STUDENT CONDUCT

Information concerning possible violations of any Student Conduct policies, Residence Life policies, other College policies and regulations, and any other rules governing individual and group student behavior may be sent to officials in Student Development, including but not limited to the Vice-President for Student Development; Dean of Students; Associate Dean of Students; Assistant Dean of Students; and Directors, Associate Directors, and Assistant Directors in Residence Life and Student Involvement. The College responds to such information and the individual(s) or group(s) involved according to the circumstances of the alleged incident, completing thorough investigations and following the various conduct processes outlined within this Student Handbook.

Typically, one or more officials in Student Development lead or coordinate any investigation and adjudication processes regarding an alleged violation. Decisions regarding violations of policies and resulting sanctions occur through Administrative Conduct Meetings, Honor Council hearings (outlined previously in this Handbook), Social Council hearings, and Sexual Misconduct Board hearings. In addition, hearings may occur before other judicial bodies of organizations of the College such as the Interfraternity Council and Panhellenic Council, when such bodies hold authority over the individuals and groups involved in the alleged violation of College policy. Finally, when circumstances warrant, involving serious alleged violations, the President of the College may take Administrative Action.   

ADMINISTRATIVE ACTION

Administrative Action means the immediate removal or restriction of a student from the College, its premises, and any related activities. The President of the College may take Administrative Action when in their opinion a situation is sufficiently severe that it does not warrant the charging of a student with a violation and hearing before the Honor Council or Social Council through regular Student Conduct processes prior to the student’s removal, or when a violation creates a situation of unusual circumstances that warrants such action. The President of the College will take this action when it is deemed to be in the best interest of the College community.

When a situation arises where Administrative Action is considered, the President will consult with appropriate College officials, including but not limited to the Provost, officials in Student Development, other members of the College’s executive team, and officers of Campus Police. Students who are immediately removed through this process may not attend class, must depart all residential facilities, do not have access to any portion of campus, and cannot attend college-sanctioned or sponsored events. Following the initial implementation of Administrative Action, students may request a hearing with the President to determine their status with the College. The President may conduct the hearing themselves, establish a small committee to hold the hearing and provide a recommendation on the student’s status with the College, or may choose to refer the student to the regular Student Conduct processes of the College outlined in this Student Handbook.   

ADMINISTRATIVE CONDUCT MEETING

Following allegations of violations of College policies, officials of the College may meet with students involved in an incident through one or more Administrative Conduct Meetings. The purpose of these meetings will be to gather information about the incident, discuss the students’ involvement in the incident, and either determine the appropriate response from the College, including possible sanctions that may be applied, or assign the determination of findings of violation and appropriate sanctions, if any, to the appropriate hearing body.

Alleged violations of most Student Conduct policies, Residence Life policies, other College policies and regulations, and any other rules governing individual and group student behavior will often be handled within the Administrative Conduct Meeting or sent to the Social Conduct Council (see the Social Conduct Council Constitution in this Handbook). If any findings and sanctions have been applied administratively and communicated to students, they have the right to contest their findings and sanctions as outlined in the Social Conduct Council Constitution and Residence Life policies. As outlined previously in this Student Handbook, potential violations involving integrity issues of lying, cheating , or theft, will be directed to the Honor Council, while possible violations of the Sexual Misconduct Policy will be investigated according to that process, outlined in this Handbook, with a potential hearing by the associated board. Other violations will be assigned to relevant processes and boards as appropriate for those bodies when they have such authority.  

THE SOCIAL COUNCIL

The Social Council Constitution establishes a three-person panel which may hear cases involving individual or group violations of the social policies and procedures of the College. Members of the Council include faculty, staff, and students who have been trained on the conduct process. The Vice President of the Honor Council typically sits on the Social Council, but other officers of the Honor Council can take on this role if potential conflicts of interest or other issues arise and a substitute is needed. Violations of College policy that do not involve lying, cheating, or stealing are defined as social infractions. Such infractions may be handled by officials in Student Development, including the Vice President, Dean of Students, the Associate Dean of Students, the Assistant Dean of Students, and their designees, or may be referred to the Social Council. 

SOCIAL CONDUCT COUNCIL CONSTITUTION

Article 1 - Membership

The Social Conduct Council (“Council”) shall be composed of the Vice President of the Honor Council who shall serve as President of the Social Conduct Council (“President of the Council”), and faculty and staff members who have been trained on the conduct process. Another member of the Honor Council may serve in place of the Vice President of the Honor Council when necessary due to conflicts of interest or related issues. 

Article 2 - Investigation

Upon notification of a suspected violation of a Social Regulation or Policy, the Student Development official or their designees (either such person hereinafter referred to as “Conduct Officer”) shall thoroughly investigate the reported violation. The Conduct Officer may interview all necessary persons including, but not limited to, the accused, any possible alleged victims, and any material witnesses. 

Article 3 - Admission of Violation

If the Conduct Officer and the accused agree during an Administrative Conduct Meeting that the accused has violated a Social Regulation or Policy, the Conduct Officer shall then either direct that a hearing of the Council be convened to determine sanctions, or impose a penalty administratively, pursuant to Article 9. 

Article 4 - Request for Hearing

If the accused denies there has been a violation of a Social Regulation or Policy or if the accused objects to the penalty imposed by the Conduct Officer, within two class days of notification by the Conduct Officer, the accused may request in writing a hearing before the Council. The Conduct Officer may also choose to hold a hearing before the Council without imposing a penalty. When such a request or determination for a hearing is made, another Conduct Officer other than the original Conduct Officer who was initially involved in the investigation will oversee the hearing. 

Article 5 - Rights of the Accused at the Hearing

At the hearing, the accused student shall be afforded the following rights:

1. The accused shall be notified in writing of a hearing at least 72 hours prior to the hearing. This time period may be shortened upon the concurrence of the accused and the Conduct Officer. The hearing must take place within 10 class days from receipt of the request for a hearing, unless the Council grants a reasonable extension of time for extenuating circumstances. The accused does not have to appear at the hearing. In such case, the hearing will be held and evidence in support of the charges will be presented and considered as if the accused were present.
2. The accused may select any willing student, faculty or staff member of Birmingham-Southern College to serve as his/her advisor.
3. The accused may call relevant witnesses to testify on his/her behalf. The accused shall request in writing to the presiding Conduct Officer that a request be issued to a relevant material witness. Any witness requested to appear who fails to appear before the Council shall be charged with a Social Regulation violation. Reasonable notice must be given to any witness requested to appear.
4. The accused may address and question the Council during his or her appearance before the Council.
5. The accused may hear the testimony of witnesses called and may cross-examine them.
6. The accused may call one or two character witnesses to testify on his/her behalf.
7. The accused may consult in confidence only those within the prescribed bounds of privacy as described in Article 7 of the Social Conduct Council Constitution.
8. In cases in which two or more are accused of a joint violation, the Council shall arrive at an independent decision for each accused.
9. If found in violation of a Social Regulation or Policy, the accused may appeal the decision of the Council to the President of the College in accordance with Article 10.

Article 6 - Hearing The procedure for a hearing shall be as follows:

1. The President of the Council presides. In the absence of the President of the Council, another member of the Council shall preside.
2. Three members of the Council constitute a quorum. Should a member of the Council be unable to attend the hearing or cannot serve because of a conflict of interest, the presiding Conduct Officer shall identify a replacement that matches the role of the individual who is unable to serve.
3. The original Conduct Officer shall present the case against the accused.
4. The accused has the right to be present throughout the hearing except during the Council’s deliberations.
5. The victim(s) of the alleged violation as determined by the Conduct Officer, if any, may be present at the hearing, call witnesses, and be informed of the outcome.
6. No witness, other than the accused if he/she chooses to testify, shall be allowed to hear the testimony of other witnesses.
7. Before testifying, every witness shall be reminded that his/her testimony is subject to the Honor Code.
8. The Council shall call witnesses, consider relevant information, and question the accused until it has exhausted every reasonable method of ascertaining the facts.
9. The Council shall not consider the accused student’s past findings of violations of the Honor Code and/or Social Regulations or Policies in determining whether the accused has violated Social Regulations or Policies, but may consider such evidence in determining the appropriateness of the penalty.
10. Since the Council is not a legal body, and procedures are not conducted in an adversarial manner, unless the alleged violation of the Social Regulations or Policies also constitutes a felony, an attorney for the accused may not be present at a hearing. If the alleged violation of the Social Regulations or Policies does constitute a felony, then the accused may be advised but not represented by his or her attorney during the hearing.
11. The accused may call all relevant witnesses.
12. The Council must act with complete impartiality. A Committee member may be excused from a case where personal involvement may constitute a conflict of interest.
13. The accused shall be considered innocent throughout the hearing until there is a finding that a violation has occurred. Such a finding shall be based on clear and convincing evidence by two members of the council. Otherwise the case shall be dismissed. 

Article 7 - Confidentiality

An investigation, hearing, review, and reconsideration shall remain confidential and those within the bounds of confidentiality shall not divulge anything that is said or done with regard to these proceedings to anyone outside the bounds of confidentiality. Those within the bounds of privacy include Council members, the Advisor, officials in Student Development, , the President, the Provost, accusers, the accused, witnesses, persons interviewed during the investigation, victims, and the attorney for the College. Should anyone outside the bounds of confidentiality receive information which is considered to be confidential, he/she will automatically be bound by confidentiality. In addition, the accused may include within the bounds of confidentiality his/her parents, faculty, staff, minister/spiritual advisor, personal or legal counsel, and up to two peers they identify to the Conduct Officer advisors as individuals through whom they wish to seek support. Should the accused or anyone designated by the accused to be considered within the bounds of confidentiality violate the requirement of confidentiality, the Council may vote to publicly post a summary of the case. 

Article 8 - Advisor to the Accused

1. An Advisor to the accused may be a member of the student body, faculty, or staff of the College. The accused may appoint an Advisor to serve as his/her advocate until the conclusion of all proceedings. The Advisor shall meet with the accused immediately following his/her selection in order to inform the accused of his or her rights granted under this Constitution, and to ensure that the accused understands the nature of the accusation, the procedure of the hearing, and the possible outcomes of the hearing. The Advisor shall attempt to help the accused and the Conduct Officer identify the relevant issues which should be investigated and considered as well as to identify appropriate material witnesses. The Advisor shall assist the accused in preparation for the hearing, and may interview witnesses for the hearing in order to clarify the accused student’s position.
2. The Advisor shall assist the accused for the duration of the proceedings, and shall endeavor during the hearing to question the witnesses and partake in the discussion for the benefit of the accused. It is important to understand that the Advisor is not a defense attorney for the accused and has no formal legal training. The duty of the Advisor shall be to advise the accused during all phases of the hearing.
3. The Advisor will assist in coordinating the arrival and departure of the accused to and from the hearing.
4. The Advisor shall be informed of the outcome of the hearing.

Article 9 - Penalties

1. The Conduct Officer or the Council may impose the penalty of expulsion, suspension, or probation depending on the individual nature of each case. The criteria used in determining penalties include:
   1. Assuring the effectiveness of the Social Regulations and Policies,
   2. The offender’s ability to abide by the Social Regulations and Policies,
   3. The severity of the offense,
   4. Prior findings of violations of the Honor Code and/or Social Regulations or Policies, and/or
   5. Extenuating circumstances.
2. If the Council deems the violator incapable of living in the Birmingham-Southern community or representing too significant a risk to allow them the opportunity to continue to hold membership in the community in the future, the Council may impose the penalty of expulsion or permanent dismissal.
3. If the Council deems the violator capable of living in the Birmingham-Southern community and abiding by the Honor Code at some later point in time, then the sanction may be suspension. The sanction of suspension may be given for one, two, or three terms (inclusive of summer and Exploration terms).
4. If the Council deems the violator capable of remaining a member of the Birmingham-Southern community without removal, the Council may place the violator on probation. The penalty of probation may range from one semester to the duration of time the student is at Birmingham-Southern College. In addition, the Council may impose such other penalties during the period of probation as it deems appropriate including, but not limited to, prohibiting the student from representing the institution in any event or holding any student office.
5. The Council may impose such other penalties as it deems appropriate including, but not limited to, making restitution for property, completion of educational programming related to the violation, receiving counseling, developing plans for avoiding circumstances which impacted the violation, performing appropriate public service, or other relevant sanctions. Sanctions imposed for the period of suspension or probation must be adhered to and/or completed by deadlines set by the Council. The completion of these penalties will be reviewed by a Conduct Officer and may be referred back to the Council to determine if the penalties have been completed in an appropriate manner. A determination that the penalties have not been appropriately completed may result in a denial of readmission following a suspension, continuation of probation, and/or additional sanctions/penalties.

1. Expulsion from the College means that the student must leave the campus and shall not be eligible for readmission to Birmingham-Southern. Notation of the expulsion shall appear on the individual’s permanent record.
2. Suspension means that the individual must leave the campus and shall not be eligible for readmission to Birmingham-Southern until the end of the suspension term and upon the successful completion of all terms of suspension.
3. Probation means that the individual must maintain a clear record for the duration of the penalty as set forth by the Conduct Officer or the Council. The duration of the probation may range from one semester to the end of a student’s time at Birmingham-Southern College. During that time the Conduct Officer or the Council may impose other penalties during the probation period as stated in the section above.
4. Restitution may be required of the offender in order to reimburse the College for damage or misappropriation of property. This may take the form of appropriate service or other compensation
5. The above list of penalties shall not preclude the authority of the Council to impose other appropriate penalties.

