This policy provides information about the promotion of on-campus safety, including the university’s crime awareness and prevention efforts and the ways in which the campus community will be notified of emergency situations. This policy also identifies options for reporting crime, including dating violence, domestic violence, sexual assault, and stalking, and describes resources for crime victims. Criminal acts are contrary to the teachings of The Church of Jesus Christ of Latter-day Saints and the Church Educational System Honor Code.

Campus Security Authority means a university official who has significant responsibility for student and campus activities, including, but not limited to, campus security, student housing, and student discipline. For a list of positions designated as Campus Security Authorities, please refer to BYU’s annual security report.

Clery Act Crimes means arson, aggravated assault, burglary, dating violence, domestic violence, fondling, incest, motor vehicle theft, murder, manslaughter, rape, robbery, statutory rape, and stalking; intimidation, larceny, simple assault, and vandalism motivated by bias; and arrests and referrals for campus disciplinary actions for violations involving drugs, alcohol, and weapons.

Clery Act Geography means areas on campus, public property immediately adjacent to campus, and off-campus buildings or property owned or controlled by BYU.

Dating Violence means 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 will be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.

Domestic Violence means a violent act committed by a current or former spouse or intimate partner of the victim by a person with whom the victim shares a child in common, by a person similarly situated to a spouse of the victim, or by any other person against a victim who is protected from that person’s acts under state domestic or family violence laws.

Pastoral Counselor means a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor. An individual who is not yet licensed or certified as a counselor but is acting in that role under the supervision of an individual who meets the definition of a Pastoral Counselor is considered to be a Pastoral Counselor for the purposes of the Clery Act.

Professional Counselor means a person whose official responsibilities include providing mental health counseling to members of the campus community and who is functioning within the scope of his or her license or certification. This includes professional counselors who are not employees of the university but are under contract to provide counseling to the campus community. An individual who is not yet licensed or certified as a counselor but is acting in that role under the supervision of an individual who meets the definition of a Professional Counselor is considered to be a Professional Counselor for the purposes of the Clery Act. An example is a BYU Ph.D. counselor-trainee acting under the supervision of a professional counselor.

Sexual Assault means any sexual act directed against the victim without the victim’s consent. Sexual Assault includes fondling, incest, rape, sexual assault with an object, sodomy, and statutory rape.

Sexual Violence means Dating Violence, Domestic Violence, Sexual Assault, or Stalking.

Stalking means engaging in a course of conduct (two or more acts, whether in -person or electronic) directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress.

Students and employees are strongly encouraged to report all criminal and suspicious activity to BYU Police in a timely manner. Immediate reporting allows BYU Police to identify crimes and situations that pose an immediate or ongoing threat to the campus community and prevent future crime.

Individuals may also submit reports of crimes, including anonymous reports, through EthicsPoint (the university’s 24-hour hotline provider) by telephone at 888-238-1062, or by submitting information online at the Compliance Hotline website. The hotline should not be used to report a crime in progress, an emergency, or any other event presenting an immediate threat to a person or property. Generally, concerns regarding criminal activity should be reported to the applicable local law enforcement agency.

Campus Security Authority

A Campus Security Authority who receives a report of a Clery Act Crime must inform BYU Police so the university can include the crime in the university’s daily crime log and determine whether to issue a timely warning to the campus community about the crime.

Pastoral and Professional Counselors

Pastoral and Professional Counselors (Counselors) may provide advice, support, and guidance to victims of crimes as well as information about crime reporting options. Counselors are exempt from reporting Clery Act Crimes that they learn of while acting in the role of Counselor. A discussion with a Counselor is not considered a report of a Clery Act Crime to the university or a request that any action be taken by the university in response to an allegation.

The university strongly encourages the reporting of all incidents of Sexual Violence so that support can be offered, and Sexual Violence can be prevented and addressed. Being a victim of Sexual Violence is never a violation of the Church Educational System Honor Code (see Sexual Harassment Policy).

Reporting Sexual Violence to Law Enforcement

Making a report of Sexual Violence to law enforcement is a personal decision. Individuals experiencing Sexual Violence have the right to make a report or decline to make a report to law enforcement. Law enforcement can help individuals obtain protective and restraining orders. The university’s Title IX Office can assist with obtaining “no contact” letters. BYU cannot represent students and employees in legal proceedings relating to Sexual Violence, but general information about the different types of court orders is available on the Utah Courts website.

University support and resources are available to those who report Sexual Violence to law enforcement, including assistance in notifying officers. Support and resources are also available to those who do not wish to notify law enforcement.

