revoked at any time. In general, Anderson University’s electronic communications and information technology systems and equipment are intended for the sole purpose of supporting the educational, management, and operational needs of the University. All computers, terminals, hardware and software are the property of the University. Students and employees should have no expectation of privacy regarding files and data residing on their assigned computer discs, computer system, email or other electronic communication systems or equipment. The University reserves the right to monitor any electronic communications and information technology systems and equipment, including computer activity or electronic mail, to assure that the systems are being used for appropriate and legitimate purposes. Anderson University reserves the right to inspect the computer files of any computer terminal at any time, with or without notice, at its sole discretion. Only authorized software is permitted on the University’s computers. Individuals should be aware that passwords do not indicate any right of privacy and Anderson University is entitled to monitor or inspect computer, telephone, pda files, or other components of its electronic communication systems or equipment any time, with or without notice. This policy may be amended or revised periodically as the need arises.
Inappropriate Uses of Internet Access
There are numerous appropriate uses of the internet: email, bulletin boards, access of information on the web, etc. The University encourages the educational and appropriate use of these resources. All uses of the internet resources should be consistent with the University’s stated mission, Christian values and wholesome campus culture, and policies as put forth in the University Catalog and other University publications. All users of Anderson University computing resources are expected to abide by the following guidelines:
Access
a. Users are to refrain from disclosing their access codes/passwords to anyone and will be responsible for any use of those accounts by others to whom access has been given. It is recommended that users change their passwords periodically to prevent unauthorized use of their accounts.
b. Individuals are to send email only from their personal email address.
c. Users should be advised that undeliverable email will be delivered to the Postmaster at the Information Systems Office, and misdirected email can be read by unintended recipients.
d. Please pay close attention to addressees, to ensure that only appropriate recipients will receive emails. When replying to an email, only use the ‘Reply All’ feature when absolutely necessary.
e. The visiting of pornographic sites and any sites of an immoral or obscene nature is prohibited. Also, the illegal downloading of music and/or literary material is prohibited.
f. Please be cautious of visiting internet sites that can cause virus attacks on personal computers that are connected to the University network. Also be cautious of opening email from unknown senders, especially if they contain an attachment. Such emails could be carrying a damaging virus.
Commercial Use
Since Anderson University is defined as an educational rather than commercial site on the internet, the Office of Information Technology reserves the right to restrict accounts or individual web pages which are used for commercial purposes. Approval must be granted from the Office of Information Technology for commercial purposes. Approvals may be revoked at any time by the University.
Illegal Use
Users are prohibited from any use of electronic communication and computing resources that violates Federal, South Carolina, or any other law.
Harassing and/or Obscene Material and Internal SPAM
a. Internet users at Anderson University are prohibited from displaying or distributing material (text, audio, or video) which is obscene, harassing, discriminatory, libelous, or deemed otherwise threatening or offensive, or which is in any way inconsistent with Anderson University’s stated mission and values. Displaying or distributing such information will be considered a violation of the University’s policies, which prohibit the distribution of obscene materials and harassment.
b. Users are prohibited from sending information via email that is obscene or harassing as defined by Anderson University’s stated mission and values.
c. Users are to refrain from making public to Anderson University users any obscene materials or direct links to other locations on the internet through the internet, or any other related systems.
d. Users are to refrain from sending multi-recipient emails that are unnecessary. Email groups that contain a large number of addresses will only be used by authorized personnel.
e. Users are prohibited from sending campus-wide emails that express personal opinion or are of a political or otherwise inappropriate nature.
f. The obscenity standards are as follows:
1. Materials in which a reasonable person, applying contemporary Anderson University community standards, when considering the contents as a whole, would conclude that they appeal to prurient sexual/physical interests or violently subordinating behavior rather than an intellectual or communicative purpose; or
2. Materials that, taking into regard their content and their particular usage or application, lack any redeeming religious, literary, scientific, political, artistic, or social value.
Internet-Based Social Networking Sites
Anderson University strongly encourages the use of restraint and good judgment by its students when participating in social media. If a student does participate in this type of communication, the University encourages him/her to exercise good judgment in posting any information, as these sites can be viewed by anyone and may by used by viewers for unintended purposes. Students are reminded that potential employers are increasingly searching these sites in making hiring decisions. Students who post information and/or photographs on such sites that are inconsistent with the policies and Christian values of the University or damaging to the reputation of the University (including but not limited to obscene material, foul language, harassing statements, sexually suggestive language or photographs, or statements that defame the University) may be subject to discipline by the University, including but not limited to probation, monetary and service fines, loss of institutionally funded scholarships, suspension, or expulsion, or in the case of employment, termination. This holds true even if the student or employee did not use University computers or systems to create the posted information.
Political Material
While Anderson University encourages civic engagement and appropriate involvement in the political processes of government, computers, email and the University’s website may not be used for the promotion of political candidates or partisan causes. To do so may subject the student to discipline by the University, including but not limited to warnings, directives to remove inappropriate content, demotion, or termination of employment.
Users are prohibited from performing any act that will impair the operation of any facet of the computing resources of the University or the resources of any recipient of the information. Such acts include knowingly injecting computer viruses and sending excessively large mailings, large print jobs, batch programs, ‘junk mail’ (including chain letters), etc. Those who use computing resources for recreational, entertainment, personal and extracurricular work are to yield to those who have academic related need for computing resources or facilities. Examples of non-course-related work are playing computer games, printing personal or extracurricular materials (invitations, announcements, resumes, etc.), and chatting to personal friends. In periods of high demand, these uses may be disallowed in public facilities.
Procedures for Dealing with Violations
The University reserves the right to suspend/delete content of personal web pages or email on or linked to the University website, on computers, or on the computing system that constitutes a violation of this policy, is in conflict with the University’s stated mission and values, or violates any provision or limitation of the Electronic Communications and Information Technology Systems and Equipment Use Policy.
Student Violations
Individuals may report incidents of harassment or obscene material or direct links involving students’ internet use to the Senior Vice President for Student Development, who will review any complaint per established University judicial procedures as outlined in the student handbook. Possible sanctions include but are not limited to the deletion from Anderson University servers’ materials or direct links to other locations on the Internet which are found to be obscene, loss of computer resource privileges, and other sanctions available within the judicial processes, up to and including expulsion.
Email Privacy
Electronic mail enables users to place information quickly and directly into another person’s computer where it can be retrieved, read, revised, stored indefinitely, downloaded, or responded to immediately. Email has made employment and academic activities of the University more efficient by enabling us to make better use of our time and by reducing paperwork. However, there is a deceptive aura of privacy that surrounds email that can mislead persons to believe that private, hostile, or unlawful statements can be confidentially communicated through email. In addition, proprietary or potentially embarrassing information can be accidentally or purposely sent within the University and to others outside the University.
To avoid these problems, remember the following:
1. Anderson University’s email system exists for use by faculty, staff, and students in carrying out their employment and academic activities. It is not intended for personal use.
2. Do not disclose your access codes/passwords to anyone.
3. Send email only from your personal email address. The privacy of e-mail sent or received on University systems and/or equipment cannot be guaranteed.
4. Prior to sending an email message, ask yourself whether you would feel comfortable if the text of the message were posted on a bulletin board on campus or printed in the newspaper. Would public disclosure cause unnecessary embarrassment or create legal liability for yourself or the University?
5. There should be no expectation of privacy of email sent or received on University systems and/or equipment.
6. If the email pertains to a student, it is likely to be an “education record” that the student will have the right to inspect and review.
7. The use of private “mailboxes” and passwords in an email system does not provide any privacy from people who will see email forwarded, printed out, or left displayed on an unattended computer screen.
8. Anderson University makes no representations regarding the security of the email system.
9. If Anderson University is involved in an investigation or litigation, email messages (or other computer content) may be monitored and/or read by the University as part of an investigation, in the discovery process, and may be publicized in a trial.
Effective as of: July 1, 2007
Missing Student Policy
Anderson University takes student safety very seriously. To this end, the following policy and procedure have been developed in order to assist in locating Anderson University student(s) living in University-owned, on-campus housing who, based on the facts and circumstances known to the University, are determined to be missing. This policy is in compliance with Section 488 of the Higher Education Act of 2008. Most missing person reports in the university environment result from a student changing his or her routine without informing roommates and/or friends of the change. However, anyone who believes a student to be missing should immediately report this concern to the Campus Safety Office or the Residence Life staff. Every report made to the campus will be followed up with an immediate investigation once a student has been missing for 24 hours.