Article 10 - Appeal

1. A written appeal from a finding by the Council may be made by the offender to the Vice President for Student Development within five days of the decision or before the last day of the term, whichever comes first. The Vice President for Student Development may review the case personally, or appoint a committee to review the case.
2. An appeal shall be limited to a review of the full report of the Council, including the hearing transcript, for the purpose of determining whether it acted in accordance with procedural and substantive fairness. An appeal on the basis of substantive fairness may not contest the factual findings of the Council but is limited on the basis of the fundamental fairness of the penalty or the application of the standards of the Social Regulations and Policies.
3. An appeal may not result in a more severe penalty for the accused by the Vice President for Student Development or committee appointed by the Vice President for Student Development, but may result in a reduction or removal of penalties without rehearing by the Council.
4. An appeal in which the finding of the Council is reversed may be remanded to the Council for rehearing with a written opinion or directive of the reviewing authority.
5. When the Vice President for Student Development elects to appoint a committee to review a case, the committee will be selected from a group of faculty, staff, and students who have been trained on the conduct process so that they are equipped to evaluate appeals on the grounds of substantive and procedural fairness. Size and make-up of the appeal committee will be determined by the Vice President for Student Development or his or her designee based on the nature of the case. The committee make-up will be no less than three (3) and no more than five (5) members, including the Vice President for Student Development or his or her designee who serves as the convener and maintains voting rights. No member of the appeal committee will have served in any aspect of the conduct process prior to appeal. Any appeal decision must be supported by a majority vote of the committee. 

Article 11 - Reopening a Case

No case may be reopened unless new information is discovered. Such evidence must have been unknown to the Council at the time of hearing. If a case is reopened, procedures shall be as if it were a new case. 

Article 12 - Amendment

An amendment to this Constitution shall originate in either the Student Government Association or the Honor Council and must be approved by two-thirds of the voting members of both bodies. Upon approval by the President of the College, the proposed amendment shall become effective. 

Article 13 - Ratification

This Constitution shall become effective immediately upon approval by the Student Government Association and the Honor Council by a two-thirds majority of each body, and upon approval by the President of the College. 

(Revised Fall 2019)

Introduction

The College prohibits the exclusion of any person, on the basis of sex, from participation in, to be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the College.[1]  If not addressed by the College, sexual harassment and other forms of sexual misconduct as defined below constitute a form of discrimination on the basis of sex.[2]  The purpose of this policy is to set forth the prompt and effective steps which the College will take to end sexual misconduct, prevent its recurrence, and, as appropriate, remedy its effects.[3]  This policy applies to sexual misconduct involving the College’s students, faculty, staff, and visitors and which occur against a person in the United States.[4]  Any provision of any College policy or handbook which deals with sexual discrimination in any fashion is hereby superseded as of the Effective Date by this Sexual Misconduct Policy so that all forms of sexual misconduct involving the education programs of the College will be subjected to the remedial steps set forth in this policy.

Appendix “A” contains a list of names, physical addresses, email addresses, telephone numbers, and certain other information which may change from time to time.  Appendix “A” may be updated from time to time by the Title IX Coordinators without College approval so as to maintain current information for use by the campus community.

Nothing contained in this Sexual Misconduct Policy shall be deemed to have created a contract between the College and any student, faculty member, or staff member.

The College reserves the right to unilaterally change any provision of this policy without the consent of any other party.  

Notification Requirements

The College hereby notifies applicants for admission and employment, students, and employees that the names of the employees designated as the Title IX Coordinators are set forth in Appendix “A.”[5]

The College hereby notifies such persons that (a) the College does not discriminate on the basis of sex in the education programs or activities that the College operates, (b) the College is required by Title IX not to discriminate in such a manner, and (c) the requirement of the College not to discriminate in the education programs or activities extends to employment and admission.[6]  

Inquiries about the application of Title IX to the College may be referred to the employee(s) designated by the College as its Title IX Coordinator(s) or to the Assistant Secretary of the Office of Civil Rights at the United States Department of Education, or both.[7]

A notice of the College’s policy of nondiscrimination shall be widely disseminated on the College’s campus and the College will prominently display a statement of this policy on its website and in each handbook or catalog that it makes available to applicants for admission and employment, students, and employees with the College.[8]  The notice of nondiscrimination shall also state the contact information for the Title IX Coordinator(s).[9] The College shall use or distribute a publication stating that the College does not treat applicants, students, or employees differently on the basis of sex.[10]

The College has adopted and published grievance procedures that provide for the prompt and equitable resolution of student and employee complaints alleging any action that is prohibited by Title IX. Additionally, the College’s grievance process complies with Title IX §106.45 for formal complaints.[11] The College hereby provides notice of the College's grievance procedures and processes to applicants for admission and employment, students, and employees including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how the College will respond in such cases, all of which is set forth in Sections 5 through 9 below .[12]  

Definitions

            As used in this policy, the phrases and words listed shall have the meanings set forth below: 

Actual knowledge - Notice of sexual harassment or allegations of sexual harassment to the College’s Title IX Coordinator(s) or any official of the College who has authority to institute corrective measures on behalf of the College. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the College with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the College. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator(s) as described in the Notification section of this policy.[13]  

Campus - Any building or property owned or controlled by the College within the same reasonably contiguous geographic area and used by the College in direct support of, or in a manner related to, the College's educational purposes, including residence halls. Any building or property that is within or reasonably contiguous to any building or property owned or controlled by the College within the same reasonably contiguous geographic area and used by the College in direct support of, or in a manner related to, College's educational purposes, that is owned by the College but controlled by another person, is frequently used by students, and supports College purposes such as a food or other retail vendor.[14]              

Complainant - An individual who is alleged to be the victim of conduct that could constitute sexual harassment.[15] 

  Consent - Consent is clear, knowing, and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given verbally or non-verbally, as long as those words or actions create mutually understandable, clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Previous relationships or prior consent does not imply consent to future sexual acts. Consent can be revoked at any time during a sexual interaction. Consent cannot be obtained through force and or coercion. A person who is incapacitated cannot give consent.[16] 

Deliberately indifferent - A response to sexual harassment or other sexual misconduct that is clearly unreasonable in light of the known circumstances.[17] 

Dating violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. “Dating violence” includes, but is not limited to, sexual or physical abuse or the threat of such abuse.  “Dating violence” does not include acts covered under the definition of domestic violence. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.[18]           

Domestic violence - A felony or misdemeanor crime of violence committed by: (a) a current or former spouse or intimate partner of the victim[19], (b) a person with whom the victim shares a child in common, (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, (d) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or (e) any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.[20] 

Education Program or Activity of a College – Locations, events, or circumstances over which the College exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.[21]

Formal complaint - A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the College with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator in Appendix “A”, and by any additional method designated by the College. As used in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the College) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party under 34 CFR 106 or under 34 CFR 106.45, and must comply with the requirements of 34 CFR 106, including  34 CFR 106.45(b)(1)(iii).[22]           

Hostile Environment – An environment where the conduct of one or more individuals is sufficiently serious that it denies or limits a student’s, faculty member’s, or staff member’s ability to participate in or benefit from the College’s program based on sex. In determining whether a hostile environment exists, the College shall consider all relevant circumstances, including the following factors: (a) the degree to which the conduct affected the College’s educational programs, (b) the type, frequency and duration of the conduct, (c) the age and sex of the alleged harasser and the subject or subjects of the harassment, (d) the location of the incidents and the context in which they occurred, (e) other incidents at the College, and (f) incidents of gender-based, but nonsexual harassment.  

Incapacitation – Any situation in which a person is incapable of giving consent due to the student’s age, state of consciousness, use of drugs or alcohol, or an intellectual or other disability.  

Intimidation – The intentional act of coercing or frightening someone to engage or not engage in conduct of a sexual nature against the person’s will.

Non-consensual sexual contact - Any physical touching of a sexual nature which is not preceded by consent or which continues after a previous consent is withdrawn.  

Non-consensual sexual intercourse - Any sexual intercourse which is not preceded by consent or which continues after previous consent is withdrawn.            

Respondent - Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.[23]  

Retaliation- The act of seeking revenge upon another person.[24]

  Sexual Assault[25] - An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.[26]            

  Sexual harassment- Conduct on the basis of sex that satisfies one or more of the following:

(1) An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;

(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or

(3) “Sexual assault”, “dating violence”, “domestic violence”, or “stalking” as defined herein.[27]  

Sexual intercourse - Vaginal or anal penetration by a penis, object, tongue or finger and oral copulation.  

Sexual misconduct – Any act of sexual harassment, sexual violence, non-consensual sexual contact, non-consensual sexual intercourse, sexual exploitation, quid pro quo, intimidation, or any act that creates a hostile environment or any act of retaliation against a complainant or anyone involved in a grievance procedure under this policy.  

Sexual violence - Physical sexual acts perpetrated against a person's will or with a person who suffers from incapacitation. It also means same-sex conduct that violates the College's prohibition on sexual violence.  

  Stalking[28] - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person's safety or the safety of others or (b) suffer substantial emotional distress.[29] Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.[30]            

Standard of evidence – The standard of evidence that shall be used is the preponderance of the evidence standard where the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.        

  Supportive measures - Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The College must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.[31]            

Title IX Coordinator – The person designated as such by the College’s President or the person temporarily designated by the Title IX Coordinator to serve in that capacity during the Title IX Coordinator’s incapacity or absence from the College’s campus.            

Unwelcome conduct - Conduct is unwelcome if an individual did not request or invite it and regarded the conduct as undesirable or offensive.  Acquiescence in the conduct or the failure to complain does not always mean that the conduct was welcome.[32]  

Title IX Coordinator

 The College’s current lead Title IX Coordinator and any deputy Title IX Coordinator(s) are the individuals specified in Appendix “A”.[33] The names and current contact information for these individuals, including the office address, electronic mail address, and telephone number can be found in Appendix “A”, and on the College’s website at: https://www.bsc.edu/titleix/pdfs/Sexual-and-Gender-Based-Misconduct-Policy.pdf. [34] All of the College’s Title IX Coordinators shall work together to ensure consistent enforcement of its policies and Title IX.[35] The lead and deputy Title IX Coordinator(s) shall coordinate the College’s efforts to comply with its responsibilities under this policy, guidance from the United States Department of Education, and federal statutes and regulations governing sexual misconduct.[36]   Further, when designating a Title IX coordinator, the College will make efforts to designate a coordinator whose other job responsibilities will not create a conflict of interest.[37]            

            The Title IX Coordinator will assist the College in complying with Title IX and promoting gender equity in education.[38] 

The College must inform the Title IX Coordinator(s) of all reports and complaints raising Title IX issues, even if the complaint was initially filed with another individual or office or the investigation will be conducted by another individual or office.           

The College will ensure that the Title IX Coordinator(s) are/is appropriately trained and possess comprehensive knowledge in all areas over which the Title IX Coordinator(s) has/have responsibility in order to effectively carry out those responsibilities, including College policies and procedures on sex discrimination and all complaints raising Title IX issues throughout the College. 

College’s Response to Sexual Harassment           

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator(s), or by any other means that results in the Title IX Coordinator(s) receiving the person’s verbal or written report.[39] Such report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator(s).[40] 

When the College has actual knowledge of sexual harassment occurring in any of the College’s education programs or activities against a person in the United States, the College shall respond promptly in a manner that is not deliberately indifferent.[41] The College shall treat complainants and respondents equitably by offering supportive measures to a complainant, and by following the College’s grievance policy before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.[42] Additionally, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.[43] The College will provide written notification of complainant’s[44] options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the complainant and if such accommodations are reasonably available, regardless of whether the complainant chooses to report the crime to campus police or local law enforcement.[45] The College will respond in the manner described in this section with or without a formal complaint.[46] 

When a formal complaint has been filed, the College shall follow all procedures consistent with Title IX and the College’s grievance policy.[47]

The College may remove a respondent from the College’s education program or activity on an emergency basis, after the College undertakes an individualized safety and risk analysis, determines that the respondent poses an immediate threat to the physical health or safety of any student or individual arising from the allegations of sexual harassment and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.[48] The College may also place a non-student employee respondent on administrative leave during the pendency of a grievance process.[49] 

The College will provide information, in writing, about how the College will protect the confidentiality of complainants[50], including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the complainant[51], to the extent permissible by law.[52] The College shall keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.[53] The College shall maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures.[54]

The College does not require, allow, rely upon, or otherwise use questions or evidence that constitute or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.[55]  

Grievance Procedures for Formal Complaints of Sexual Harassment           

For purposes of addressing formal complaints of sexual harassment, the College will comply with the grievance procedures of this section. The College’s grievance procedures treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and by following a grievance process that complies with this section before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.[56] Remedies are designed to restore or preserve equal access to the College’s education program or activity.[57] 

Grievance proceedings shall be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.[58] Proceedings shall provide a prompt, fair, and impartial investigation and resolution.[59] 

The College’s grievance procedures shall use an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence.[60] During the grievance process, credibility determinations may not be based on a person’s status as a complainant, respondent, or witness.[61]

Any individual designated by the College who is to be involved in the College’s grievance procedures, such as a coordinator, investigator, or decision-maker, shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.[62] It is presumed that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process[63]

The College’s grievance procedure includes reasonably prompt time frames for the conclusion of the grievance process. This includes reasonably prompt timeframes for filing and resolving appeals and informal resolution processes, and a process that allows for the temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the complainant and the respondent for the delay or extension and the reasons for the action.[64] “Good cause” may include consideration such as the absence of  a party, a party’s advisor, or a witness, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities.[65]

The College’s grievance procedures describe the range of possible sanctions and remedies that the College may implement following any determination of responsibility.[66] The grievance procedures also describe the standard of evidence to be used to determine responsibility. This standard of evidence is applied for formal complaints against students as well as formal complaints against employees, including faculty.[67] It shall be applied to all formal complaints of sexual harassment.[68] 

The College must provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community.[69] The College provides such written notification in Appendix “A”.  There are a range of supportive measures available to complainants and respondents. [70] Such supportive measures may include but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. 