Reporting Sexual Violence to the Title IX Office

Individuals may report Sexual Violence to the university’s Title IX Office. As described in the university’s Sexual Harassment Policy, BYU has actual knowledge of alleged Sexual Violence only when its Title IX coordinator receives a report. Reports may be made in person, by mail, by telephone, online, or by electronic mail, at the following locations:

BYU Title IX Office
1320 WSC
Provo, UT 84602
801-422-8692
t9coordinator@byu.edu
titleix.byu.edu

This information is also located on the Title IX Office’s website. Reports may be made at any time, including during nonbusiness hours, although in-person reports may only be made during regular business hours.

Written Information

Individuals reporting Sexual Violence to the Title IX Office will be provided with a written explanation of their rights and options, including the following information:

• key procedures to follow, including information about the importance of preserving evidence that may be necessary to prove Sexual Violence
• options to report the crime to law enforcement authorities, including on-campus and local police, and to obtain protective orders
• assistance in notifying law enforcement authorities, if desired
• information about how confidentiality will be protected
• counseling, health, mental health, sexual assault survivor advocacy, legal assistance, student financial aid, and other services available for victims, both within the university and in the community
• options and available assistance for requesting changes to academic, living, transportation, and working situations or protective measures, which are available regardless of whether the victim chooses to report the crime to law enforcement
• information about the university’s disciplinary procedures, including amnesty
• possible sanctions or protective measures the university may impose following a final determination of an institutional disciplinary procedure

Reporting Abuse Against Minors

In accordance with the Minor Protection Policy and Utah state law, all BYU students, employees, volunteers, and contractors have a duty to immediately report suspected abuse or neglect of a minor to a law enforcement agency or the state Division of Child and Family Services. This duty applies to suspected abuse or neglect that occurs on or off campus.

An individual who has experienced recent acts of Sexual Violence should take the following actions.

Seek Medical Attention Immediately

Victims should seek medical attention immediately and can request a free sexual assault examination by contacting the police or by visiting any hospital emergency room or the BYU Student Health Center during its regular business hours. The exam provides care to minimize the risk of sexually transmitted infections and preserves evidence that will be important if the decision is made to pursue criminal charges or a protective order. The cost of the exam is paid for by the Utah Office for Victims of Crime.

Preserve Evidence

Preserving evidence may assist law enforcement agencies investigating reports of sexual assault and may be helpful in obtaining protective orders. Individuals who experience a sexual assault and intend to report it to law enforcement should not bathe, shower, or use toothpaste or mouthwash after the incident and should not wash clothing, bed sheets, pillows, or other potential evidence until contacting law enforcement. Even if victims have not preserved evidence, they should still seek medical attention as soon as possible—even if some time has passed since the assault.

Consult with Confidential Sources of Support

Victims should talk to a friend, family member, or someone else who can provide support. The university provides confidential on-campus resources for individuals to discuss Sexual Violence even if they are not sure about reporting incidents to the Title IX Office or law enforcement. The following resources offer free and confidential services:

• Counseling and Psychological Services, caps.byu.edu
• Sexual Assault Survivor Advocacy Services, advocates.byu.edu
• Student Health Center, 801-422-2771, health.byu.edu
• University Accessibility Center, uac.byu.edu
• Women’s Services and Resources, wsr.byu.edu

These confidential sources are required to submit nonidentifying, statistical information about reports of Sexual Violence to the university’s Clery Act compliance coordinator for the purpose of maintaining records required by the Clery Act. They must also make reports as required by law, such as if they become aware of circumstances involving child abuse.

BYU publishes a list and description of victim resources that can be found both on and off campus on the Title IX website.

Each year, BYU provides numerous programs designed to inform students and employees about campus security procedures and practices intended to prevent crime. These programs encourage students and employees to be responsible for their own security and the security of others. BYU also provides educational programs and campaigns to promote the awareness and prevention of Sexual Violence. The university encourages students and employees to participate in these programs and make the prevention and reduction of crime a campus community effort.

Crime Awareness and Prevention

Information on crime awareness and prevention can be found on the BYU Police website.

Bystander Intervention

The only person responsible for a criminal act is the perpetrator, but every member of the campus community has the ability to look out for the safety of others. The university encourages all members of the campus community to be engaged bystanders—persons who intervene in a positive way before, during, or after a situation or event—and supports the use of safe and positive options for bystander intervention, such as the C.A.R.E. Model. The C.A.R.E Model of bystander intervention helps individuals be aware of the following options to prevent a crime.

• Create a Distraction. Act reasonably to interrupt the situation.
• Ask Questions. Talk directly to the person who might be in trouble.
• Refer to an Authority. Contact a neutral party with the authority to change the situation, like a resident assistant, security guard, or another employee.
• Enlist Others. Enlist the assistance of another person to help.

