Safety and Security Report - page 13

11
Sexual Misconduct Policy
The College forbids any type of sexual misconduct among its students, faculty, and staff.
The College encourages all members of the academic community to report suspected
sexual misconduct to the appropriate authorities so that it can be investigated, remedied,
and eliminated. Sexual misconduct is prohibited whether the actor is a student, faculty
member, staff member, contractor, visitor, or other member of the College community. BSC
forbids retaliation against any person who has opposed sexual misconduct, reported sexual
misconduct, or participated in an investigation concerning sexual misconduct.
Sexual misconduct incorporates a range of behaviors including non-consensual sexual
intercourse, non-consensual sexual contact, sexual exploitation, sexual harassment, intimate
partner violence, stalking, and any other conduct of a sexual nature that is non-consensual,
or has the purpose or effect of creating an intimidating, hostile, or offensive environment, or
unreasonably interferes with an individual’s work and/or academic performance.
Through this policy and related programs and procedures, Birmingham-Southern College
intends to comply with Title IX of the Education Amendments of 1973 (“Title IX”), Title
VII of the Civil Rights Act of 1964 (“Title VII”), the Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime Statistics Act (“Clery Act”), the Campus Sexual Violence
Elimination Act (“SaVE Act”), and the Family Educational Rights and Privacy Act (“FERPA”)
and all regulations implementing these laws.
A.
Policy Definitions
1.
Non-Consensual Sexual Intercourse
– Any sexual intercourse (anal, oral, or
vaginal), however slight, with any body part or object by one person (perpetrator)
against the will or without consent of another person (victim).
2.
Non-Consensual Sexual Contact
– Any intentional sexual touching, however slight,
with any body part or object by one person (perpetrator) against the will or without
consent of another person (victim). Sexual contact includes: intentional contact with
the breasts, buttock, groin, or genitals, or touching another person with any of these
body parts, or making another person touch any of these body parts. Sexual contact
is not limited to these body parts and may include any intentional bodily contact in a
sexual manner.
3.
Sexual Exploitation
– Behavior that does not constitute one of the other sexual
misconduct offenses, but takes sexual advantage of another person in a non-consensual
or an abusive manner for the benefit or advantage of someone other than the one
being exploited. Sexual exploitation includes but is not limited to: invasion of sexual
privacy, prostituting another individual, non-consensual video or audio-taping of
nudity or sexual activity, going beyond the boundaries of consent (e.g., allowing friends
to hide in the closet to watch consensual sex), engaging in non-consensual voyeurism,
knowingly transmitting an STI or HIV to another student, exposing one’s genitals in
non-consensual circumstances or inducing another to expose their genitals, or gender-
based stalking and/or bullying.
4.
Sexual Harassment
– Includes unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual or gender-based (harassing behavior
that is not sexual in nature and is directed at a person solely due to their gender
identification) nature when (1) submission to such conduct is made either explicitly
or implicitly a term or condition of an individual’s employment or access to or the
enjoyment of an educational benefit; (2) submission to or rejection of such conduct
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