Upon receipt of a formal complaint from a student or employee or upon the initiation of a formal complaint by the Title IX Coordinator on behalf of the College, the College must provide the following written notice to the parties who are known: notice of the College's grievance procedures, including any information resolution process, notice of the allegations of sexual harassment potentially constituting sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known.[71]

The College’s written notice must also include a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.[72]

 The written notice must inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney and may inspect and review evidence. In addition, the written notice must inform the parties that “lying in official matters” is a violation of the College’s Honor Code.  “Lying in official matters” means the statement of an untruth or the falsification of “official material” with intent to mislead administration, faculty, residence life staff, Campus Police officers, or Honor Council or Social Conduct Council members when acting in their official capacities. “Official material” means material having to do with course work, College administration, faculty, residence life staff, Campus Police, the Council, or the Social Conduct Council.[73]

If, in the course of investigation, the College decides to investigate allegations about the complainant or respondent that are not included in the notice requirements above, then the College will provide notice of the additional allegations to the parties whose identities are known.[74] 

The College must investigate the allegations in a formal complaint.[75] If the conduct alleged in the formal complaint would not constitute sexual harassment even if proved, did not occur in the College’s education program or activity, or did not occur against a person in the United States, then the College must dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under title IX.[76] However, such a dismissal does not preclude action under another provision of the College’s code of conduct.[77]

As soon after the initiation of the investigation as possible, the Title IX Coordinator or the designated investigator shall notify all College employees or students who are believed to have documentary, electronic, or tangible evidence to preserve such evidence for the investigation.[78] The College must also notify the complainant[79] of: (a) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order, (b) the agencies to whom the alleged offense should be reported, (c) options regarding law enforcement and campus authorities, including notification of the complainant’s[80] option to (i) notify proper law enforcement authorities, including on-campus and local police, (ii) be assisted by campus authorities in notifying law enforcement authorities if the complainant[81] so chooses, and (iii) decline to notify such authorities.[82]

When investigating a formal complaint, the College must ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties, provided that the College cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the College obtains that party’s voluntary, written consent to do.[83]

The College must provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.[84]

The College must also provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.[85] In addition, the College may not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.[86]

The College must provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice.[87] The College may not limit the choice of advisor or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding.[88] Advisors are not required to be attorneys.[89] Additionally, the College may not limit the choice or presence of an advisor for either the complainant or respondent in any meeting or grievance proceeding.[90] However, the College may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.[91]

The College must also provide to the party whose participation is invited or expected written notice of the date, time, location, participants, and purpose of all hearings, investigative interview, or other meetings with a party, with sufficient time for the party to prepare to participate.[92] 

The College is required to create an investigative report that fairly summarizes relevant evidence.[93] Prior to completion of an investigative report, the College must send each party and the party's advisor, if any, the evidence subject to inspection and review in an electronic format, or a hard copy, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.[94] The College must also provide a copy of the investigative report at least 10 days prior to a hearing or other time of determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy,  for their review and written response.[95] 

The College is required under Title IX to have a live hearing as part of the College’s grievance procedures.[96]

During a live hearing, the College and the College's decision-maker(s) must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.[97] Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the parties' advisor of choice and never by a party personally, notwithstanding the discretion of the College to otherwise restrict the extent to which advisors may participate in the proceedings.[98] If a party does not have an advisor present at the live hearing, the College will provide without fee or charge to that party, an advisor of the College’s choice, who may be, but is not required to be, an attorney, to conduct cross examination on behalf of that party.[99]

 The College must also make all evidence subject to the parties' inspection and review available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examinations.[100]

Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.[101] Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.[102]

If a party or witness does not submit to cross-examination at the live hearing, the decision-maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision-maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.[103]

Live hearings may be conducted with all parties physically present in the same geographic location or, at the College’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.[104] Colleges must create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.[105] At the request of either party, the College must provide for the live hearing to occur with the parties located in separate rooms with technology enabling the decision-maker(s) and parties to simultaneously see and hear the party or the witness answering questions.[106] 

Determination Regarding Responsibility 

For the purpose of making a determination regarding responsibility, the College must appoint decision-maker(s) who cannot be the same person(s) as the Title IX Coordinator(s) or the investigator(s) for the College's grievance procedures.[107] When making a determination regarding responsibility, the College must apply the standard of evidence as defined above.[108]

The College's decision-maker(s) must issue a written determination regarding responsibility.[109] The College must provide the written determination to the parties simultaneously.[110] The College's written determination must include:

(a) identification of the allegations potentially constituting sexual harassment;

(b) a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

(c) findings of fact supporting the determination;

(d) conclusions regarding the application of the College’s code of conduct to the facts;

(e) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the College imposes on the respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the complainant; and 

(f) the College’s procedures and permissible bases for the complainant and respondent to appeal.[111]

The College must list all of the possible sanctions or supportive measures that the College may impose following the results of any College disciplinary proceeding for an allegation of dating violence, domestic violence, sexual assault, or stalking in its annual security report, all of which are listed in Appendix “B”.[112] In cases of alleged violence, sexual harassment, dating violence, sexual assault, or stalking, both the complainant and the respondent shall be simultaneously informed in writing of the outcome of any institutional disciplinary proceeding, the institution's procedures for the accused and the complainant[113] to appeal the results of the institutional disciplinary proceeding, any change to the results that occurs prior to the time that such results become final, and when such results become final.[114]

The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.[115]

The Title IX Coordinator is responsible for effective implementation of any remedies.[116] 

Appeals 

The College must offer both parties an appeal from a determination regarding responsibility, and from a College’s dismissal of a formal complaint or any allegations therein, on the following bases: (a) procedural irregularity that affected the outcome of the matter; (b) new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and/or (c) the Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.[117] Either party may appeal a determination regarding responsibility or a dismissal of a formal com-plaint or any allegations therein by filing appeal with the Title IX Coordinator within seven (7) days from the date of which the action subject to appeal was taken. The appeal shall be heard by trained decision-making individuals appointed by the President to review the matter, or by the President himself.

As to all appeals, the College must (a) notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties; (b) ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator; (c) ensure that the decision-maker(s) for the appeal complies with the standards set forth in this policy and Title IX; (d) give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome; (e) issue a written decision describing the result of the appeal and the rationale for the result; and (f) provide the written decision simultaneously to both parties. [118] 

Informal Resolution Process 

College may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment consistent with this section.[119] Similarly, College may not require the parties to participate in an informal resolution process under this section and may not offer an informal resolution process unless a formal complaint is filed.[120] However, at any time prior to reaching a determination regarding responsibility the College may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the College (a) provides to the parties a written notice disclosing: (i) the allegations, (ii) the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and (iii) any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; (b) obtains the parties’ voluntary, written consent to the informal resolution process; and (c) does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.[121] 

Record Keeping 

A College must maintain for a period of seven years records of each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the College’s education program or activity; any appeal and the result therefrom; any informal resolution and the result therefrom; and all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.[122] Materials used to train Tile IX Coordinators, investigators, decision-makers, and any persons who facilitates an informal resolution process will be publicly available on the College’s website.[123]

The College shall create, and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment.[124] In each instance, the College shall document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the College’s education program or activity.[125] If the College does not provide a complainant with supportive measures, then the College must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.[126] The documentation of certain bases or measures does not limit the College in the future from providing additional explanations or detailing additional measures taken.[127] 

Prevention and Education 

The College shall provide education programs to promote the awareness of rape, acquaintance rape, domestic violence, sexual assault, sexual harassment, and stalking, which shall include: 

1. Primary prevention and awareness programs for all incoming students and new employees, which shall include:
2. A statement that the College prohibits the offenses of domestic violence, dating violence, sexual assault, sexual harassment, and stalking;
3. The definition of domestic violence, dating violence, sexual assault and stalking in the state of Alabama;
4. The definition of consent, in reference to sexual activity, in the state of Alabama;
5. Safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, sexual assault, sexual harassment, or stalking against a person other than such individual;
6. Information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks.
7. Information described in 20 U.S.C. 1092(f)(8)(B)(ii) though (vii) (which may be found at https://www.law.cornell.edu/uscode/text/20/1092); and
8. Ongoing prevention and awareness campaigns for students and faculty including the information described in clauses (a) through (f) of subparagraph 1 above.[128]

Training 

The College ensures that Title IX coordinators, investigators, and decision-makers, and any person who facilitates an informal resolution process, receive training on the definition of sexual harassment, the scope of the College’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.[129] Coordinator(s) should be knowledgeable about other applicable Federal and State laws, regulations, and policies that overlap with Title IX.[130] Additionally, the College ensures that decision-makers receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.[131] Furthermore, the College ensures that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.[132]

The College uses training materials that do not rely on sex stereotypes to train coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.[133] The College also uses materials that promote impartial investigations and adjudications of formal complaints of sexual harassment to train coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.[134] 

Retaliation Prohibited

The College or any other person may not intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by title IX or this part, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part.[135] Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by title IX or this part, constitutes retaliation.[136] Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination.[137] The exercise of rights protected under the First Amendment does not constitute retaliation.[138] Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this part does not constitute retaliation.[139] However, a determination regarding responsibility alone will not be sufficient to conclude that any party made a materially false statement in bad faith.[140] 

[1] 34 CFR §106.31

[2] 2001 Guidance, p. 2.

[3] 2001 Guidance, p. iii.

[4] 34 CFR §106.8(c).and (d); 34 CFR §106.31(b); 2001 Guidance, p. 13.

[5] 34 CFR §106.8(a)

[6] 34 CFR §106.8(b)(1)

[7] 34 CFR §106.8(b)(1)

[8] 34 CFR §106.8(b)(2)(i)

[9] 34 CFR §106.8(b)(2)(i)

[10]34 CFR §106.8(b)(2)(ii)

[11] 34 CFR §106.8(c)

[12] 34 CFR §106.8(c)

[13] 34 CFR §106.30(a)

[14] 34 CFR § 668.46(a)

[15] 34 CFR §106.30(a)

[16] 34 CFR §106.30(a) The Assistant Secretary will not require Colleges to adopt a particular definition of consent with respect to sexual assault, as referenced in this section.

[17]34 CFR §106.44(a)

[18] 34 CFR §668.46

[19] The use of the word “victim” in this policy stems from the use of that word in 34 CFR §668.46 and is not intended to infer the guilt or innocence of any party with respect to any crime or any violation of this policy.

[20] 34 CFR §668.46

[21] 34 CFR §106.44(a)

[22] 34 CFR §106.30(a)

[23] 34 CFR §106.30(a)

[24] https://definitions.uslegal.com/r/retaliation/ (July 19, 2019).

[25] 34 CFR § 668.46(a)

[26] 34 CFR § 668.46(a)

[27] 34 CFR § 106.30(a)

[28] 34 CFR § 668.46(a)

[29] 34 CFR § 668.46(a)

[30] 34 CFR § 668.46(a)

[31]34 CFR §106.30(a)

[32] 2001 Revised Sexual Harassment Guidance, pp. 7-8.

[33] 34 CFR §106.8(a)

[34] 34 CFR §106.8(a)

[35] OCR Guidance on Title IX Coordinators (April 24, 2015), pp. 2-3

[36] 34 CFR §106.8(a)

[37] OCR Guidance on Title IX Coordinators (April 24, 2015), p. 3

[38] OCR Guidance on Title IX Coordinators (April 24, 2015), p. 4

[39] 34 CFR §106.8(a)

[40] 34 CFR §106.8(a)

[41] 34 CFR §106.44(a)

[42] 34 CFR §106.44(a)

[43] 34 CFR §106.44(a)

[44] Although 34 CFR §668.46 and 20 U.S.C. §1092 refer to “victim”, this policy utilizes the word “complainant” because “complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment under 34 CFR§106.30(a). See Section III for the definition of “complainant.”

[45] 34 CFR §668.46(b)(11)(v)

[46] 34 CFR §106.44(b)(1)

[47] 34 CFR §106.44(b)(1)

[48] 34 CFR § 106.44(c)

[49] 34 CFR §106.44(d)

[50] See Note 46 above.

[51] See Note 46 above.

[52] 34 CFR §668.46(b)(11)(A)

[53] 34 CFR §106.71(a)

[54] 34 CFR §106.30(a)

[55] 34 CFR 106.45(b)(1)(x)

[56] 34 CFR §106.45(b)(1)(i)

[57] 34 CFR §106.45(b)(1)(i)

[58] 34 CFR §668.46(k)(2)(ii)

[59] 34 CFR §668.46(k)(2)(i)

[60] 34 CFR §106.45(b)(1)(ii)

[61] 34 CFR §106.45(b)(1)(ii)

[62] 34 CFR §106.45(b)(1)(iii)

[63] 34 CFR §106.45(b)(1)(iv)

[64] 34 CFR §106.45(b)(1)(v)

[65] 34 CFR §106.45(b)(1)(v)

[66] 34 CFR §106.45(b)(1)(vi)

[67] 34 CFR §106.45(b)(1)(vii)

[68] 34 CFR §106.45(b)(1)(vii)

[69] 34 CFR §668.46 (b)(11)(iv)

[70] 34 CFR §106.45(b)(1)(ix)

[71] 34 CFR §106.45(b)(2)(i)(A)-(B)

[72] 34 CFR §106.45(b)(2)(i)(B)

[73] 34 CFR §106.45(b)(2)(i)(B)

[74] 34 CFR §106.45(b)(2)(ii)

[75] 34 CFR §106.45(b)(3)(i)

[76] 34 CFR §106.45(b)(3)(i)

[77] 34 CFR §106.45(b)(3)(i)

[78] 34 CFR §668.46((b)11)(ii)(A)

[79] See Note 46 above.

[80] See Note 46 above.

[81] See Note 46 above.

