Page 25 - BSC Student Handbook 2012-2013

Both the accuser and the accused are entitled to
the same opportunities to have witnesses and an
advisor present at the proceeding.
Both the accuser and the accused shall be
informed of the outcome of the disciplinary pro-
cedure alleging a sexual assault, and will have the
opportunity to appeal that outcome to the Presi-
dent of the College where a final determination
regarding the finding and sanctions will rest.
Students found to be responsible for any sexual
assault violation are subject to any and all penal-
ties listed in the Student Handbook and subse-
quent referral to criminal authorities. The stan-
dard used to determine if a student is responsible
for a violation of the sexual assault policy will be
whether the preponderance of the evidence indi-
cates that a violation is likely to have occurred.
All reasonable attempts will be made to provide
normal living arrangements and academic course
adjustments for sexual assault victims following
an alleged sexual assault incident.
Birmingham-Southern College does not discrimi-
nate on the basis of race, color, national origin, eth-
nic origin, sex, sexual orientation, age, disability or
status as a protected veteran in employment or the
rights, privileges, programs, and activities generally
accorded or made available to students at the school,
administration of its educational policies, admissions
policies, scholarship and loan programs, and athletic
and other school-administered programs. This state-
ment of non-discrimination applies to educational
programs, educational policies, admissions policies,
educational activities, employment, access and
admission, scholarship and loan programs, and ath-
letic and other school-administered programs.
Any person having inquiries concerning compli-
ance with implementation of Title VI of the Civil
Rights Act of 1964, Title IX of the Education
Amendments of 1972, Section 504 of the Rehabilita-
tion Act of 1973, the Americans with Disabilities
Act of 1990 or other civil rights laws should contact
one of the following individuals, whom BSC has des-
ignated to handle inquiries regarding non-discrimi-
nation policies: Title IX Coordinator, David Eber-
hardt, Vice President for Student Development,
Norton Campus Center, Room 230, 205-226-4722;
Section 504 Coordinator/Disability Access and
Accommodation, Jason Peevy, Counselor/Coordina-
tor of Academic Accommodations, Norton Campus
Center, Counseling and Health Services, Room 252,
or EEO/AA Officer, Susan Kinney,
Director of Human Resources, Munger Hall, Room
308, 205-226-4645.
Birmingham-Southern College will not tolerate
any form of harassment, be it based in racial, ethnic,
sexual, religious or other grounds outlined in this
policy. Harassment may include, but is not limited
to, verbal or written remarks. In addition, cyber-
bullying, understood as the deliberate use of elec-
tronic or online communication methods (i.e., blogs,
emails, social networking sites, texting) to communi-
cate harassing language, falls within this policy. Any
such harassment by students will be considered a
violation of the Student Conduct Policy and will
result in disciplinary action.
Harassment is verbal or physical conduct that
denigrates or shows hostility or aversion toward an
individual because of his/her race, color, religion,
national origin, disability, sex, age, veteran status, or
sexual orientation or that of his/her relatives, friends,
or associates, when it:
Has the purpose or effect of creating an intimi-
dating, hostile, or offensive working and/or edu-
cational environment;
Has the purpose or effect of unreasonably inter-
fering with an individual's work and/or academic
performance; or
Otherwise adversely affects an individual’s
employment and/or academic opportunities.
Examples of harassment include, but are not lim-
ited to the following:
Epithets, slurs, negative stereotyping, or
threatening, intimidating, or hostile acts that
relate to race, color, religion, national origin,
disability, sex, age, veteran status, or sexual
Written or graphic material that denigrates or
shows hostility toward an individual or group
because of race, color, religion, national origin,
disability, sex, age, veteran status, or sexual
orientation and that is placed on walls, bulletin
boards, or elsewhere on Birmingham-Southern
College premises, or circulated in the work-
place. This also includes acts that purport to
be or are meant to be “jokes” or “pranks”, but
are hostile or demeaning, such as hate mail,
threats, cartoons, defaced photographs, and
other similar material or conduct.
Sexual harassment is a particular form of harass-
ment, and is defined as unwelcome sexual advances,
requests for sexual favors and any other physical or
verbal conduct of a sexual nature when: