Title IX & Clery

-Community RESPECT

Title IX of the Education Amendments of 1972 defines and ensures gender equity in education. The law prohibits all forms of sex or gender-based discrimination in any education program or activity that receives federal funding. Title IX applies to all Andrew College educational programs or activities, including sponsored off-campus programs.

Title IX applies to all employees (administrators, faculty, staff), not just students, at the College.
The Title IX coordinator, Jennifer Mitchell, coordinates the College's efforts to comply with and carry out its responsibilities under Title IX.

Student Handbook 2016-2017

SEXUAL assault & Misconduct POLICY

No member of the Andrew College community may engage in sexual assault or harassment of another member. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment or education; or submission to or rejection of such conduct by an individual is used or threatened as the basis for academic or employment decisions; or evaluations affecting that individual; or such conduct has the purpose or effect of substantially interfering with an individual's academic performance or of creating an intimidating, hostile or debilitating employment, educational, or living environment.

The College expressly prohibits any form of Sexual Misconduct.  The College also prohibits any behavior and conduct described in the College's Sexual Misconduct Policy, and which creates a hostile campus and/or work environment. 

Retaliation against any member of the College community who makes a report of Sexual Harassment and/or cooperates in the review and investigation of such report is strictly prohibited and is a violation of the College's Sexual Misconduct policy, Title IX, and other federal civil rights laws. Retaliation includes intimidation, harassment, threats, or other adverse action or speech against the person who reported the misconduct, the Accused or witnesses. The College will not only take steps to prevent retaliation but will also take strong corrective action if it occurs.  Any person who experiences or sees acts of retaliation of any kind should promptly report such conduct to the Title IX Coordinator, or the Andrew College Police Department.

PROCEDURES FOR REPORTING SEXUAL MISCONDUCT

Reporting Contacts. A Claimant who chooses to report an incident of Sexual Misconduct may report it to any person that is a:

  • Resident Assistant
  • Resident Coordinator
  • Athletic Coach
  • Staff member in the Office of Student Affairs
  • ACPD
  • CSA’s

DEFINITION: CSA

  • 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)

Definitions
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:

  1. 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.

  2. 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.

  3. 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:

  1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

  2. 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:

  1. Place the person in reasonable fear for safety, or of harm or bodily injury to self or others; or

  2. 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
Retaliation means engaging in conduct that may reasonably be perceived to:

  1. 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

  2. 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:

  1. A person who alleges that another person violated this policy; or

  2. 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.

Claimant means:

·         A person who has or will suffer loss due to an alleged violation.

Respondent means:

  1. 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

  2. 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.

Inquiries or complaints concerning the application of Title IX may be referred to the College's Title IX Coordinator and/or to the U.S. Department of Education's Office for Civil Rights:

Title IX Coordinator | Clery Act Compliance Officer
Jennifer Mitchell
Business Office
229-732-5946
jennifermitchell@andrewcollege.edu

Clery Act Compliance Officer
Tina Burnéy
Student Life
229-732-5950
tinaburney@andrewcollege.edu

Office for Civil Rights,  Atlanta OfficeU.S. Department of Education
61 Forsyth Street S.W., Suite 19T10
Atlanta, GA 30303-8927
404-974-9406 
Email: OCR.Atlanta@ed.gov
Web:  www2.ed.gov/about/offices/list/ocr/

In addition to the Title IX Coordinator, inquiries involving employees may also be referred to:

United States Equal Employment Opportunity CommissionSam Nunn Atlanta Federal Center
100 Alabama Street, SW, Suite 4R30
Atlanta, Georgia 30303 
Phone: 1-800-669-4000

Clery Act at Andrew College
The Jeanne Clery Act
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires all colleges and universities that participate in federal financial aid programs to collect, retain, and disclose information about crime on or near their campuses or other college-owned property. The goal of the Clery Act is to ensure students, prospective students, parents, and employees have access to accurate information about crimes committed on campus and campus security procedures.

As required by the Higher Education Opportunity Act, Andrew College publishes an annual Fire Safety Report, which contains information about the College's fire prevention practices and systems, as well as fire-related statistics.

Link to Annual Security and Fire Report - /sites/default/files/attachments/student%20life/fire-safety_report_2016.pdf

Link to Annual Cery Act Report - /sites/default/files/attachments/student%20life/clery-safety_report_2016.pdf


Missing Student Policy
Andrew College students living in residential housing have the option to register a “confidential contact person” to be notified no later than twenty-four (24) hours after the time the College determines the student is missing. The confidential contact may be a person designated by the student in addition to the emergency contact listed on the Andrew College Health Information Sheet. Only authorized college officials and law enforcement officers in furtherance of a missing person investigation may have access to this information.

Missing student reports will be immediately referred to the Andrew College Police Department and local law enforcement whether or not a confidential contact person has not been registered. Andrew College is required to notify the custodial parent no later than twenty-four (24) hours after the time the student is determined to be missing if the student is under the age of eighteen (18) and is not emancipated.  If an individual believes a student has been missing for 24 hours, the Director of Residence Life, Dean of Student Affairs, and Andrew College Police Chief should be immediately notified.

Notification is also provided in the “Annual Crime Report” that provides information in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Security Crime Statistics Act.  A link to the report is published on the Andrew College website at www.andrewcollege.edu and in the Andrew College Student Handbook. A student may register confidential contact information during the first two weeks of each semester by filing a form provided by the Office of Student Affairs. Each student who files a confidential contact registration form is solely responsible for the accuracy of the contact phone number and for an update of information should the confidential contact person and/or number change.  A student may update information by filing a new form with the Office of Student Affairs.  Andrew College will notify the Andrew College Police Department and appropriate law enforcement agencies no later than 24 hours after the time the student is determined to be missing. However, this requirement does not preclude implementing these procedures in less than 24 hours if circumstances warrant a faster implementation.

Federal law requires that the College establish a policy and procedures for how to report a student missing from on-campus student housing, how the College will respond to a missing student report, and how students can designate a confidential missing person emergency contact.

Sex Offender Registry
Andrew College is committed to providing safety information about the area surrounding the college.  Please click on the link below for more information.
http://state.sor.gbi.ga.gov/Sort_Public/