[82] 34 CFR §668.46((b)11)(ii)(A)

[83] 34 CFR §106.45(b)(5)(i)

[84] 34 CFR §106.45(b)(5)(vi)

[85] 34 CFR §106.45(b)(5)(ii)

[86] 34 CFR §106.45(b)(5)(iii)

[87] 34 CFR §106.45(b)(5)(iv)

[88] 34 CFR §106.45(b)(5)(iv)

[89] 34 CFR §105.45(b)(5)(iv)

[90] 34 CFR §106.45(b)(5)(iv)

[91] 34 CFR §106.45(b)(5)(iv)

[92] 34 CFR §106.45(b)(5)(v)

[93] 34 CFR §106.45(b)(5)(vii)

[94] 34 CFR §106.45(b)(5)(vi)

[95] 34 CFR §106.45(b)(5)(vii)

[96] 34 CFR §106.45(b)(6)(i)

[97] 34 CFR §106.45(b)(6)(i)

[98] 34 CFR §106.45(b)(6)(i) 

[99] 34 CFR §106.45(b)(6)(i)

[100] 34 CFR §106.45(b)(5)(vi)

[101] 34 CFR §106.45(b)(6)(i)

[102] 34 CFR §106.45(b)(6)(i)

[103] 34 CFR §106.45(b)(6)(i)

[104] 34 CFR §106.45(b)(6)(i)

[105] 34 CFR §106.45(b)(6)(i)

[106] 34 CFR §106.45(b)(6)(i)

[107] 34 CFR §106.45(b)(7)(i)

[108] 34 CFR §106.45(b)(7)(i)

[109] 34 CFR §106.45(b)(7)(i)

[110] 34 CFR §106.45(b)(7)(iii)

[111] 34 CFR §106.45(b)(7)(ii)(A)-(F)

[112] 34 CFR §668.46(k)(1)(k)(iii)

[113] See Note 46 above.

[114] 20 U.S.C. § 1092(f)(8)(B)(iv)(III)

[115] 34 CFR §106.45(b)(7)(iii)

[116] 34 CFR §106.45(b)(7)(iv)

[117] 34 CFR §106.45(b)(8)(i)

[118] 34 CFR §106.45(b)(8)(iii)

[119] 34 CFR §106.45(b)(9).

[120] 34 CFR §106.45(b)(9)

[121] 34 CFR §106.45(b)(9)(i)-(iii)

[122] 34 CFR §106.45(b)(10)(i)(A)-(D)

[123] 34 CFR §106.45(b)(10)(i)(A)-(D)

[124] 34 CFR §106.45(b)(10)(ii)

[125] 34 CFR §106.45(b)(10)(ii)

[126] 34 CFR §106.45(b)(10)(ii)

[127] 34 CFR §106.45(b)(10)(ii)

[128] 34 CFR §668.46(j)

[129] 34 CFR §106.45(b)(1)(iii)

[130] OCR Guidance on Title IX Coordinators (April 24, 2015), p. 6.

[131] 34 CFR §106.45(b)(1)(iii)

[132] 34 CFR §106.45(b)(1)(iii)

[133] 34 CFR §106.45(b)(1)(iii)

[134] 34 CFR §106.45(b)(1)(iii)

[135] 34 CFR §106.71(a)

[136] 34 CFR §106.71(a)

[137] 34 CFR §106.71(a)

[138] 34 CFR §106.71(b)(1)

[139] 34 CFR §106.71(b)(2)

[140] 34 CFR §106.71(b)(2)

Appendix “A” 

Contact Information for Title IX Coordinator and Supporting Services

Date: August 14, 2020 

 Appendix “B”

Possible Sanctions or Supportive Measures That College May Impose Following the Results of Any College Disciplinary Proceeding under this Policy 

The possible sanctions that College may impose include general probation, residential probation, conduct probation, conduct probation without representation, disciplinary suspension, residential suspension, social suspension, explosion, and residential suspension. 

The possible supportive measures that College may impose include counseling, training and tutorials (in-person and/or online) directly related to the circumstances involved in the violation, research and written assignments, engagement/attendance at relevant activity within the local community, and other educational sanctions.

PHILOSOPHY 

The Office of Residence Life & Housing strives to support the mission of Birmingham-Southern College “to provide a liberal arts education of distinctive quality that challenges students to think independently and communicate clearly, to examine the arts and sciences aesthetically and critically, and to be committed to intellectual and social responsibility.” The College has a clear academic goal and has designed its academic structure to meet that goal; but the College recognizes that learning is a process that also takes place outside the strictly academic realm. The College therefore recognizes its responsibility to its students to promote an overall experience that will enable its graduates to realize the goals of the College. In promoting this experience, the College seeks to provide a healthy community environment for its students. 

The College also recognizes its historical ties to the United Methodist Church in designing the structure of its community. In its Book of Discipline, The United Methodist Church makes a statement concerning the “Nurturing Community” which serves as a cornerstone of the College policy: 

“The community provides the potential for nurturing human beings into the fullness of their humanity. We believe we have a responsibility to innovate, sponsor, and evaluate new forms of community that will encourage development of the fullest potential in individuals. Primary for us is the gospel understanding that all persons are important— because they are human beings and not because they have merited significance. We therefore support social climates in which human communities are maintained and strengthened for the sake of every man, woman, and child.” 

Many of the traditions at Birmingham-Southern College are rooted in this desire to provide students with a nurturing community. The Honor Code is one such tradition. The Honor Code is a concept which has existed at ’Southern for several decades. Its purpose is to foster an atmosphere in which an individual’s integrity, sense of responsibility, and ability to engage in creative, independent scholarship can be nurtured. Within the College community, a student can claim only as much independence as that for which he or she can demonstrate his or her ability to assume responsibility. 

Recognizing this fundamental need to assume responsibility for oneself, the College attempts to provide an “Environment of Responsible Choice” for its students. The College places with the student the burden of personal integrity and personal responsibility. This can be done only if there can be created a nurturing community in which choices can be made and evaluated and in which personal development can therefore occur. 

It is with this basic philosophy in mind that the College sees the campus life experience as a part of the total educational experience. When the student chooses to live on campus, he or she enters into an agreement with the College. The student agrees to abide by both the letter and the spirit of College regulations and traditions. In return, the College agrees to provide the student with a community environment that will be optimally conducive to his or her educational experience. 

The relationship between the College and the student, however, goes beyond the legal concept of a contractual agreement. The aim of the College is not to demand blind obedience of its regulations, but rather to demonstrate to the students the purpose of its regulations and that they exist for the common good. The College seeks to allow the student to make his or her own decisions. The College acts as a point of reference for this decision-making and as a source of counsel. When the student chooses wisely within the sphere of his or her community environment, the College seeks to give support to such choices; when choices are unwise, the College seeks to guide the student into different choices; and when a student is indecisive, the College wants to offer the warm moral support that builds responsible choice. 

It is within this context that the College builds its housing and social policies — policies that allow the student freedom of choice within the framework of reasonable community constraints; policies that allow the student, within the bounds of a nurturing community, to mature into a thoughtful person. 

RESIDENT STUDENT RESPONSIBILITIES

Residential students living in College housing are responsible for knowing and understanding the contents of the Housing Agreement and all policies contained in the Student Handbook. Students are liable for and should insure themselves against personal loss or damage. Additionally, residential students are responsible for the care and cleaning of their residential space, care of common areas, maintenance of health and safety standards, payment for excess wear or damage to College property, or the content of any communication distributed or posted in residential buildings. 

RESIDENCE LIFE POLICY VIOLATIONS

Students must adhere to the policies regarding on-campus housing as set forth in this section of the Student Handbook. It is the duty of the College to maintain a suitable living environment in the residence halls, Hilltop Village Apartments, and Greek Houses. The Residence Life policies have been established to create and maintain an atmosphere that is safe, considerate, and conducive to the pursuit of academic excellence. The Director of Residence Life, or his or her designee will address all violations of Residence Life policies within the residence halls, along with other individuals in the Office of Student Development when appropriate. In each case, the Student Development official responding to the violation may either offer a solution to the person(s) involved with the violation or refer the incident to the Honor and/or Social Councils. In incidents involving violations of Residence Life policies, students may appeal any decision made by the Director of Residence Life or other Student Development Official to the Vice President for Student Development. Any appeals regarding decisions about violations of Student Conduct policies are addressed through the Social Conduct Council. 

QUIET HOURS

Quiet hours are to be observed in all of the on-campus housing areas and on the residence hall quadrangle between the hours of 8 P.M. and 8 A.M. During exam period the campus observes 24-hour quiet hours from 8 P.M. on the last day of classes until the end of the final exam period. Quiet hour violations are defined as any excessive noise that disturbs residents in a living area. 

ACTS OF INCONSIDERATION

Acts of inconsideration are (a) Excessive noise by either host or guest in a living area. (b) Abuse of the right to privacy of a roommate or suite-mate (c) Behaving in an unruly manner while either as a guest or as a host in a living area including excessive noise and/or damage to the living area of the inhabitants. The resident in question may be subject to disciplinary action or referral to the Social Conduct Council.

GUEST POLICY IN RESIDENCE HALLS

Guests

Guests may be entertained in residential spaces, understanding the host is responsible for his or her guest(s). The host is responsible for informing his or her guest(s) of the policies and regulations, and will be responsible for any fines incurred by a guest. All Birmingham-Southern College students are responsible for knowing the College’s residence hall regulations. 

Parties

Only small gatherings that are wholly contained within the room of the host(s) are permitted. The noise level may not be disturbing to neighboring resident students. The host(s) assumes the responsibility for the conduct of guests, but all individuals present may be held responsible if a violation of College Policy occurs. 

Cohabitation

Cohabitation occurs when an individual resides in a residential space for which they are not assigned. Cohabitation is prohibited and the resident in question may be subject to disciplinary action. Excessive visitation, defined as more than three consecutive nights, resulting in the disruption of a living area or an infringement on the privacy of a roommate is also prohibited. Continuous violations of this policy may result in removal from college housing.

ROOM USAGE

It is the responsibility of the resident to keep their room reasonably clean and safe from hazards. Health and Safety Inspections occur monthly throughout the year by Residence Life staff. If a student does not keep their residence clean and/or free from hazards, residential violations may range from a fine to removal from the residence halls. 

Restriction of Use of Rooms:

1. Use of bed lofts, ramps, cinder blocks, and other such structures that elevate furniture are strictly forbidden. Store bought bed risers are allowed. Risers must not exceed six inches.
2. These premises may not be used as sales rooms or for the storage of merchandise.
3. Students may not keep pets of any description inside or outside of a residence hall room. The only exception is small fish housed in an aquarium that does not exceed 10 gallons. Possession of pets in the residence halls will result in a $250 fine levied against both the violator and the roommate.
4. Room occupancy other than by those persons assigned to that space is prohibited.
5. Gambling is prohibited in all residential spaces.
6. Refrigerators no larger than 4.6 cubic feet are permitted in the rooms but must either be plugged directly into an electrical outlet, or, if an extension cord is used, the extension cord must be a UL approved power strip.
7. In any case where an extension cord is used, the cord must be plugged into a UL approved power strip.
8. College furniture in a residential room may not be removed from the room or dismantled. Any outside furniture brought into the residential space is subject to approval by the Office of Residence Life.
9. Mattresses are provided for all residential spaces. No outside mattresses are permitted in any residential spaces.
10. The common rooms and the laundry room in each residence hall are the only areas where ironing is allowed.
11. V. and stereo sets are permitted in the residence halls. If usage of such is deemed disruptive or unsafe by Residence Life Staff, residents will be instructed to remove the item(s).
    1. Any set used in a common area of the building must be installed with the approval of the Director of Residence Life.
    2. Any set installed in a student’s room must be with the agreement of the roommate.
    3. All sets must be in good working order and free from hazardous defects.
12. Soliciting and peddling are prohibited in residential spaces except with the written permission of the Director of Residence Life.
13. Ceiling fans are not allowed.
14. The ledges beneath the windows of Margaret Daniel, Cullen Daniel and New Men’s Residence Halls are for emergency use They are not for use as a passage between rooms, a sundeck, a window garden, bar-b-que area, or for any other purpose.
15. Screens are placed on all windows of the residence halls. Removal of these screens for any reason will result in a $25 fine.
16. Each student is responsible for the general condition of the premises assigned to him or her, including damages, defacement, and general order. Charges for damages or defacement will be assessed to the occupants in addition to a monetary fine at the discretion of the Director of Residence Life. Charges for damages to defacement of any area in common use, such as bathroom, lounges, recreation room, or corridor may be assessed equally to the residents of the area.
17. Weapons are not allowed on campus (see Weapons Policy).
18. Sand is not allowed inside any residence halls, apartments, or anywhere in Greek houses.

Decoration Policy

1. Alterations, additions, “improvements”, or changes to the residential space or common areas within a residential area, including the exterior of a building are prohibited.
2. Changing, replacing, or altering appliances, shower or sink heads, faucets, or any other College owned property is prohibited.
3. No items, materials, or pictures which are visible from outside the window of the residential space may be hung or displayed in common spaces, over or covering windows, or obscuring or blocking exits (i.e. doors and windows).
4. Use of nails, screws, double sided sticky tape, or any method of affixing materials to the wall that will permanently alter the wall are forbidden.

5. Painting a residential space or common area is prohibited.
6. A student may not have in plain view distasteful, offensive, or pornographic pictures or posters in residential spaces.
7. Defacing College or private property including but not limited to installing ceiling fans, rewiring lights, adding locks to doors or windows, or altering wiring is prohibited.
8. Temporary decorations for federally recognized holidays are permitted, but must be removed
   1. Christmas Trees or “live cut” trees are not permitted
   2. All electronic decorations and lights should be turned off and unplugged overnight.
   3. Power cords cannot run between doors and door frames or under rugs or carpeting.
9. The Director of Residence Life shall have the final authority as to what material may be used in decorations, should questions arise.

