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The Director of Human Resources will report findings to the Provost (if the accused is a faculty
member) or to the appropriate Vice President (if the accused is not a faculty member) and make
a recommendation concerning further action and disposition of the matter.
After reviewing all the evidence, the Provost or the appropriate Vice President, in consultation
with the Associate Vice President for Human Resources, will make a determination whether
reasonable grounds exist to believe that sexual misconduct has occurred. If such grounds are
found to exist, the Provost or appropriate Vice President will take all appropriate action to
eliminate such conduct and impose appropriate discipline. In any situation in which the Provost
or appropriate Vice President is accused of violating this policy, the President of Birmingham-
Southern College will fulfill that role. In any situation in which the President of the College is
accused of violating this policy, the Associate Vice President for Human Resources, in
consultation with the Chairperson of the Board of Trustees will fulfill that role.
If either the employee accused of engaging in sexual misconduct or the person who is believed to
have been the target or subject of sexual misconduct is dissatisfied with the action taken by the
Provost or Vice President, the person may appeal the decision to a Sexual Misconduct Hearing
Board. If the accused person is a faculty member, the Board will consist of a three faculty
member panel, selected by the Provost from a pool of trained Board members who have been
appointed by the Chair of the Faculty Advisory Committee. If the accused person is a staff
member, the Board will consist of three staff members from a pool of trained Board members
appointed by the Associate Vice President for Human Resources.
If either the employee accused of engaging in sexual misconduct or the person who is believed to
have been the target or subject of sexual misconduct is dissatisfied with the action taken by the
Sexual Misconduct Hearing Board, the person may appeal the decision to the President in
writing within 21 days after the Board’s determination is communicated to the person. The other
party will have 21 days to respond in writing to the appeal, and the President will make the final
determination based upon the record before the Board and the written submissions of the accused
and the person who is believed to have been the target or subject of sexual misconduct.
Because the College’s obligation to protect its community members from sexual misconduct
exists independently of the criminal justice system, the investigatory and hearing procedures (if
applicable) will continue notwithstanding any related criminal proceedings. The College may
briefly delay its response if necessary to avoid interference with a law enforcement investigation.
Advisor
– The alleged victim and respondent may be assisted throughout the process by
advisors. The advisor may provide support and guidance through the investigation and hearing
process. The advisor should be a member of BSC community, although exceptions may be
granted by the Provost or appropriate Vice President (e.g., a Crisis Center staff member or
volunteer). Additionally, upon request, an advisor can be appointed from the Sexual Misconduct
Hearing Board pool.