Depending on the circumstances presented to University officials, parents of a missing student may be notified. In all cases involving missing students less than 18 years of age and not emancipated, parents or guardians will be notified. In the event that parental notification is necessary, a Student Development staff member will place the call. At the beginning of each academic year, residential students will be asked to provide emergency contact information in the event they are reported missing while enrolled at Anderson University. This confidential emergency information will be kept in the Office of Residence Life and will be updated each semester. It will be utilized only by authorized campus officials and law enforcement officers in the furtherance of a missing person investigation. Local law enforcement will be notified that a student is missing even if the student has not registered a contact person.
Eligible students who live off campus are expected to act responsibly and to avoid conduct that is detrimental to themselves or the University, both on-campus and away from campus. Furthermore, Anderson University students are expected to show respect, concern, and dignity to the members of the community. University policy applies to students enrolled or serving as a representative of Anderson University whether the student resides on or off campus. Specifically, the University’s community standards extend to any conduct that adversely affects the University community, the University’s reputation, and/or the pursuit of its mission and objectives regardless of where an incident occurs.
The University will work with neighbors and City of Anderson Officials to enforce these expectations, including possible disciplinary responses, from the University, to students who are found to be in violation of policies or expectations.
Should a complaint be submitted by a student, faculty, staff or community member regarding a possible conduct concern, the Student Development Office will make contact with the student(s) involved to gather additional information. If it is determined that a violation has occurred, students will be subject to the student conduct process.
Below are several examples of off campus behaviors that are policy violations and will result in disciplinary action.
- Any act or behavior that does not align with Anderson University Community Standards.
- Behavior that violates local, state, and federal laws or ordinances related to disorderly conduct, illegal parking, trespassing and noise.
- Living with more than four unrelated individuals in the same house or apartment.
- Often times students assume they can save money by splitting the rent of an off campus rental house by loading it up with as many students as possible. However, the City of Anderson has a law that prohibits more than four unrelated persons to occupy the same house or apartment. This law is in place to prevent landlords and their occupants from turning quiet residential neighborhoods into unintended rental neighborhoods with more people and more cars than permanent residents want. This also gives Anderson University a bad reputation in our surrounding community and makes residents unnecessarily upset with the University. Because of increased complaints from local citizens and the associated deterioration of the University’s goodwill in the community, students who live off campus and choose to break this law or fail to disclose to the University that they are sharing a space with more than four individuals, will be subject to the following:
- Fines from the City of Anderson
- Court costs associate with the City of Anderson’s action against you and your landlord
- Substantial fines to you from Anderson University – the fine will be equal to the cost of housing per semester with transcripts held until the fines are paid
- Placed on probation by Anderson University and may be required to move back on campus
- Living more than one semester off campus with more than four individuals may also result in suspension from the University.
- Participation in disruptive gatherings
- The City of Anderson prohibits unreasonably loud noises or disturbances.
- Behavior that adversely affects the quality of life of neighbors or community members
- The City of Anderson requires tenants and owners to cut and mow grass on a regular basis.
- Acts that negatively affect the University community, the University reputation and the mission and objectives of the University
- Parking in non-designated parking areas such as on lawns
Being a Good Neighbor:
Students who live off campus are expected to be good neighbors and to show hospitality as the Scriptures remind us in Hebrews 13 1-2:
“Keep on loving one another as brothers and sisters. Do not forget to show hospitality to strangers, for by so doing some people have shown hospitality to angels without knowing it.”
Being a good neighbor means that students will be active and positive participants in their neighborhood. Below is a list of expectations for all students living off campus.
- Be sure to introduce yourself to neighbors and exchange contact information
- Be aware of your neighbor’s routine and realize that their lifestyle is probably different than a college student’s
- Be mindful of your noise levels, especially in the evening
- Make sure that your guests leave quietly
- Respect your neighbor’s property by not walking on their grass
- Be sure to park in designated parking areas (paved spaces) and do not park on lawns
- Establish a routine of lawn care and garbage disposal
- Keep your front porch or steps clear of trash or items (shoes, towels, athletic equipment, etc.) other than porch specific furniture
- Be an active participant in neighborhood and community events
Policy for On-Campus Religious Activities and Events at Anderson University
Anderson University Christian Life Division and Campus Ministries office provides many religious activities and spiritual life programming such as large group worship gatherings, small group Bible studies, community groups, and one on one mentor discipleship. The Christian Life and Campus Ministries programs, gathering, and events are for the purpose of spiritual growth and discipleship for all students.
Anderson University encourages local churches to host student small groups/discipleship groups at their church campus. Churches are also encouraged to invite Anderson University students to participate in their church fellowships, Bible studies, discipleship groups, and evangelism groups at the local church facilities or in Church member homes.
Any Bible Study on campus to be held outside of the parameters of AU Campus Ministries must be approved by the office of the Vice President for Christian Life. Any student wishing to sponsor a worship night, small group, or Bible study may only do so within the confines of their residence hall dorm room. Residence hall Bible Studies and/or discipleship small groups must be sponsored by the Residence Director and approved by the Office of the Vice President for Christian Life.
Anderson University does not permit local congregations to meet in university facilities or classrooms except with the approval of the Vice-President of Christian Life and or the Senior Leadership Team.
Student gatherings of a spiritual nature (Bible Studies, worship gatherings, or regular meetings) that seek to establish an organized presence on campus will define their intentions in writing and meet with the Vice President for Christian Life or assigned Director of Campus Ministries for confirmation before they are allowed to reserve university campus space, advertise their meetings, or place an event on the campus calendar.
Possession of Firearms and Other Weapons
All students should be aware that South Carolina law declares it a felony for any person to carry or have in their possession a firearm of any kind at a private or public school, college or university. The law applies to all buildings and residence halls at Anderson University and all adjacent areas, including the campus and parking lots. The maximum penalty is a $5,000 fine or five years in prison.
Anderson University is concerned about the danger firearms may pose on our campus. Possible violations will be reported to the Anderson police for investigation and prosecution. Under no circumstances may a student take a firearm or other weapon described in the student handbook to his or her room, or leave it in a vehicle parked on campus.
Student Physical or Mental Health Emergencies
Anderson University is concerned about the well-being of its students. In order to ensure the wellbeing of all students and a campus climate that is safe and conducive to the success of all students, the University may impose restrictions or sanctions on a student as the result of a physical or mental health emergency. The process for imposing restrictions for physical or mental health emergencies is described below. As with all university policies, the university will apply this policy in a manner that does not illegally discriminate against students on the basis of race, color, national origin, sex, disability, or age.
Significant Medical Procedures and Mental Health Hospitalizations
Students who undergo a surgery, significant medical procedure that requires extended care (e.g., IV treatments, wound dressing) or mental health hospitalization must follow the procedures outlined below prior to returning to their Residence Hall or to the classroom.
• Medical Procedure/Surgery: Any residential student who has surgery that requires general anesthesia or IV sedation will not be allowed to stay in their residence hall for the first 24 hours after the surgery/procedure and must be in the care of a responsible adult. Residential and nonresidential students must follow the post-procedure/surgery instructions from their physician, including when they may return to their residence hall or classes. If the student requests the assistance of Thrive Wellness Health Services with follow-up care they must provide a written order from the attending physician. Intercollegiate athletes must see their assigned team athletic trainer for needs assessment.
• Mental Health Hospitalization: Students who undergo hospitalization related to mental illness or a mental health crisis are required to make an appointment with a counselor in Thrive Wellness before returning to class or their residence hall. The Thrive staff will review all discharge paperwork and determine, in an interactive process with the student, whether the student is ready to return to campus life. The Thrive staff will communicate the outcome of the meeting with the Dean of Students or Associate Vice President for Student Development (AVP) when appropriate.
• To assist the student with their transition back to campus life, a member of the Thrive staff may create a Plan of Care that outlines any required follow-up care and support options within the campus community.
Responses and Interventions
The following services are available to assist students who experience physical and mental health incidents.
• The Center for Student Success will notify a student’s faculty that he or she will be missing class due to a medical concern. In non-emergency incidents, students must contact the Center for Student Success to ask that notification be sent to their faculty.
• Thrive Wellness is available for both medical and mental health counseling.
• When necessary, The Center for Student Success will assist with providing accommodations in residence hall rooms and classrooms.