Fire Prevention

No occupant or visitors will be permitted to collect and/or assemble any amount of material which would constitute a fire hazard anywhere in the residence hall area.

1. There shall be no open flames or open fires of any type permitted in the residence hall area.
2. Incense and candles are not permitted.
3. Any person who starts an open fire or flame, creates a fire hazard of any kind by collecting explosive or highly flammable material in his or her room, or tampers with any fire safety equipment will be subject to a $75.00 fine, in addition to any maintenance cost, and will be subject to expulsion from the residence halls as well as further sanctions from the College.
4. Fireworks of any type are strictly forbidden anywhere on campus. Use of or possession of any type of fireworks will result in a $75.00 fine and/or expulsion from the residence halls.
5. Fog machines are not permitted in residence halls or anywhere in Greek houses.
6. Smoking must be at least fifty feet from any residence hall.
7. Cooking is not permitted in the residence hall rooms; cooking may only be done in the designated area provided. Unauthorized appliances may be confiscated by a residence life staff member, including toasters, ovens, hot plates, indoor grills and oil-based popcorn poppers. George Foreman type grills and Air Fryers are permitted in the Hilltop Village Apartments.

ROOM SEARCHES

1. Room searches by civil authorities may be conducted in accordance with local, state, or federal law.
2. Room searches by College authorities may be conducted under the following circumstances:
   1. A college official, actually observing or hearing what he or she reasonably believes to be a violation of the Housing Agreement, the policies of The College, the Social Code, or of civil law, may seek authorization for a search.
   2. Campus Police may conduct a search of an individual, personal effects, or residential area, including any residence hall room or apartment with verbal authorization from another Campus Official. Searches can be authorized by any member of the Residence Life professional staff (i.e. Director, Assistant Director,

Coordinator), the Assistant Dean of Students, the Associate Dean of Students, the Vice President for Student Development, any Student Development staff serving in the duty rotation, the Vice President for Administration, the Provost of the College, or the President of the College.

3. Search authorization should be documented in writing, identifying the reason for the search, the officer conducting the search, the staff member who provided authorization, and the areas to be searched.
4. If the occupants of the room are not present following a reasonable effort to make contact, the room may be entered by mean of pass key by Campus Police.
5. A College official shall be held free from any liability for invasion of privacy, when, as a person of reasonable and prudent caution, and in cases of imminent danger, he or she may enter residence quarters for purposes of protecting the welfare of the College or the safety of its students and property.
6. The occupant(s) of the room may remain present in the room during the search procedure unless, as determined by the issuing authority, the student hinders the efforts of the College official(s) conducting the search.

NOTE: Searches of automobiles will follow the same procedures.

RESIDENTIAL FINES

The College reserves the right to fine students for non-compliance with the Housing Agreement and campus policies. Below is an example listing of possible fines. This list is intended to be a guide for the Housing Staff in assessing fines for violation of the Housing Agreement. It does not preclude the right of the institution to give greater or lesser fines for violations or for violations not listed when it is deemed appropriate. Additionally, this list is not all inclusive and additional fines will be determined at the discretion of the Director of Residence Life. 

Fine                                   Violation

$5.00                                  Per item for cafeteria items found in room

$25.00                                Missing a mandatory Hall meeting

$25.00                                Quiet Hour Violation

$25.00                                Removing window screen

$25.00                                Possession or use of prohibited appliances/items as described in Handbook (confiscation on first offense)

$25.00                                Possession of lounge furniture in an individual room

$25.00                                Installing outside antennae

$25.00                                Throwing objects from residential window

$25.00                                Use of nails, screws, double sided tape, or other method of permanently altering a wall

$30.00                                Trash left outside of apartments

$50.00                                Improper Room Change

$50.00                                Possession of candles, incense, or flammable liquids

$50.00                                Littering

$50.00                                Violation of Sign Posting Policy

$50.00                                Installing a ceiling fan (fan will be confiscated on first offense)

$50.00                                Smoking within fifty feet of a residence hall

$50.00                                Smoking in room/residence hall

$50.00                                Failure to cooperate with Housing Staff

$75.00                                Vertical blind replacement

$75.00                                Tampering with or setting off a fire alarm

$75.00                                Possessing or discharging fireworks

$75.00                                Damage to College Property plus replacement costs

$75.00                                Refusing to cooperate during a fire drill or mandatory evacuation

$75.00                                Failure to cooperate with Housing Staff during tornado drill or warning

$75.00                                Discharging a fire extinguisher, plus cost of recharging the extinguisher

$75.00                                Being on a window ledge, roof, or other restricted area

$75.00                                Possession of firearms, knives, projectile devices (i.e., balloon launchers, pellet guns, cross bows, etc.),                                                 explosive materials plus confiscation

$100.00                               Painting a residence hall room or apartment

$100.00                               Replace lost key for any residential room

$250.00                               Animal/pet in or outside of a residence hall

$500.00                               Tampering with or setting off sprinkler system (plus cost of damages)

Cost + Labor                        Replacement or repair of appliances due to neglect (Hilltop Village Apartments) 

The Offices of Residence Life and Student Development reserve the right to charge students appropriate fines for other violations not listed above. Any student has the right to appeal a fine through the Associate Dean of Students. 

TERMS AND CONDITIONS

Cancellation Policy: If cancellation of a residential room reservation is necessary before the start of an academic year, the student must inform Residence Life by the deadlines set by that office. Students will incur no financial penalty for canceling a room reservation prior to the first set deadline. Failure to cancel a residential room reservation between the first and final deadline will result in a $500 penalty. Failure to cancel a room reservation by the final deadline will result in the student’s account being charged the full room rate for the fall term.

Late Check-In: Through the first five days after the term begins, a student who checks into the residence hall late will be charged for the full term. If it is necessary to check in after the first five days, and approval is secured from the Director of Residence Life, room rent will be prorated. Advance notice must be given to the Office of Residence Life in cases of late registration to insure that the assigned room will be reserved. 

Room Deposit: All resident students are required to submit a $100.00 room deposit before residence hall space will be assigned. Each resident must have a full $100.00 deposit at the beginning of each term. A request for refund of the housing deposit when leaving the residence hall permanently must be made with a mailing address listed. The room deposit request must be made within six months of the check-out date. Any student who moves without proper notification and authorization of proper housing officials, or fails to follow proper check in/check-out procedures will forfeit the room deposit. All fines or damage charges will be placed on the student’s account in the Student Account’s Office. 

Refunds: Total rental charges for rooms in College accommodations are not refundable except for withdrawal from College Housing within the first five days of each term. After four weeks in residence the entire room rent must be paid. The exception is a medical or military withdrawal. In those cases, room rental charges will be prorated from the date of withdrawal. 

Releases: Entering into a lease agreement with an outside leaser does not release the student from the financial obligation of his or her Housing Agreement. A student who moves from the residence hall into an apartment without proper authorization from the Director of Residence Life can be charged room rent in full in the same manner as any other resident student. 

Permission to live off-campus can be requested from the Director of Residence Life. To request permission to live off-campus while still under 21 years of age, or before one’s senior year, the student must submit a letter of request from the student and a letter of request from the student’s parents or guardians. Marriage does not release the student from the financial obligation of his or her Housing Agreement. Release for serious matters such as medical or military reasons may be considered by the Director of Residence Life. 

Fraternity/Sorority House Releases: Fraternity/sorority members may sign up to live in fraternity/ sorority houses at the time of the scheduled Housing Assignment process without consideration of full occupancy of the residence halls. 

Termination of the Housing Contract: The College reserves the right to terminate the Housing Agreement for violation of the Terms and Conditions of the Contract listed herein, or of The College’s Policies and Procedures, or of the Student Code of Rights and Responsibilities, or of civil law, or for health or social reasons, or, when in the judgment of The College, such termination is deemed necessary. 

GENERAL PROCEDURES

Keys

All room keys are the property of the College. A student may not have duplicate keys or lend keys to persons who are not BSC students. Lost keys must be immediately reported. A $60.00 charge will be assessed for each lost key for all residential keys. In addition, excessive lockouts will receive appropriate action to ensure students become responsible for their keys. No more than three lockouts are allowed throughout one semester without the implementation of penalties, including fines. 

Check-In Procedure

At the beginning of the academic year, students will be required to sign a room inventory form that notes the condition of their rooms/apartments before receiving a key. All students are required to complete the published check-in procedures, including signing a Housing Agreement for that academic year. 

Holiday Closing

The residence halls close during the December and Spring Breaks. During these times students are required to check-out of their residential space, but may leave all belongings in place during the holiday closing period. The correct check-out procedures are sent to all students via their BSC email accounts. Failure to follow check-out procedures may result in residence hall fines.

Mid-Year Check-Out

Any student who vacates his/her residential space during the regular course of the academic year must report to the Office of Residence Life to obtain a Permission to Check-Out Form. This form must be completed fully to avoid an improper room change charge of $50.00. 

End of Year Check-Out

Each year during the Spring term, specific instructions and check-out methods for the end of year checkout are sent to all residential students via their BSC email accounts. Students are responsible for vacating their residential space by the date specified in the academic calendar. Students are also responsible for leaving their rooms or apartments in the same condition as they were found, including cleaning the space prior to departure. Failure to follow the procedures published by the Office of Residence Life will result in residential fines being placed on the student’s account with the Office of Student Accounts. 

Break Housing

Break housing may be, but is not required to be provided for qualified students during official school breaks. If offered, students qualifying for break-housing include:

1. Students from a foreign country.
2. Students whose homes are outside the Southeastern U.S. and who are unable to go home.
3. Students not from the Birmingham area who have a job that requires that they be here during this time. (A letter from the employer of the student and the student stating dates the student will be working must be received by the Office of Residence Life.)
4. Athletes who have games scheduled during this time. 

When the College is able to offer break housing, an electronic link to the Break Housing Application will be sent to the BSC email accounts of all residential students several weeks before the break housing period begins. A separate application must be made for each break housing period. Each student approved for break housing will be charged a flat fee to remain on campus during the break housing period. The College is not required to provide break housing at any point during the academic year, including summer terms and will only do so when space can be accommodated. The Director of Residence Life reserves the right to remove any student from break housing who violates any Residence Life policy, Housing Agreement, or policy in the Code of Student Conduct during the break housing period. A refund of the break housing fee will not be issued to students removed for disciplinary reasons. 

Upperclass Room Assignments

Preference when making assignments usually given according to class and grade point average. However, upperclassmen who do not have a roommate for the upcoming year may lose their preference status or may be assigned a roommate or may be reassigned to a different room or residence hall by the Office of Residence Life. 

Room Change

The Room Change Period occurs within the first six weeks of each term and will be announced by the Office of Residence Life. During this time, any resident wishing to change rooms may request to do so. The process is dependent upon space availability and is handled on a first come, first served basis within class ranks (e.g. seniors first, juniors second, etc.). No one may change rooms without going through the official room change process.

During the room change period, a resident will obtain the proper paperwork from the Office of Residence Life which will allow him/her to change rooms. Failure to follow the proper room change procedures will result in a $50.00 improper room change fine. 

Consolidation Process

The consolidation process is a time of matching up residents who are currently without roommates. During this time period, students are responsible for finding their own roommates. The Office of Residence Life provides a list of possible roommates for the residents and will assist in the process if a request is made. All students who are without roommates must consolidate or pay for a private room. 

If a student does not choose a roommate by the end of the consolidation period, he/she will automatically be billed for a private room. When a decision is made concerning a roommate choice, the student must notify the Office of Residence Life. At that time the student will receive a Room Change Authorization Form. Room changes cannot be made without this form. 

Change of Rate of Occupancy

If, two weeks after the start of term, a single student is occupying a double occupancy space without a roommate, he or she will automatically be charged a private room rate for the term. This amount is 50% more than the semiprivate rate in the residence halls. A student wishing to avoid this charge must inform the Director of Residence Life that he or she wants reassignment. 

Changes in the Terms and Conditions

Changes may be recommended by the occupants in any residence hall or section thereof, resident staff, or both, so long as such changes are not contradictory to established College policy, have the approval of the Director of Residence Life, and are published so that due notice is provided. When approved by the Director of Residence Life, they will be considered College policy. 

The College reserves the right to make other rules as it deems necessary for the protection and for the safety, health, comfort, and convenience of all residents without prior notification to residents. Residents are responsible for reviewing and understanding all policies and procedures. 

GENERAL PROVISIONS 

The College reserves the right to:

1. Change assignment or rate;
2. Enter a student’s room to perform routine inspections, repairs, or housekeeping during reasonable hours or at any time in the event of emergency;
3. Confiscate items which are a violation of the Housing Agreement, the policies and procedures of the College, the Student Code of Rights and Responsibilities, or civil law, that are in plain view in a student’s room, when that room has been entered as specified in the following section titled Room Search Policy;
4. A student may be charged and/or fined for violations of the above mentioned agreement, policies and procedures, Code or civil law, when that violation has been determined within the guidelines of the Room Search Policy;
5. Conduct investigations of rooms not involved in routine inspection at any time with a warrant for entry issued by an official of the College and served in compliance with the Room Search Policy;
6. Allow a College official to enter or follow a student into his or her room if the official actually observes or hears what he or she reasonably believes to be a violation of the Code or civil law or of this Agreement;
7. Conduct fire drills in residential spaces during the course of the The College reserves the right to conduct a fire drill at any hour it deems necessary. Any student who refuses to cooperate with Residence Life Staff in the course of a fire drill will be subject to the proceedings of the Social Council as deemed appropriate by the Office of Residence Life. Any student who refuses to leave a residential space during the course of a fire drill may be subject to expulsion from College housing.

To anonymously report a suspected hazing violation, please fill out this form. 

