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4.
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.
5.
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.
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
required to appear.
7.
The alleged victim and respondent may address and question 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
directly question those witnesses called on his or her behalf. For all other witnesses,
questions may be submitted to the Chair prior to and during the hearing. Those questions will
be reviewed for relevancy by the Board, amended as deemed appropriate, and asked by the
Chair.
9.
The alleged victim and respondent may call one or two character witnesses to speak upon his
or her behalf.
10.
In cases that involved multiple respondents, the Board will arrive at an independent decision
for each respondent.
11. Both the alleged victim and respondent will be notified in writing of the potential charges;
date and time of hearing proceedings; hearing board composition; and the outcomes and/or
any changes to the outcomes (e.g., hearing decision, disciplinary action, interim measures);
and any subsequent appeal.
Sexual Misconduct Hearing Board
As noted in the policy above, the Sexual Misconduct Hearing Board will often hear cases
regarding alleged violations of this policy. The Board is comprised of the following members,
selected and appointed as outlined below:
-
Students: Five or more returning members from the previous year’s Honor Council are
selected by the Title IX Coordinator in consultation with the Dean of Students.
-
Faculty: Five or more faculty members will be appointed by the Chair of the Faculty
Advisory Committee in consultation with the Provost, the Title IX Coordinator, and the
Director of Human Resources.
-
Staff: Five or more staff members from across the various administrative departments of the
College will be appointed by the Director of Human Resources in consultation with the Title
IX Coordinator and the Dean of Students.
Each year, new members of the Board will undergo training in the various tenets of the Sexual
Misconduct Policy and procedures employed to investigate and hear allegations regarding
possible violations. In addition, continuing members of the Board will attend review sessions to
ensure they remain aware of any changes to the Policy and are prepared to serve when called
upon. Emphasis will be placed upon protection of confidentiality, appropriate and relevant
questioning, effective deliberation, reaching conclusions, and other vital topics in all training and