- A campus police department or campus security department of an institution.
- Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property).
- Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
- An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings.
Under Clery, a crime is deemed “reported” when it is brought to the attention of a CSA or local law enforcement by a claimant, a witness, other third party or even the perpetrator. It doesn’t matter if the persons involved in and/or reporting the crime is associated with Andrew College. The function of a CSA is to report to the official or office designated by Andrew College to collect crime report information (such as the Title IX coordinator or the campus police or security department) those allegations of Clery Act crimes that he or she concludes were made in good faith. CSAs are not responsible for determining whether a crime took place or for apprehending the perpetrator: that is the function of law enforcement personnel. The DoE has stated that the following individuals are examples of CSAs: Dean of Students who oversees student housing, a student center or student extracurricular activities; a Director of Athletics, a team coach, or a faculty advisor to a student group; a student resident advisor or assistant or a student who monitors access to dormitories; and a physician in a campus health center. Examples of individuals who would not meet the criteria for being a CSA include a faculty member who does not have any responsibility for student and campus activity beyond the classroom and clerical or cafeteria staff. Pastoral counselors and professional counselors (i.e. licensed mental health professionals) are not CSAs under Clery.
All reports made to such individuals or departments will be reported to the Title IX Coordinator.
Reports of sexual harassment, domestic violence, dating violence and/or stalking involving students, staff and/or faculty will be reported to the Title IX Coordinator, Jennifer Mitchell, located in the Business Office, 67 McDonald Ave., Cuthbert, Georgia 39840 or 229-732-5946.
**REPORT AN INCIDENT**
For a detailed explanation of the Title IX Grievance process, please click here. (PDF of Flow Chart)
The following definitions and examples provide a common language for the College community. These terms, such as “consent,”sexual assault,” and “retaliation,” are found in the College’s policies and procedures.
Consent means a clear and unambiguous agreement, expressed in mutually understandable words or action, to engage in a particular sexual activity. Whether valid consent has been given will be judged based on what a reasonable person would have understood from such words or actions.
Consent must be voluntarily given and is not valid
- If obtained by physical force, coercion, or threat;
- When a person is Incapacitated; or
- When an intellectual or other disability prevents a person from having the capacity to give consent.
Consent to engage in one sexual activity, or agreement to engage in a particular sexual activity on a prior occasion, cannot be presumed to constitute consent to engage in a different sexual activity or to engage again in a sexual activity. Consent can be withdrawn by either person at any point.
Sexual Assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault is sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.
Rape is defined as penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Sexual Harassment or Gender-Based Harassment includes any of the following behaviors:
- Hostile Environment – unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature when the conduct is sufficiently severe or pervasive to deny or limit the victim’s ability to participate in or benefit from the college’s educational programs or benefits by creating an intimidating or hostile environment.
- Quid Pro Quo – unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education, living environment, employment, or participation in a College-related activity or program.
- Threats/Intimidation of a Sexual Nature – conduct of a sexual nature, which reasonably would be expected to have the effect of threatening or intimidating the person at whom such conduct is directed.
Sexual Misconduct encompasses a range of behaviors, including sexual assault, gender-based harassment, domestic violence, dating violence, stalking, and any other conduct of a sexual nature that is nonconsensual, or has the effect of threatening, intimidating, or coercing a person at whom such conduct is directed.
Dating Violence includes 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:
a.) The length of the relationship.
b.) The type of relationship.
c.) The frequency of interaction between the persons involved in the relationship.
Domestic Violence refers to felony or misdemeanor crimes of violence committed by a current or former spouse of the victim by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction where the crime occurred, 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 the jurisdiction where the crime occurred.
Stalking occurs when a person engages in a course of conduct or repeatedly commits acts toward another person, under circumstances that would:
- Place the person in reasonable fear for safety, or of harm or bodily injury to self or others; or
- Reasonably cause substantial emotional distress to the person.
A course of conduct refers to a pattern of behavior of two or more acts over a period of time that can be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. The feared harm or injury may be physical, emotional, or psychological, or related to the personal safety, property, education, or employment of that individual. Stalking may involve individuals who are known to one another or have an intimate or sexual relationship, or may involve individuals who are not known to one another.
Coercion is the practice of persuading someone to do something by using force, intimidation, pressure, authority, or implied or outright threats.
Threat is an expression of intention to inflict pain, injury, emotional harm, damage to one’s reputation, or other hostile action on someone in retribution for something done or not done.
Incapacitation means that a person lacks the capacity to give Consent to sexual activity because the person is asleep, unconscious, mentally and/or physically helpless, or otherwise unaware that sexual activity is occurring. Incapacitation is not necessarily the same as legal intoxication. Where alcohol or other drugs are involved, evaluating Incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects a person’s: decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.
Intentional Incapacitation means providing alcohol or other drugs to a person with the intent to render the person Incapacitated.
Retaliation means engaging in conduct that may reasonably be perceived to:
- Adversely affect a person’s educational, living, or work environment because of their good faith participation in the reporting, investigation, and/or resolution of report of a violation of this policy; or
- Discourage a reasonable person from making a report or participating in an investigation under this policy.
Retaliation includes but is not limited to: acts or words that constitute intimidation, threats or coercion intended to pressure a person to drop or support a complaint under this policy or to provide false or misleading information in connection with an investigation; and pressuring a person to participate or refrain from participating as a witness in an investigation under this policy. Retaliation may constitute a violation of this policy even when the underlying report made in good faith did not result in a finding of responsibility.
Reporting Person means:
- A person who alleges that another person violated this policy; or
- A person who alleges that a Student Organization is responsible for a violation of this policy under the College’s Group Accountability Statement.
Any person – regardless of race, color, religion, sex, age, sexual orientation, gender identity or expression, national origin, disability, or military/veteran status – may be a Reporting Person.
A Reporting Person need not be an Andrew College student, faculty member, or staff member.
· A person who has or will suffer loss due to an alleged violation.
- A person who is possibly responsible for violating policy in regards to Sexual Misconduct Domestic Violence, Dating Violence, or Stalking; aiding, abetting , or inciting such conduct; or Retaliation; or
- A Student Organization respondent of violating this policy.
Any Student – regardless of race, color, religion, sex, age, sexual orientation, gender identity or expression, national origin, disability, or military/veteran status – may be a Responding Person.