2022 - Student Organization Handbook

Title I — Short Title

1.1.       This shall be known as the “Student Code of Rights and Responsibilities of Birmingham-Southern College.”

Title II — Bill of Rights

• The following enumeration of rights shall not be construed to deny or disparage other rights not in conflict with this Code of Rights and retained by students in their capacity as members of The College Community or as citizens of the State or of the United States. This Code shall not be construed in any manner which might run counter to a reasonable construction of the Charter and Bylaws of The College and the direction of the Board of Trustees, nor of the constitution and Bylaws of the Faculty, nor of the Constitution of the Student Body; nor shall it be construed, interpreted, or applied in any manner which would seem detrimental to the privileges, purposes, aims, and goals of Birmingham-Southern College as a private institution of higher learning.
  • Federal and state constitutional guarantees of free inquiry, freedom of expression, free assembly, and the right to privacy are specifically stated as guarantees on this campus.
  • Students are free to pursue their educational goals and to have appropriate opportunities for learning in the classroom and on the campus as shall be provided by The College
  • No disciplinary sanctions may be imposed upon any student without notice to the respondent of the nature and cause of the charges, and the opportunity given to the student to be heard.

Title III — Definitions

• When used in this Code of Rights,
  • The term “College” means Birmingham-Southern College, and, collectively, those responsible for its control and operation.
  • The term “student” includes all persons who are properly enrolled in courses in The College on a full- time or part-time basis in a regular or special curriculum who have been properly admitted to The College after a “bona fide” application and have been admitted to The College by the Office of Admissions as well as those who attend educational institutions other than BSC, but whose courses take place on the BSC campus, as well as those who are not officially enrolled for a particular term, but who have a continuing relationship with The College. Furthermore, anyone living in College residence halls will be considered a student in the areas of Social Conduct and subject to the authority of the Honor and Social Councils.
  • The term “instructor” means any person employed by The College to conduct classroom activities. In certain instances, a person may be both “student” and “instructor.” Determination of his or her status in a given situation will be made based on the surrounding facts.
  • The term “organization” means a number of persons who have registered with The College as set forth in Title VII of this Code.
  • The term “Student Press” means either an organization whose primary purpose is to publish and distribute any student oriented publication on campus or a regular publication of a student organization.
  • The term “components of The College” means the five elements of The College Community – trustees, administration, faculty, students, and alumni.
  • The term “shall” is used in the imperative sense.
  • The term “may” is used in the permissive sense.
  • All other terms have their natural meaning unless the context requires otherwise.

Title IV — Access to Higher Education

• Within the limits of its facilities, The College shall be open to all applicants who are qualified according to the admission requirements which may be adopted and established from time to time.
  • The College shall inform students of the characteristics and levels of achievement of students which it considers desirable in its program.
  • An applicant may not be denied admission solely because of race, color, or national origin, gender, sexual orientation, disability, or age.

Title V — Classroom Expression

• Discussion and expression of all views relevant to the subject matter is permitted in the classroom subject only to the responsibility of the instructor to maintain order and a climate conducive to learning, within the stated goals and purposes of The College.
  • Students are responsible for learning the content of any course for which they are enrolled.
  • Requirements of participation in classroom discussion and submission of written exercises are not inconsistent with this section.
• Academic evaluation of student performances shall not be based on prejudicial or capricious ground.
• Information concerning views of individual students, their beliefs, and political associations, acquired by professors in the course of their work as instructors, advisors, and counselors shall be considered matters of privacy and shall not be disclosed to unauthorized persons.

Title VI — Campus Expression

• Discussion and expression not inconsistent with the laws of the State and the United States are permitted within the institution. Support of any cause by orderly means not disruptive to the operation of The College is permitted.
• The College encourages expression of informative and differing viewpoints on issues and will support the presence on the campus of responsible persons representing various views. While The College aspires to maintain an open-speaker policy, the campus community must recognize its responsibility to prevent unreasonable harm to the institution through its speaker programs. This responsibility ultimately rests with the President of The College.
  • Under these guidelines, members of The College Community may use the facilities of The College at reasonable hours for the purpose of hearing speakers of their choice, provided:
    • The engagement is properly registered on the Master Calendar of The College ordinarily at least five class days before the date of the engagement.
    • Suitable facilities are available at that time.
    • The event is sponsored by a registered organization of the campus or by a group within the campus community which shall assume formally the responsibilities for the promotion of the event and for the good conduct of the meeting in the spirit of The College policy on fair inquiry and respect for the rights of all parties to be heard with decorum and courtesy.
    • The College shall not be liable for any expense connected with such event except as agreed to in advance.
  • It should be understood that sponsorship of guest speakers does not necessarily imply approval or endorsement of the views expressed either by the sponsoring group or by The College. The College cannot protect any speaker from state or federal prosecution for alleged violation of civil or criminal laws.

Title VII — Campus Organizations

• Organizations and groups may be established within The College for any lawful purpose. Affiliation with an extramural organization shall not, in itself, qualify or disqualify The College branch or chapter from institutional privileges.
• A group shall become an organization when registered with The College. No group may be so registered or continue to be registered if its purposes or programs are in conflict with the policies and procedures of The College, this Code of Rights, or of the laws of the State or of the United States.
  • All groups that meet the following requirements shall be registered:
    • A list of officers and copies of the constitution and bylaws of the group shall be submitted to the Assistant Dean of All changes and amendments shall be submitted within one week after they become effective.
    • Where there is affiliation with an extramural organization, that organization’s constitution and bylaws shall be filed with the appropriate College official or body, and all amendments thereto shall be submitted within a reasonable time after they become effective.
    • All sources of support funds shall be disclosed.
  • Membership in all College-related organizations, within the limits of their facilities, shall be open to any member of The College Community without regard to race, color, national origin, gender, sexual orientation, disability, or age, who subscribes to the stated aims and meets the stated obligations as enumerated in the constitution and bylaws of said organization.
  • Membership lists are confidential and solely for the use of the organization, except that names and addresses of officers shall be required as one of the conditions of eligibility for registration as an organization.
  • College facilities, if reasonably available, may be used by registered organizations, in accordance with all campus policies and procedures, for regular business meetings, for social programs, and for programs open to the public.

• The authority to allocate institutional funds derived from student fees for use by student organizations shall be delegated to the Student Government Association.
  • Student organizations seeking college funding may appeal to the SGA for approval.
  • Student organizations seeking college funding must comply with the following stipulations:
    • The requesting organization must be registered.
    • The requesting organization’s purpose must not be in conflict with the Mission Statement of The College.
    • The requesting organization’s purpose must not be legislative or include lobbying activities.
    • The event/purpose for the request must be open for all students who are interested in attending.
  • After eligibility is established, student organizations seeking college funding must submit a request for funds and budget to the A hearing must be scheduled by the SGA within fourteen days of the receipt of said request to hear the appeal for the funds.

Title VIII — Publications

• A student, group, or organization may distribute written material on campus without prior approval provided that its origin is denoted and that such distribution is not inconsistent with the laws of the State or of the United States and does not disrupt the operation of The College.
• The student press is to be free of censorship. The editors and managers shall not be arbitrarily suspended because of student, faculty, administration, alumni, or community disapproval of editorial policy or content. This editorial freedom requires a corollary obligation under the canons of responsible journalism, as stated in the bylaws of the Publications Board.

Title IX — Institutional Government

• All constituents of the institutional community are free, individually and collectively, to express their views on issues of institutional policy and on matters of interest to the student Clearly defined means shall be provided for student expression on all institutional policies affecting academic and student affairs. Available mediums for such expressions shall include the standing committees of The College and the Student Legislature and its committees.
• The role of the government and its responsibilities shall be made explicit. The principal definition of this role shall be found in the Constitution of the Student Body and in the Bylaws of the Student Government Association.
• Students have a primary concern in the establishment of social policies and regulations and rules of conduct for student affairs. Students shall have the privilege of participation in the establishment and enforcing of social regulations to representation on Committees of The College dealing with student affairs.
• Students shall be represented on selected standing and special committees of The College affecting student life in academic and curricular affairs, and in matters related to admissions and student

Title X — Protest

10.1.     The right of peaceful protest is granted within the institutional community under the constitutional guarantees of the First Amendment to the United States Constitution, subject to the paramount rights of The College, the safety and rights of individuals, the protection of property, and the continuity of the educational process.

Title XI — Privacy

• Students, as other citizens, have rights of privacy which extend to living quarters in residence halls, fraternity/sorority houses, and on-campus student apartments.
• Search of student rooms by civil authorities may be conducted in accordance with local, state, or federal law.
• Search of student rooms must adhere to the search procedures outlined in this handbook.
• In order to proceed with the outlined procedures, a college official must be presented with that evidence, or set of circumstances, that would cause a person of reasonable prudence to believe that the search of a residence hall or any other campus facility will disclose the actual or intended violation of the Policies and Procedures of The College, the Student Code of Rights and Responsibilities or civil law, or the instruments or products of such a violation.

Title XII — Records

• The privacy of all student records shall be recognized insofar as files may only be maintained by college staff who are employed for that purpose.
• Administrative staff and faculty should respect confidential information about students which they acquire in the course of their work.
• Access to their own records and files is guaranteed every student subject to reasonable regulation as to time, place, safety of record, and supervision. BSC complies with the provisions of the Family Educational Rights and Privacy Act of 1974.
• A student reserves the right to withhold information concerning campus memberships, political views, social views, or any other associations not directly related to the educational process.
• A student’s address, telephone number, e-mail address and photo identification may be released for general publication in an institutionally recognized directory. Students reserve the right to withhold directory information annually by notifying the Dean of Records and Research in writing. Such a request will remain in effect as long as that student is enrolled or until further notification by the student.
• Upon graduation or withdrawal from the institution, the student is assured that his or her records and files shall continue to be handled under the provisions of the Code and that which is outlined in The College catalog.

Title XIII — Use of The College Name

13.1. No individual, group, or organization may use The College name without the express authorization of The College except to identify the institutional affiliation. The use of such name does not imply support or approval by The College, and College approval or disapproval of any policy may not be stated or implied by an individual group or organization except after obtaining written consent from an administrative official of The College.

Title XIV — Amendments of the Code

• An amendment to the Code of Rights and Responsibilities shall originate in the Student Legislature and must be approved by two-thirds of the voting members.
• Any proposed amendment to this document shall be examined by the Honor Council and the President of The College. Upon approval by both, the amendment shall become effective.

COLLEGE PREAMBLE

The responsibility for the governance of Birming­ham-Southern College is originally vested in a Board of Trustees appointed by the North Alabama West-Florida Conferences of the United Methodist Church. Without relinquishing its major responsibili­ty and ultimate rights of decision, the Board of Trustees does, in fact, delegate its authority in the daily life of The College to a President appointed by the board. Without relinquishing this responsibility and authority to safeguard the security and welfare of The College, the President, in turn, delegates por­tions of this authority appropriately to certain administrative offices appointed by the President, and through a Code of Student Rights and Respon­sibilities, to a Student Body as it is selected for admission and self-organized as a component of this structure of delegations of authority. 

To this structure of an academic democracy it is recognized that all of the authorities of any one component of The College derive from the Board of Trustees. In order that the students of The College may participate creatively and effectively and with full protection in the complex academic structure, we do ordain and establish this Constitution of the Student Body of Birmingham-Southern College as the official instrument of our specified authorities and responsibilities. 

Article I

NAME

The official organization of the Student Body of Birmingham-Southern College shall be named the Student Government Association. 

Article II

MEMBERSHIP

The membership of the Student Government Association shall consist of all regular students of Birmingham-Southern College, as determined by the Offices of Admission and Records. 

Article III

THE STUDENT LEGISLATURE 

Section 1 — Composition

The Student Legislature shall be the governing unit of the Student Government Association and shall consist of the following:

1. Four Officers—President, Vice President, Secretary and Treasurer
2. Two Representatives from the Senior Class
3. Two Representatives from the Junior Class
4. Two Representatives from the Sophomore Class
5. Three Representatives from the Freshman Class
6. One Representative from each occupied Residence Hall, excluding Freshmen Halls
7. Two Commuter Representatives
8. Two Representative from The College’s Stu­dent Apartments
9. One Representative from the Fraterni­ty Housing
10. One Representative from the Sorority Townhouses
11.  

Section 2 — Special Representatives

If a population of students provides evidence that their interests are not represented in the current body, a special representative may be appointed, by two-thirds vote of the current voting members, to sit on the student legislature for the remainder of the current body’s term. This representative will have all powers of a normal representative position for the duration of their term, and shall be the unanimously chosen representative of the petitioning student population. 

Section 3 — Qualifications of Officers and Representatives

1. The President of the Student Government Asso­ciation shall be a student in either the Junior or Senior Class at the time of election or by the beginning of the next academic year.
2. All officers shall have maintained an overall grade point average of 2.5 at Birmingham-Southern. Each shall be chosen by a vote of the entire Student Body.
3. All representatives to the Student Legislature, except the three representatives from the Fresh­man Class, shall have maintained an overall grade point average of 2.25 at Birmingham-Southern College.
4. No member of the Honor Council shall be eli­gible to serve concurrently in any position on the Student Legislature.
5. The Treasurer of the Student Government Association must be either a rising Sophomore, Junior, or Senior at the time of election.
6. The President and Treasurer of the Student Government Association must have previously served on the Student Government Association for at least one term at time of election. This must be verified by the Elections Board of the Student Government Association with the assistance of Student Development. 
7.  

