All forms of sexual harassment, including sexual assault, dating violence, domestic violence, stalking, and sexual exploitation are contrary to the teachings of The Church of Jesus Christ of Latter-day Saints and the Church Educational System Honor Code. Brigham Young University prohibits sexual harassment by its employees and students and in all its education programs or activities. Refer to the Sexual Harassment Grievance Procedures for detailed information on the process the Title IX Office follows to respond to allegations of sexual harassment.

For purposes of this policy and the Sexual Harassment Grievance Procedures, key terms are defined below. Additional definitions are found in the Sexual Harassment Grievance Procedures Appendix.

Complainant means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.

Education Program or Activity means all of a school’s operations. BYU’s Education Program or Activity includes all locations, events, or circumstances over which the university exercises substantial control over both the Respondent and the context in which Sexual Harassment occurs.

Locations include both on-campus locations and off-campus buildings owned or controlled by BYU. BYU considers factors such as whether the university funded, promoted, or sponsored the event or circumstance in which the alleged off-campus Sexual Harassment occurred in determining whether it occurred in BYU’s Education Program or Activity.

Formal Complaint means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that BYU formally address—through investigation or alternative resolution—the Sexual Harassment allegation.

Party means a Complainant or a Respondent.

Respondent means an individual who is alleged to be the perpetrator of conduct that could constitute Sexual Harassment.

Retaliation means intimidation, a threat, coercion, or discrimination for the purpose of interfering with any right or privilege secured by this policy or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in an investigation, proceeding, or hearing under this policy.

Sexual Harassment means conduct on the basis of sex that meets one or more of the following:

• Quid pro quo harassment—a BYU student or employee conditions the provision of an aid, benefit, or service of BYU on an individual’s participation in unwelcome sexual conduct
• Hostile environment—unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to BYU’s Education Program or Activity
• Sexual Assault, Dating Violence, Domestic Violence, Sexual Exploitation, or Stalking (see Sexual Harassment Grievance Procedures for definitions of these terms)

Supportive Measures means nondisciplinary, nonpunitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to a Complainant or a Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Supportive Measures are measures designed to restore or preserve equal access to BYU’s Education Program or Activity without unreasonably burdening the other Party, including measures designed to protect the safety of all parties or the university’s educational environment, or deter Sexual Harassment. Supportive Measures may include referral to the university’s sexual assault survivor advocate or confidential advisor to Respondents, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, BYU Police SafeWalk 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.

Title IX Coordinator means the person authorized by BYU to coordinate the university’s efforts to comply with its responsibilities under Title IX and to institute corrective measures on behalf of the university.

A Sexual Harassment report may be made by any person who believes that Sexual Harassment may have occurred that requires BYU’s response. The person reporting need not be the Complainant.

A. Employee Reporting and Notification Requirements

Mandatory Reporters

Mandatory reporters who become aware of Sexual Harassment committed by university employees or students, or occurring in BYU’s Education Program or Activity, must promptly report all relevant information to the Title IX Coordinator. University employees, including student employees, in the following positions are mandatory reporters:

• faculty
• adjunct faculty
• teaching employees
• coach and assistant coach
• athletic trainer and assistant athletic trainer
• athletic consultant
• all university employees who have supervisory responsibilities for other university employees or for students

Knowingly failing to make a required report may result in disciplinary action. Mandatory reporters are encouraged to explain their reporting obligations to any person subject to this policy who informs them of conduct that reasonably may constitute Sexual Harassment.

Confidential Employees

Confidential employees do not report to the Title IX Coordinator under this policy if they receive information about conduct that reasonably may constitute Sexual Harassment in BYU’s Education Program or Activity.

Confidential employees are

• employees whose communications are privileged or confidential under state or federal law, such as employees interacting with the informing person within the scope of their university duties as a physician, therapist, or lawyer;
• employees who receive information as part of a confidential communication in the context of an ecclesiastical relationship or as the spouse of the informing person;
• the university chaplain;
• BYU Police Department law enforcement officers when assisting with or participating in law enforcement activities;
• Managing Director of BYU Police and BYU Security when cooperating with law enforcement agencies engaged in law enforcement activities;
• employees designated as confidential by the university; and
• employees conducting an IRB-approved human-subjects research study on the issue of discrimination on the basis of sex.

Confidential employees are encouraged to explain the following to any person who informs the confidential employee of conduct that reasonably may constitute Sexual Harassment:

• the employee’s status as confidential for purposes of this policy, including the circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute Sexual Harassment;
• how to contact the Title IX Coordinator and how to make a Complaint of Sexual Harassment; and
• that the Title IX Coordinator may be able to offer and coordinate Supportive Measures, as well as initiate an alternative resolution process or an investigation under the Sexual Harassment Grievance Procedures.

A list of confidential employees and their contact information can be found on the Title IX website.

B. Where to Report

To ensure that the university has the information necessary to respond appropriately to complaints, reports of Sexual Harassment must be made to the Title IX Coordinator. BYU has actual knowledge of alleged Sexual Harassment only when its Title IX Coordinator receives a report. Reports may be made in person, by mail, by telephone, by internet form submission, or by electronic mail, at the following locations:

BYU Title IX Office
1320 WSC
Provo, UT 84602
801-422-8692
title9@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 be made only during regular business hours. In addition, individuals may submit reports, including anonymous reports, through EthicsPoint, the university’s 24-hour hotline provider, by telephone at 888-238-1062, or by submitting information to the EthicsPoint compliance hotline website.