• Student Development Staff may develop a Student Care Plan to assist the student in making the transition back to campus life.
Immunization Waiver
Students who signed an immunization waiver on entry to the university and who are not actively vaccinated will be required to leave campus if a threat of communicable illness related to these immunizations is identified by the Medical Director or the Director of Health Services. Per the waiver that the student signed, the student has agreed to the following:
• The student will immediately leave the university (courses, residence hall, and participation in any university-related function) if a threat of a communicable illness related to these immunizations is identified by the Medical Director or the Director of Health Services. If the threat of exposure does not resolve in time for the student to resume and complete course work for the semester, the student may either 1) request a Medical Withdrawal; 2) request Incomplete grades if the student meets the criteria and if faculty are in agreement (see Academic Catalog).
• The student or parent will not hold Anderson University liable for any personal loss (financial, academic credit, etc.) incurred due to the absence sustained while the student is required to be away from the university. Anderson University offers insurance to help mitigate losses due to withdrawal during a semester.
Emergency Procedures
If a student requires assistance because of an immediate crisis or life-threatening situation, call 911 and then notify Anderson University Campus Safety office at 864-231-2060.
Threat to Self or Others
If a student observes anyone harming, attempting to harm, or stating an intent to harm himself, herself, or another person, the student should report the matter immediately to her or his Residence Director or Resident Advisor, the Residence Life Office, Campus Safety, or Thrive Wellness Center.
Individual Threat Assessment
The Dean of Students or Associate Vice President (AVP) for Student Development will assemble the Threat Assessment Team (TAT) to begin an individual threat assessment of a student if there is reason to believe that the student has:
(a) engaged in or threatened to engage in behavior which creates a direct threat to the health or safety of another person or a high probability of substantial harm to the student himself or herself; (b) contracted a contagious disease or virus which creates a direct threat to the health or safety of another person or a high probability of substantial harm to the student; (c) caused or is likely to cause a substantial disruption in the university’s academic or other programs.
The Threat Assessment Team will include representatives from Thrive Wellness Center, Student Success, Residence Life, and Campus Safety along with such other persons as the Dean or AVP may select. The assessment will be based upon the student’s conduct, actions, and statements in order to create an individualized and objective assessment of the student’s ability to participate safely in the school’s programs. The team will consult when necessary with external medical or mental health professionals to assist in collecting or interpreting any information. Unless the circumstances make it impractical or impossible, the student will be given notice that a threat assessment is being made and will be given an opportunity to be heard before any adverse action is taken with respect to the student. Any appropriate accommodations or adjustments will be considered. The student will be assigned a staff member who is familiar with the assessment process to explain the process and serve as a resource and advocate.
The Threat Assessment Team will take action with respect to a particular student only if it is determined that the situation creates a high probability of substantial harm rather than merely a slightly increased, speculative, or remote risk of harm. Action will never be taken on the basis of generalizations or stereotypes about the effects of a particular disability or condition.
In responding to these situations, The Associate Vice President/Dean of Students, on behalf of the TAT, will notify the student of any restrictions or interventions imposed on the student as a result of the threat assessment, which may include:
• Notification of the student’s listed emergency contact
• A required course of medical treatment or mental health counseling
• Removal from university housing
• Removal from one or more classes or activities
• Removal from the campus
• Other or additional restrictions or precautions as may be appropriate
Interventions and restrictions imposed on a student under this procedure are not disciplinary in nature and will not be entered into the student’s educational records as arising from disciplinary violations. However, if the student violates any restrictions imposed, the violation may result in disciplinary action in accordance with the student disciplinary process.
It is the sole responsibility of the student to obtain at his/her expense any services which are necessary as a result of restrictions imposed by the TAT and/or Associate Vice President/Dean of Students or AVP for Student Development, such as alternative lodging or academic tutoring. All alternative lodging arrangements must be approved by the Dean of Students.
Involuntary leave will be treated as a last resort after discussion of reasonable accommodations, such as a reduced course load, change of campus residence, and/or other options. These options will be identified in consultation with the Director of Counseling and the Director of Accessibility Services.