Section 4 — Constituency

1. Residence hall representatives shall be elected at large by all students residing in The College’s res­idence halls. Residents of the individual buildings will elect a representative for the building in which they reside. Residence hall representatives shall reside in The College residence halls, as stipulated above, for the full term of office.
2. Each commuter representative shall be a com­muter and shall be elected by all students who do not reside on The College campus.
3. The representative from the Student Apart­ments shall reside in the Student Apartments and shall be elected by all students residing in such housing.
4. The representative from the social fraternity/sorority housing shall reside in the housing provided for the social fraternities/sorori­ties, and shall be elected by all students residing in such housing.
5. No representative shall represent more than one constituency of the Student Legislature. Any rep­resentative of the Student Legislature who, for any reason, ceases to be a member of the con­stituency he or she represents shall forfeit his or her position on the Student Legislature.
6.  

Section 5 — Duties of the Officers of the Student Government Association

1. The President of the Student Government Association.
2. The President of the Student Government Association shall be the official representative of the Student Body and shall be the acknowl­edged head of the Student Body in all student affairs and student relations with the faculty and administration of The College
3. The President shall call all special meetings of the Student Legislature. The President shall preside over the meetings, but shall have no vote unless the Student Legislature is equally divided.
4. The President shall be a member of the Elec­tions Board
5. The Vice President of the Student Government Association.
   1. The Vice President shall assume all duties of the President in the absence of the President. In the case of a vacancy in the office of the President, the Vice President shall assume the presidency until a new Presi­dent is elected. The Vice President shall be responsible for all duties assigned by the President or Advisor.
6. The Secretary of the Student Government Association.
   1. The Secretary shall be responsible for notifying the Student Legislature of all meetings of the Student Legislature, maintaining minutes of all meetings of the Student Legislature and fil­ing all reports presented to the Student Legis­lature.
7. The Treasurer of the Student Government Association.
8. The Treasurer shall handle and, in weekly reports, account for all funds under the con­trol of the Student Legislature
9. The Treasurer shall obtain financial reports from all organizations receiving allotments from the Student Legislature and present them along with the Treasurer’s report to the Student Legislature at the close of each acad­emic term. The Treasurer shall notify the organizations of the date the financial reports are due at least two weeks in advance and shall withhold allocations until satisfactory reports for the previous term have been received.
10. The Treasurer shall submit a budget request for the Student Legislature each year at the time that all departmental requests are sub­mitted. All budget requests from organiza­tions funded by the Student Government Association shall be submitted by the Treasurer.
11.  

Section 6 — Duties of the Student Legislature

1. The Student Legislature shall uphold the Code of Student Rights and Responsibilities and the Con­stitution of the Student Body.
2. The Student Legislature shall establish, by a two-thirds vote, a set of bylaws not inconsistent with the Code of Student Rights and Responsibilities or the Constitution of the Student Body.
3. The Student Legislature shall establish, through its bylaws, all committees and boards which it deems necessary, and authorize all such commit­tees and boards to establish bylaws.
4. The Student Legislature shall act upon the rec­ommendations of the Elections Board and all other committees and boards established in the bylaws of the Student Legislature.
5. The Student Legislature shall allocate and appro­priate the Student Activity Fee and allocate funds, as it deems necessary, for any committees and boards established in its bylaws.
6. The Student Legislature shall elect the members of the Honor Council for the following year. This election shall be held during the spring term prior to elections.
7. The Student Legislature shall establish and abol­ish any lesser judicial bodies, as deemed neces­sary by the Honor Council.
8. The Student Legislature shall remove from office by a two-thirds vote any officer of the Student Government Association, any representatives to the Student Legislature, or any member of the Honor Council who fails to fulfill the responsibil­ities of his or her office.
9.  

Section 7 — The Advisor(s) to the Student Legislature

The Advisor(s) to the Student Legislature shall be the Vice President of Student Development and/or a designee of faculty or staff as deemed necessary. The Advisor(s) shall coun­sel the Student Legislature in its deliberations and shall hold all privileges of debate, but shall not vote.

Section 8 — Tenure of Office

The officers of the Student Government Associa­tion and representatives to the Student Legislature shall assume office following the Office of Residence Life housing selection process during the Spring term and shall remain in office one year. 

Section 9 — Meeting Time

The meeting time of the Student Government Associa­tion shall be determined by a majority vote of the Executive Officers immediately following election. The Executive Officers may amend the meeting time once set, if deemed necessary by a majority vote of the Executive Officers.   Meetings shall occur on Wednesday evenings. 

Article IV

ELECTIONS 

Section 1 — General Elections

1. A general election shall be held during the spring term, at which time all officers of the Student Government Association and representatives to the Student Legislature, except the representa­tives from the Freshman Class, shall be elected by the Student Body. The election of officers shall be held not less than one week nor more than two weeks prior to the election of the repre­sentatives to the Student Legislature.
2. The dates of the elections of officers of the Stu­dent Government Association, representatives to the Student Legislature, and any other elected positions shall be determined by the Elections Board in accordance with the provision of this Constitution.
3. A candidate may enter the atrium once on voting day to vote and may only remain there for as long as is necessary to cast his/her vote.
4.  

Section 2 — Election of Representatives from the Freshman Class

An election to elect the representatives to the Student Legislature from the Freshman Class shall be held during the fall term. 

Section 3 — Procedure for Filling Vacancies on the Student Legislature

Any officer of the Student Government Associa­tion or representative to the Student Legislature whose term of office is terminated for any reason before the end of the fall term shall be replaced within three weeks of the termination in an election by his or her constituency. If the vacancy is created during the Exploration term or during the spring term prior to the general election, the officer or represen­tative shall be replaced in an election by the Student Legislature. 

Article V

THE ELECTIONS BOARD 

Section 1 — Composition

The Elections Board shall consist of the following:

1. The Chair of the Elections Board
2. The President of SGA
3. The Vice President for Student Development or Student Development representative
4. The President of the Honor Council or a mem­ber of the Honor Council appointed by the Chair.

Section 2 — The Chair of the Elections Board

The Chair of the Elections Board shall be appointed each year by the President of the Student Government Association and shall be presented to the Student Legislature for final approval. 

Section 3 — Duties of the Elections Board

1. The Elections Board shall establish, by a two-thirds vote, a set of bylaws not inconsistent with the Code of Student Rights and Responsibilities, this Constitution, or the bylaws of the Student Legislature.
2. The Elections Board shall be responsible for the election of all Student Government Association officers and representatives to the Student Legisla­ture. The Elections Board shall appoint the Honor Council as polling clerks in the event of a paper ballot election. The Chair of the Elections Board or an Honor Council member appointed by the Chair shall be present at the counting of the ballots in each election and will ratify the results.
3. The Elections Board shall be responsible for the election of all additional posts established in the Constitution of the Student Body or the bylaws of the Student Legislature.
4. The Elections Board shall collect the names of all candidates for the elections of Student Government Association officers, Student Legis­lature representatives, and additional posts and publicly present these names to the appropriate constituency prior to the elec­tion.
5. The Elections Board shall be responsible for all elections of class officers. The election procedure in any election for class officers shall be deter­mined by the Elections Board.
6.  

Article VI

PETITION, REFERENDUM, AND RECALL 

Section 1 — Procedure for Petitioning the Stu­dent Legislature

1. The petition for a referendum other than those for the election of class officers or for a constitu­tional amendment shall require the signatures of twenty percent of the Student Body or any segment thereof to which the referendum would be administered exclusively. Petitions for referen­dum must allow at least two weeks for prepara­tion of the referendum. Any petition for referen­dum which meets the above requirements shall be binding on the Student Legislature.
2. Any student petitions to the Student Legislature other than petitions calling for a referendum shall not be binding on the Student Legislature, but shall be presented in a regular meeting of the Student Legislature and shall be entered along with the pursuant discussion in the minutes of that meeting.
3.  

Section 2 — Procedure of Recalling an Officer of the Student Government Association or Representative to the Student Legislature.

1. An officer of the Student Government Associa­tion may be removed by a three-fourths vote of those voting in a recall referendum of the repre­sentative’s constituency.
2. A representative to the Student Legislature may be removed from office by a three-fourths majori­ty of those voting in a recall referendum of the representative’s constituency.

Article VII

AMENDMENTS

1. If one-fifth of the Student Body petitions the Student Legislature to call a general election for a vote upon an amendment to the Constitution of the Student Body, the election shall be held within two weeks of the date of the submission of the petition for amendment. This procedure shall be known as a referendum, and no approval of the Student Legislature shall be necessary.
2. An amendment to the Constitution of the Stu­dent Body originating in the Student Legislature must pass that body by a two-thirds vote. Having passed the Student Legislature, the amendment shall be published at least one week before the vote of the Student Body is taken.
3. All amendments to the Constitution of the Stu­dent Body must be passed by a two-thirds major­ity of the Students voting on the proposal.
4. Amendments approved by the Student Body shall be submitted to the President of The Col­lege for final approval. At his or her discretion the President may refer the approval of an amendment to the Board of Trustees of The College.
5. Changes in the language of the Constitution of the Student Body for the purpose of clarifying but not changing its meaning or intention may be made by a two-thirds vote of the Student Legisla­ture without the approval of the Student Body or the President of The College.
6.  

Article VIII

RATIFICATION 

This Constitution shall become effective immedi­ately upon approval of the Student Legislature by a two-thirds majority and the Student Body by a two-thirds majority of those voting, and upon approval of the Board of Trustees of The College. 

ELECTIONS BOARD BYLAWS OF THE STUDENT GOVERNMENT ASSOCIATION 

1. THE ELECTIONS BOARD AND MEETINGS
2. The members of the Elections Board are the fol­lowing:
3. The Chair of the Elections Board (Appointed by the SGA President, and approved by the Legislature).
4. The President of the SGA.
5. Vice President for Student Development or Student Development Representative
6. The President of the Honor Council or a member of the Honor Council appointed by The Chair.

1. The Chairperson of the Elections Board shall preside over all meetings of the Board.
2. All meetings of the Elections Board shall be con­ducted according to Robert’s Rules of Order, Revised.
3. Quorum shall consist of a simple majority.
4. Any charges that shall call a special session of the Elections Board must be lodged no later than two (2) weeks after the election in question. A special session of the Elections Board may be called by any candidate who has suspicions of illegality in an election or arbitrary enforcement of campaigning. A charge must be made to the Chairperson of the Elections Board requesting that a meeting of the Elections Board be called. A meeting will then be called at the earliest pos­sible time and the candidate will be able to state his/her case. Should it be necessary for the Elec­tions Board Chairperson to present a counter­argument, he/she will relinquish the presiding powers of the Board to the SGA President. The decisions of the Elections Board on the legality of an election are final, pending appeal to the Honor Council.
5. In the event of resignation or removal of an Elec­tions Board Chairperson, a formal announcement of resignation or removal shall be made to the SGA Student Legislature by the SGA President. A new Elections Board Chairperson may then be appointed by the President, pending approval of the Legislature, on either a permanent or tempo­rary basis (with the prospect of a permanent chairperson to be appointed).
6. The Elections Board Chairperson shall remain neutral in all aspects in giving support to candi­dates running for office. The Elections Board Chairperson, in consultation with the Student Development Representative, shall decide all questions of proce­dure and interpretation arising under the consti­tution or election bylaws. A decision of the Chairperson may be overruled by a majority (3 members) of the Elec­tions Board. If the Elections Board Chairperson is determined not to be neutral during an elec­tion, the Chairperson may be removed from the Board by a majority vote of a special meeting of the Elections Board with the SGA President call­ing the meeting.
7. Any member of the Elections Board who wishes to actively assist a candidate during an election shall remove himself/herself from the Elections Board. The member’s replacement shall be chosen by the Elections Board Chairperson from the member’s associated group, pending approval from the Elections Board.
8. Any member of the Elections Board who does not remove himself/herself from the Board when a candidate was assisted by the Board member in campaigning, will be asked to appear before the Board because of questionable actions during an election. That member can be removed from the Board by a majority vote of the Board.

1. ELECTIONS
2. Sign-up, Forums and Elections shall be as speci­fied:
3. The dates and times of any election sign-ups, election, and campaign period shall be announced to the student body via email no less than one week prior to the day of the election. The hours of voting on election day shall be 10:00 a.m. – 5:00 p.m. unless otherwise specified by the Elections Board in consultation with the Student Development representative and the student body is notified of such change.
4. Candidates wishing to run for office must sign their intent on a form and include contact information. This form shall be located in the front area of the Office of Student Development, or at an appropriate location determined by the EB in consultation with the Student Development Representative and the student body is notified of such change.
5. The Candidates for SGA offices and Fresh­men Representatives may hold a forum in order to acquaint the student body and the freshman class, respectively, with those run­ning. The time and place of these forums shall be determined and supervised by the Elections Board.
6. Candidates for SGA officers and representa­tives shall be currently enrolled and must meet a minimum academic standard: 2.5 GPA for candidates running for SGA officer positions and 2.25 for candidates running for representative positions.
7. Unopposed Candidates: In the event that any candidate is signed-up unopposed, the Elec­tions Board Chairperson will post this fact prominently to the student body. No election will be held unless a write-in candidate informs the Elections Board Chairperson of his/her intention to run.
8. Write-in Candidates: Any student wishing to run as a write-in candidate must meet the same requirements and follow the same rules as the other candidates. This person must submit in writing his/her intention to run as a write-in candidate within 24 hours of notification to the student body of unopposed position(s), to the Elections Board Chairperson.
9. Each candidate is bound by the Birmingham-Southern College Honor Code. Any misleading information given by the candidate or a candi­date’s representative whether it is about the can­didate running or another candidate running in the election will be considered a violation of the Honor Code.
10. Ballots shall instruct the voter to number the candidates preferentially, with one as top choice, two as second choice, etc. for at least as many candidates as there are positions to be filled.
11. The votes shall be tabulated as follows:
12. The first choice of each ballot is credited as one vote to the appropriate candidate in the first round. If any candidate receives a simple majority of the number of ballots cast, he/she is automatically declared the winner. Elimina­tion continues only if more than one position is to be filled. If no candidate receives a majority, the candidates obtaining the least number of votes is eliminated.
13. Each ballot casting a first round vote for the candidate eliminated in the first round consti­tutes one vote in the second round. The next choice on the ballot is credited, and the sec­ond round votes are added to the first round votes. The candidate having the least number of total votes is eliminated. Elimination rounds continue until the positions filled by the candidates remaining equals the number of positions to be filled.
14. In the case of a tie in any round of elimina­tion, each ballot is rated in order to break the tie. A first preference vote candidate receives a one, a second preference candidate a 2, etc. Then the rating votes are eliminated.
15. If one of the ballots has no further prefer­ences in an elimination round, the ballot is disallowed and the number of votes tallied in computing the majority is reduced by one.
16. For further reference in preferential voting, see: Jones, O. Garfield, Parliamentary Proce­dure at a Glance, New Edition. New York: Hawthorne Books, 1971, pp. XXXIV­XXXVII.
17. The names of the winning candidates in each election shall be emailed to the campus community the day following the results.
18. The number of votes in each round received by all candidates in a race will be given to the candidates in that race upon their request. Candidates may pick up the results after 1:00 m. on the day after the voting.
19. If all processes of preferential voting are exhausted and a tie remains, the tie can be broken if campaign violations have occurred. The candidate with the fewer violations will be declared the winner. If none of the candidates in the tie have violations or have an equal number of violations and a true tie remains, another election will be held the following week with voting to occur one week after the initial election. All campaign rules apply to the new election and only the candidates in the tie may run.

