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Appendix C: Sexual and Gender-based Misconduct Policy [adopted by the
Board of Trustees, October 23, 2014]
The College forbids any type of sexual or gender-based misconduct among its students, faculty,
and staff. The College encourages all members of the academic community to report suspected
sexual and gender-based misconduct to the appropriate authorities so that it can be investigated,
remedied, and eliminated. Such 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, reported, or participated in an
investigation concerning sexual or gender-based 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. Gender-based
misconduct encompasses behavior that is not sexual in nature, but is directed at a person because
of their gender or gender identification.
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.
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