Re-engagement Process
The restrictions or interventions imposed may be removed only with express permission from the Associate Vice President/Dean of Students or Associate Dean of Students. Upon the student’s request, the Associate Vice President/Dean of Students or Associate Dean of Students will clearly communicate to the student a specific re-engagement process, which may include:
• Evaluation by a qualified health care professional: If the situation constitutes a medical or psychological emergency, the student may obtain an evaluation from a local emergency room physician. If the student is currently under the care of a qualified health care professional, that person may evaluate the student. If the student is not currently in treatment, he or she will need to contact the qualified health care provider of his/her choice. If the student needs assistance with this process, he or she may contact the Thrive Wellness Center.
• Communication of evaluation results by the qualified health care professional to the Associate Vice President/Dean of Students or Associate Dean of Students: this will require written authorization by the student to the healthcare professional. Evaluation results must substantiate (1) the readiness of the student to return to residential facilities, classes, and/or campus activities, and (2) any recommendations for continuing treatment. For preliminary purposes, the health care professional may communicate this information verbally. However, it is mandatory that written evaluation results are provided promptly. The Associate Vice President/Dean of Students or Associate Dean of Students will consult with the Director of Thrive Health Center (for medical emergencies) or the Director of the Counseling Center (for mental health emergencies) in order to develop a plan for the student’s return to campus.
• Re-engagement interview with the Associate Vice President/Dean of Students or Associate Dean of Students: the Associate Vice President/Dean of Students or Associate Dean of Students may ask that this interview take place in conjunction with the Health Services Director [for medical emergencies or Director of the Counseling Center [for mental health emergencies]): the student must schedule an interview with the designated individual during office hours (8:30 a.m.- 4:30 p.m., Monday- Friday). If the Associate Vice President/Dean of Students or Associate Dean of Students is not available, the student may contact the Dean of Student Success.
• Coordination of follow-up: the Thrive Wellness Center will assist the Associate Vice President/Dean of Students or Associate Dean of Students with the coordination of follow-up services as needed and to insure the success of the student’s plan for reengagement to campus life and academic endeavors.
• Communication with professors: It is the student’s responsibility to communicate directly with his or her professors to develop a plan for completing the work that he or she missed while absent from classes. The Assoociate Vice President/Dean of Students or Associate Dean of Students, Director of Health Services, Director of the Counseling Center, or the Dean of Student Success may provide support documentation to faculty members at the student’s request and with the student’s written permission.
• After meeting with the student, the Associate Vice President/Dean of Students or Associate Dean of Students may formulate a Student Re-engagement Plan that will outline proactive steps that a student may take to avoid future incidents. The Re-engagement Plan may include the following:
o A commitment to meeting regularly with a counselor or mentor
o A commitment to remain compliant with all prescribed medications
o A list of individuals to contact if support is needed
o A commitment to attend class or tutoring appointments
o A list of activities that a student can participate in to promote a healthy lifestyle
o Other individualized steps that the student and staff agree to
• If it becomes necessary for the student to withdraw from the University, the Associate Vice President/Dean of Students or Associate Dean of Students or other Student Development staff will assist the student with her or his withdrawal in keeping with University policy as outlined in the current Academic Catalog and Student Handbook.
Appeals Process
A student may appeal the decision of the TAT, Associate Vice President for Student Development, or Dean of Students by making a written appeal to the Senior Vice President for Student Development within three (3) calendar days after the decision. The student may submit medical evaluations, statements, or other pertinent information along with the appeal. The Senior Vice President for Student Development will review any material provided by the student, the individual threat assessment, the decision of the Dean or Associate Vice President, and such other information as he or she may consider appropriate. A decision on the appeal will be made within five (5) business days or as soon thereafter as practical. The student will be notified in writing of the Senior Vice President’s decision, which will be final. Any restrictions, interventions, or sanctions will remain in effect before and during the appeal unless the Senior Vice President determines otherwise.
Physical or Mental Health Emergency Procedures
If a student requires assistance because of an immediate crisis or life-threatening situation, the Anderson University Campus Safety office should be notified immediately at 864-231-2060, or you may contact the Anderson Police Department by dialing 911.
If a student observes anyone harming, attempting to harm, or stating an intent to harm himself, herself, or another person, the student should report the matter immediately to her or his Residence Director or Resident Advisor, the Residence Life Office, Campus Safety, Counseling Center or Thrive Wellness Centers.
Residence Life 864-622-6011
Campus Safety 864-231-2060
Counseling Center 864-622-6078
Thrive Wellness 864-622-6078
Solicitation
The University does not encourage or permit solicitation on the campus by individuals or organizations seeking donations or selling items for off-campus groups and fund-raisers. University sponsored organizations must obtain permission from the Director of Student Involvement & New Student Programs for fund-raising projects to be held on campus or off-campus.
Social Media Policy
Social media has become the modern way of expressing an individual’s opinions and thoughts. While individuals generally have the right to express their opinions, the manner and nature in which an opinion is expressed can have significant consequences. Both students and employees are encouraged to review the Core Values of the University. Any posting should uphold the Christian values by which the University stands and be respectful of the dignity and rights and others. We should all lead by example and practice civility towards others.
Anderson University strongly encourages the use of restraint and good judgment by its employees and students from participating in blogs, websites, and other social media sites and apps such as Facebook, Twitter, and TikTok. If an employee or student does participate in this type of communication, the University advises him/her to exercise caution and good judgment in posting any information, as these sites can be viewed by anyone and may be used by viewers for unintended purposes. Students and employees are reminded that potential employers increasingly search these sites in the process of vetting people who are applicants for employment. Students or employees who post information and/or photographs on such sites that are inconsistent with the policies and Christian values of the University or damaging to the reputation of the University (including but not limited to obscene material, foul language, inappropriate provocative statements, satirical statements intended to mock or heckle others, harassing statements, bullying of individuals or groups, sexually suggestive language or photographs, trickery, trolling with an inappropriate intent, emotionally charged rants, support of uncivil and/or illegal activities, racism, hatred, or statements that defame the University) may be subject to discipline by the University. For students, this may include but is not limited to probation, monetary and service fines, loss of institutionally funded scholarships, suspension, or expulsion. In the case of employment, disciplinary actions may include but are not limited to warnings, directives to remove inappropriate content, demotion, or termination. This holds true even if the student or employee did not use University computers or systems to create the posted information.
Student Complaint Procedure
Anderson University strives to achieve the highest standards in providing services to students. However, we recognize that concerns or complaints may arise from time to time. In the event that a student wishes to submit a complaint regarding a university policy, process, or personnel, the university will seek to investigate such instances fairly and thoroughly, ensure the process is unbiased, and resolve the matter at the earliest possible opportunity.
As scripture teaches (Matthew 18:15-17), we encourage students to discuss their concerns with the appropriate individual(s) before initiating a formal complaint. Many issues can be resolved by making an appointment with the appropriate faculty or staff member and calmly and honestly communicating the concern(s).
If the issue cannot be resolved or the student believes they have been treated unfairly or arbitrarily or the university did not follow established policy, the student may submit a formal complaint.
Submitting a formal complaint should not be construed as an appeals process. Many university policies have established appeals processes. Where an appeals process exists, students are expected to follow those steps before filing a formal complaint. In such cases, a formal complaint should only be submitted if the appeals process was not followed.
To file a formal complaint, a student should follow the steps described on the university’ webpage. A student must complete the complaint form in its entirety including providing their identity. Anonymous complaints will not be accepted. Complaints must be submitted within 30 days of the event or circumstance that triggered the complaint.
If a student has a question about the appropriate procedure to address a concern or complaint, the student should contact the office of the provost, studentcomplaints@andersonuniversity.edu.
Student Insurance
All students are recommended to have health insurance. In some instances, certain students may be required to carry health insurance. The University itself does not offer student insurance nor endorse any particular insurance company. If you have questions about health insurance please contact the Health Center at 864.622.6078.
Students are also encouraged to purchase renter’s insurance to help in case of accident or theft which leads to loss of personal property. The University is not responsible for damages or loss to student property due to theft, acts of nature, or other events outside the control of the University.
Theft of Personal Belongings
Anderson University does not assume any responsibility for theft of a student’s personal belongings. If a theft does occur, students should report the theft to the Campus Safety office. The University encourages students to keep a record of any article that has a serial number. In many instances a parent’s homeowner’s insurance will cover all or part of the replacement of stolen articles. Thefts of items or cash valued in excess of $2,000 is considered grand larceny and a felony, and are automatically reported to the local police for disposition in local courts.
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