III. CAMPAIGNING and MATERIALS

1. A candidate wishing to run for office must attend the mandatory Pre-Election Rules meeting. This meeting shall take place at 5:30 p.m. on the Wednesday before elections, or a time to be determined by the Elections Board and announced to all candidates by the Elections Board Chairperson. In the event a candidate is not available to attend the mandatory meeting, he or she may send a representative in their place.  The Elections Board Chairperson must be notified in writing by the candidate who will represent him/her at the meeting by 4:00 p.m. the day of the meeting. A representative may not represent more than one candidate.
2. All candidates for office must submit a Campaign Form at a time determined by the Elections Board This form shall include a picture, brief biographical questions about the candidate and platform points on why he/she is running for office. These forms will be organized and distributed to the student body as “Election News.”
3. The total costs of all campaign materials and activities are not to exceed the following amounts:
4. President $100.00
5. Vice President $75.00
6. Secretary $75.00
7. Treasurer $75.00
8. All other members of the Legislature, etc. $50.00

An itemized budget of the total amount spent must be sub­mitted by e-mail by each candidate to the Elections Board Chairperson by 4:00 p.m. on Wednesday, the day before the elections, or a time determined by the Election Board Chairperson and communicated at the Pre-Election Rules meeting. The budget amount is to include items paid for by the candidate and items donated to the cam­paign. An e-mail must be submit­ted even if no expenses are incurred. A candi­date will be penalized for failure to comply with this. Candidates must provide receipts if anything is questioned.

1. Campaign Materials are any materials (buttons, pens, t-shirts, food items, etc.) that encourage support for a candidate running for office. No posters, banners, yard signs or handbills are allowed to be hung, distributed, or displayed in any building or space on campus, unless otherwise approved by Student Development and the Elections Board. (For example, the Elections Board Chairperson facilitates the printing of biographical posters or flyers of all candidates to be displayed in the Norton Atrium, Residence Halls or other prominent area.) Campaign materials may not be placed on the campus grass by stakes or A-frames, on the campus fence, on bulletin boards, fastened to trees, put on bushes, etc.
2. Candidates are each limited to a maximum of ½ page of advertising in the school newspaper.
3. Campaigning on Facebook, Twitter, Instagram, or similar social networks is allowed. However, all campaigning by the candidates and their constituents must be in good taste. No other forms of mass communicating are allowed by the Candidate and/or constituents to the student body, such as campus email, mass text messaging, including GroupMe or similar means.
4. Any materials or activities not mentioned above are subject to the approval of the Elections Board.
5. The Norton Atrium will be neutral for the entire­ty of the elections. No candidate may display posters there (unless the Elections Board chooses to display information on all candidates), nor may a candidate campaign, distribute, or place campaign materials in the atrium. The only exception to this is the “Elec­tion News.” On Election Day, a candidate may only enter the Atrium once, and that is in order to vote, and may only be in that area for the amount of time that is required to vote.
6. No campaigning is to take place prior to the beginning of the term in which the election takes place. After spring term begins, any activities associated with elections and prior to signups must be approved by the Elections Board Chairperson.
7. Campaign materials may be utilized at a time determined by the Elections Board. All candidates will be notified of the timeline at the Pre-Election Rules meeting and must end by 5:00 p.m. the day of election.
8. All candidates must campaign independently. There is to be no joint campaigning during the election process.
9. It is the responsibility of the candidate (either signed or write-in) to remove all campaign mate­rials. It is not the responsibility of the Elections Board Chairperson to remove such materials or call the candidate to remove such materials. The Chairperson will note campaign materials as defined above.
10. Write-in candidates are subject to the same rules and campaign procedures which apply to signed official candidates. A write-in candidate is sub­ject to the same qualifications as a signed official candidate.
11. Penalties for infractions of the rules are enforced using a point system and are as fol­lows:
12. If a candidate or his/her representative does not attend the pre-election meeting, a penalty of 25 points will be assessed and be disqualified immediately.
13. Any candidate displaying campaign materials in the Atrium is disqualified from the election.
14. Any campaign materials, including posters, banners, flyers, signs, or anything not allowed or found to violate Section III D. above will be removed, and any candidate placing item(s) in these areas will be subject to a penalty of no less than 5 points, per occurrence, from the EB and will be responsible for any damages done to the surface(s).
15. If the candidate fails to submit an itemized e-mailed budget by the deadline indicated in the Pre-Election Rules meeting, a penalty of 15 points will be assessed. Should the candidate fail to submit an itemized-mailed budget by the time votes are being counted, an additional 5-point penalty will be assessed. If all the budgets have not been submitted by the time votes have been counted, the EB may choose not to announce the election results until the matter has been resolved.
16. If a candidate enters Norton Atrium more than once on Election Day during active voting hours, that candidate shall be assessed a 25-point penalty and be disqualified immediately.
17. If a candidate does not turn in a Campaign Form, a penalty of 15 points will be assessed.
18. If a candidate is found in violation of the mass messaging rule stated in Section III F., a penalty of 5 points per occurrence will be assessed.
19. If a candidate is found to be campaigning before the allowed time, or has not cleaned up his/her materials by the deadline, a penalty of 10 points will be assessed.
20. If a candidate is found to be actively campaigning jointly with another candidate, both candidates will be assessed a penalty of 10 points.
21. Any penalties for other infractions of the election rules will be determined at the discretion of the Elections Board.
22. Any candidate with a point penalty total of 25 or more will be disqualified entirely.

1. AMENDMENTS

The Bylaws may be amended by a two-thirds vote of the Student Government Association.

BOOKSTORE

BSC BOOKSTORE REFUND POLICY

Unless you drop the course, textbooks must be returned by the next business day from date of purchase. Receipt required.* 

Textbooks may be returned within the second week of classes with a receipt and proof that the class, for which the books were purchased, has been dropped. (Bring a current copy of your TheSIS class schedule and student ID). 

NO RECEIPT = NO REFUND

If the textbook was purchased new and has not been damaged or written in, the Bookstore will refund the full purchase price. If the textbook has been damaged or written in, the Bookstore will refund half the purchase price. It is up to the Bookstore personnel to determine the condition of returned textbooks. Shrink-wrapped material must be unopened to be considered new. 

Course packets are only refundable by dropping the class within the first two weeks of class and must be in original shrink-wrap. You must also present a copy of your TheSIS class schedule showing that you have dropped the class in order to receive a refund on a course packet. 

Refunds will be given in the same manner as purchased with the exception of a check. 

If you have trouble with a textbook bought from us (bad binding, missing pages, etc.), bring the book back immediately and we will repair or replace it. We will not exchange or refund it at the end of the term. We will decrease the buyback price on a damaged book to cover necessary repairs (or not buy it at all). 

*Exploration term and summer term books may be returned within 5 days from the first official day of class if the course is dropped. Otherwise, books must be returned by the next business day.

BOOK BUYBACK (How to Sell Your books to the Bookstore)

Where

By the front entrance of the bookstore.

When

December and May. Check with the Bookstore for specific dates and times.

How

The bookstore will buy your textbook for half the purchased price if the following conditions are met:

• You must present your BSC student ID to sell your
• Your professor has ordered the book for the next term prior to buyback.
• The bookstore is not overstocked (there are enough copies for the next class).
• The book is in usable condition. Books with missing pages, missing covers, water damaged pages, and/or loose sections cannot be bought
• If you bought a package (textbook bundled with supplementary material) all parts of the package must be included when selling it back. 

The bookstore does not purchase course packets, study guides, work books or lab manuals. 

If the Bookstore cannot buy your book

The bookstore has a national used book vendor to conduct each buy back. They may need your book if we are overstocked or it’s a current edition and if it is not being used again. They will not pay you half price as the Bookstore would, but you have the option of keeping your book or trying to sell it at the next buy back. (Some courses are only offered once a year or every two years and the professor may or may not order the textbook again. By holding your book there is the chance it could go into a new edition.)

Please remember the purpose of buy back is to save you money by providing used books for the next term, not to buy books that are no longer used.

VEHICLES ON CAMPUS 

PARKING

The College has one main entrance which is known as the Bruno Entrance and is open 24 hours a day. Anyone entering the campus must check in with the officer to register his/her vehicle. Campus Police may request that all passengers in a vehicle register as guests. Campus Police also may contact the BSC student to confirm the visitors as their guests. If you are a student, you must register your car and display the proper decal. Cars with decals will be waved through the entrance. It is important for you to have your car registered and to display the proper decal. Please contact Campus Police if you need assistance removing decals from prior years. All students register their cars during academic registration; however, if you need to register your car any other time, you may do so by going to the cashier’s window on the first floor of the Student Services building. Parking decals are $80.00. After you have registered your car, you must affix the parking decal permanently in the lower left hand corner of your windshield. 

PARKING AREAS:

1. Legal parking spaces are defined by brackets. All other areas are not intended for
2. Students may park only in bracketed parking places with white/unpainted
3. Students may park in green spaces after 5:00 p.m. as long as they move their vehicle before 7:00 a.m.
4. No students, faculty or staff may park in the United Methodist Lot except when directed by campus
5. The parking lot immediately behind the Admission Welcome Center is reserved 24/7 for campus visitors and is not available for general parking even on
6. No one may park in loading zones except to load and unload possessions from their vehicles. This is a ten- minute zone at all
7. At no time will you be permitted to park in tow away zones designated by either a striped area or a
8. Faculty and Staff may park in either green or white/unpainted
9. Guests of students may park in designated white/unpainted spaces. Guests may also use green spaces from 5:00 p.m. until 7:00 a.m. NOTICE: Students will be responsible for fines issued to their guests.

10. Parking zones are as follows: White/Unpainted/Designated Parking Spaces – Student Green – Faculty/Staff Red – Reserved Blue - Disabled

*      Plus Cost of Damage and Repairs

**    Ten Minute Maximum Time Limit

***   Plus Loss of On-Campus Driving Privileges

Should a student receive more than 14 tickets in the same academic year, subsequent tickets will double in amount. If a student receives 20 or more tickets in the same academic year, that student will lose their driving privileges for an amount of time decided upon by the Associate Dean of Students. Further, the student may be referred to the Social Council for review. DUI violations will result in a fine and loss of driving privileges for an unspecified amount of time.

Additional sanctions may be applied as well. 

TICKET APPEAL POLICY

Students may appeal a parking/traffic ticket by completing the online form available on at the BSC Campus Police webpage: www.bsc.edu/administration/police/appeal.htm. The completed form will automatically be filed for review by the Parking/Traffic Appeals committee. Appeals must be filed within ten class days from the date of the citation. 

TRUCK PASSENGER POLICY

The Campus Police discourages passengers from riding in the beds of pick-up trucks. However, if necessity dictates that individuals must ride in this manner, all passengers must be seated flatly on the lower surface of the bed. Riding on the sides of the truck bed, or on the external area of any vehicle is strictly prohibited. 

DINING SERVICES

Meal Plans - All students who reside in on-campus housing, including residence halls, apartments, and Greek houses are required to participate in the college’s dining program. The meal plans provided vary depending on a student’s residential location. All students classified as commuters are required to have a commuter meal plan consisting of declining balance dollars that can be used in any on-campus dining location. Descriptions of all plans and requirements may be found by visiting http://www.bsc.edu/administration/finance/bursars.html or by calling the Bursar’s Office. 

Students who have a medical condition that requires a special diet or services from Dining Services, or who have religious requirements may request a meal plan modification. These requests will be reviewed by the Office of Accessibility and meal plan modifications may be granted for students with documented disabilities, chronic medical conditions, or religious dietary observances.  Details of meal plan modification guidelines may be obtained by visiting http://www.bsc.edu/campus/accomodations/meals.html.

For more information, contact: 

Office of Student Development

900 Arkadelphia Road

Box 549014

Birmingham, AL 35254 

(205) 226-4730

[email protected] www.bsc.edu/campus/studev/index.cfm

• American Family Care 
  1664 Forestdale Blvd.
  Birmingham, AL 35214
  (205) 791-2273
• Med Help 
  1 Lakeshore Parkway
  Homewood, AL 35209
  (205) 930-2950
• UAB Urgent Care
  125 20th St. South
  Birmingham, AL 35233
  205) 801-5251
• Grayson & Associates
  (205) 871-6926 
  www.graysonmentalhealth.com
• Psychiatry South
  (205) 987-0724 
  www.psychiatrysouth.com