More information about being an engaged bystander and supporting victims can be found on the Title IX website.

Sexual Violence Awareness and Prevention

BYU’s Title IX Office sponsors and conducts educational programs that promote the awareness and prevention of sexual harassment and Sexual Violence. Information on current programs can be found on the Title IX website and the BYU Police website.

Online training modules and information about university events can be found at the Title IX website.

Additional resources and information about how to respond to and prevent Sexual Violence on college and university campuses can be found on the “Center for Changing Our Campus Culture” website. The Center for Changing Our Campus Culture is an online resource center supported by the Office on Violence Against Women.

The university will provide emergency information to the campus community through its Y Alert system. To receive Y Alert messages, faculty, staff, and students must register their contact information on their myBYU.edu personal accounts. Individuals can register their contact information by signing up online at the BYU Emergency Management Warnings and Notifications website to receive alerts.

Timely Warning

The Timely Warning and Emergency Notification Committee (Committee) will issue timely warnings for allegations of Clery Act Crimes in Clery Act Geography reported to the BYU Police and Security Department that represent a serious or continuing threat to faculty, staff, and students. The Committee will determine whether the situation represents a serious or continuing threat to students and employees based on the nature of the crime reported and the continuing danger to the campus community and will determine the content of the warning. Timely warnings may be issued using some or all of the following means of communication: mass email, campus phone system, personal cell phones, BYU Police Department webpage, university’s webpage, fire alarm system, and local news stations. The content of a timely warning will avoid compromising law enforcement efforts and will maintain victim confidentiality while providing sufficient information to prevent similar incidents.

If a quorum of the Committee cannot convene, the chief of BYU Police is authorized to issue a timely warning and determine the content of the timely warning without a Committee meeting. Additionally, BYU police officers are designated to issue a timely warning and determine the content of a warning in urgent circumstances.

Emergency Notification

The Committee will issue an emergency notification to students and employees upon confirmation of a significant emergency or dangerous situation occurring on campus that involves an immediate or impending threat to health or safety. The Committee will determine whether the situation involves an immediate threat, identify the segment of campus requiring an emergency notification, determine the content of the notification, and issue a notification using some or all of the following means of communication: mass email, campus phone system, personal cell phones, BYU Police Department webpage, university’s webpage, fire alarm system, and local news stations. An emergency notification will not be issued if it will compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency. If the university issues an emergency notification, it will not issue a timely warning based on the same circumstance.

If a quorum of the Committee cannot convene, the emergency manager is authorized to issue an emergency notification without a Committee meeting. Additionally, the university’s managing director of Risk Management and Safety; deputy emergency manager; director of environmental, health and safety; chief of BYU Police; and BYU police officers are authorized to issue an emergency notification and determine the content of the notification in urgent circumstances.

Y-Alert Testing

At least annually, the university will test the Y-Alert system. Tests will be scheduled and may be announced or unannounced. At least annually, the university will publicize its emergency response and evacuation procedures with its test of the Y-Alert system. The university will maintain records of each test, including a description of the test, the date of the test, the time the test started and ended, and whether it was announced or unannounced, for seven years.

Annually, the university will inform every student who lives in on-campus student housing of the opportunity to provide the name and contact information of one or more individuals to serve as a contact for missing persons purposes (Missing Persons Contact). The Missing Persons Contact may be different from the student’s general emergency contact. Students may designate their Missing Persons Contacts on the myBYU Personal Information tab (log on to myBYU > click on Update my Personal Information link > select Contact tab > click on Emergency Contact link). The Missing Persons Contact will be registered confidentially, will be accessible only to authorized campus officials, and will not be disclosed except to law enforcement personnel in furtherance of a missing person investigation.

Students, employees, or other individuals who have reason to believe that a student in on-campus housing has been missing from campus for 24 hours should immediately alert one of the following:

• BYU Police
• Residence Life hall advisor
• Dean of Students Office
• Office of Residence Life or
• Any of the housing complex central buildings

Any report of a student missing from on-campus housing, including reports from individuals not affiliated with the university, must be immediately referred to BYU Police regardless of how long the student is believed to have been missing. After determining that a student is missing, BYU Police will initiate a missing person investigation.

If BYU Police has not previously made a determination that a student is missing, the Office of Residence Life will notify BYU Police within 24 hours of its determination that a student residing in on-campus housing is missing. Within 24 hours after BYU Police has determined that a student residing in on-campus housing is missing, the university will notify the student’s Missing Persons Contacts and, if the student is under the age of 18, the student’s parent or guardian. The Provo Police Department will be notified when BYU Police has made a determination that a student residing in on-campus housing has been missing for 24 hours.