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7.
The Board will call witnesses, consider relevant information, and question the respondent
and alleged victim until it has exhausted every reasonable method of ascertaining the facts.
8.
The Board will not consider the respondent’s past findings of violations of the Honor code or
Social Regulations in determining whether the respondent has violated Social Regulations or
Sexual Misconduct Policies. Such evidence may be considered in determining sanctions.
9.
An attorney may be present during the hearing. The attorney may speak to the person
represented by the attorney, but may not address directly anyone else involved in the hearing
other than the Chair. Any comments or questions an attorney has should be directed to the
Chair of the Board in a private conversation.
10. The Board must act with complete impartiality. A Board member may be excused from a
case in which personal involvement may constitute a conflict of interest. Additionally, Board
composition will be shared with the reporting party and respondent at least 72 hours in
advance of the hearing. Either party may request a member of the Board be removed.
11. The respondent is considered not to have violated any policy throughout the hearing until
there is a finding that a violation has occurred. The standard of proof is a preponderance of
evidence that a violation occurred. The finding must be supported by a majority vote of the
Board.
12. As the conduct authority for issues of sexual misconduct, the Board has the authority to issue
sanctions according to the guidelines outlined in the
Student Handbook
(pp. 17-18).
Rights of the Alleged Victim and Respondent
The alleged victim and the respondent have the following rights:
1.
The alleged victim and respondent will be notified in writing of a hearing at least 72 hours
prior to the hearing. This time period may be shortened upon the agreement of the both
parties and the Board (“Chair”).
2.
The alleged victim and respondent may select any willing student, faculty member, or staff
member of Birmingham-Southern College to serve as his or her advisor. Additionally, upon
request, an advisor may be appointed from the Sexual Misconduct Hearing Board pool.
3.
The alleged victim and respondent are not required to appear at the hearing. If either person
fails to attend, the hearing will proceed and evidence presented as if both parties were
present.
4.
The alleged victim and respondent have the right to be present throughout the hearing except
during the Board’s deliberations. Presence may be limited to hearing testimony remotely
through telephone or similar aid of technology.
5.
The alleged victim’s sexual history will not be discussed during the hearing unless it relates
to the respondent and is determined by the Chair to be highly relevant to the alleged
misconduct.
6.
The alleged victim and respondent may call relevant witnesses to speak on his or her behalf.
Requests should be made to the Chair in writing so that notice can be given for any witness
requested to appear.
7.
The alleged victim and respondent may address the Board during his or her appearance
before the Board.
8.
The alleged victim and respondent may hear the statements of all witnesses called and
question them. To avoid an adversarial dynamic, the alleged victim and respondent may only