C. Timing

Reports of Sexual Harassment should be made to the Title IX Coordinator as soon as possible.  Supportive Measures are available to Complainants regardless of when a report is made.

BYU exists to provide an educational environment consistent with the ideals and principles of the restored gospel of Jesus Christ. The Church Educational System Honor Code and its observance by the campus community are essential components of BYU’s mission. The university does not tolerate Sexual Harassment, and anyone found to have committed Sexual Harassment is not entitled to amnesty.

Being a victim of Sexual Harassment is never a violation of the Church Educational System Honor Code. The university strongly encourages the reporting of all incidents of Sexual Harassment to the Title IX Coordinator so that Supportive Measures can be offered to Complainants and Sexual Harassment can be prevented and addressed.

A. Confidentiality

The university recognizes that Complainants or witnesses of Sexual Harassment might be hesitant to report an incident to university officials if they fear the discovery of honor code violations, such as alcohol use, drug use, same-sex romantic behavior, or consensual sexual activity outside of marriage. To help address this concern and to encourage the reporting of Sexual Harassment, the Title IX Office does not share the identity of a Complainant or witness with the Honor Code Office unless requested by such person or a person’s health or safety is at risk.

Further, the university keeps confidential the identity of 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 a perpetrator of Sexual Harassment, any Respondent, and any witness; except as required by law, as necessary to carry out this policy, or as may be permitted by the Access to Student Records Policy.

B. Nonretaliation

BYU prohibits Retaliation. Any materially adverse action or course of conduct taken against a person could be the basis for a Retaliation claim if the conduct would deter a reasonable person from complaining about Sexual Harassment, but normally, petty slights, minor annoyances, and simple lack of good manners do not create that deterrence and are insufficient to establish a Retaliation claim.

BYU students and employees agree to be honest as part of their commitment to live by the Church Educational System Honor Code and Personnel Conduct Policy. Making a materially false statement in bad faith during a grievance proceeding is grounds for discipline. Imposing discipline, or filing reports seeking to impose discipline, for such a false statement does not constitute Retaliation prohibited under this policy. However, a university determination that the Respondent was or was not responsible for Sexual Harassment, alone, is not sufficient to conclude that any party made a materially false statement in bad faith. For example, the fact that a Respondent who denies his or her responsibility for Sexual Harassment is determined to be responsible for the Sexual Harassment does not necessarily mean that the Respondent has made a materially false statement in bad faith. Likewise, a determination that a Respondent is not responsible for Sexual Harassment, as alleged by a Complainant, does not necessarily mean that the Complainant’s allegation was a materially false statement made in bad faith. Additionally, the university may discipline an employee who is a mandatory reporter under this policy and fails or refuses to forward a complaint of Sexual Harassment or provide relevant information to the Title IX Office in violation of this policy.

Individuals who feel they have been subjected to Retaliation under this policy should report the incident to the Title IX Coordinator, who addresses the report in accordance with the Discrimination Complaint Procedures.

C. Amnesty

Anyone, including a Complainant, who reports an incident of Sexual Harassment will not be disciplined by the university for any related honor code violation arising out of the same facts or circumstances as the report unless a person’s health or safety is at risk. Students may be entitled to additional amnesty under certain circumstances, as provided by the Utah Campus Sexual Violence Act. However, with Complainants or witnesses who have violated the honor code, the university may offer and encourage support, counseling, or education efforts to help students and benefit the campus community.

D. Leniency

To encourage the reporting of Sexual Harassment, the university will also offer leniency to Complainants and witnesses for other honor code violations that are not related to the incident but which may be discovered as a result of the investigatory process. Such violations will generally be handled so that the student can remain in school while appropriately addressing these concerns.

In applying these principles, the university may consider the facts and circumstances of each case, including the rights, responsibilities, and needs of each of the involved individuals.

The grievance process is initiated by (1) a Complainant filing a Formal Complaint with the Title IX Coordinator alleging Sexual Harassment by a Respondent and requesting that BYU investigate the Sexual Harassment allegation or (2) the Title IX Coordinator signing and issuing a Formal Complaint.

A Formal Complaint should clearly and concisely describe the incident(s), including the identities of the Parties involved in the incident(s), if known; the conduct allegedly constituting Sexual Harassment; and the date and location of each alleged incident constituting Sexual Harassment, if known.

If the university receives a report of Sexual Harassment occurring in BYU’s Education Program or Activity within the United States, the Title IX Office will follow the Sexual Harassment Grievance Procedures prior to the university taking any disciplinary action against an alleged perpetrator (Respondent) for Sexual Harassment.

Filed by Complainants

Unlike a report of Sexual Harassment, Formal Complaints may not be filed anonymously. A Complainant’s Formal Complaint must contain the Complainant’s physical or electronic signature or otherwise indicate that the Complainant is the person filing the Formal Complaint.

Signed by Title IX Coordinator

Generally, the Title IX Coordinator honors a Complainant’s request that the university not conduct an investigation into a report of Sexual Harassment. However, if the Complainant is unwilling to file a Formal Complaint and the Title IX Coordinator determines that a failure to investigate would prevent the university from meeting its responsibility to provide students and employees with an environment free from Sexual Harassment, the Title IX Coordinator may initiate an investigation by signing a Formal Complaint. The Title IX Coordinator informs the Complainant prior to signing a Formal Complaint, and the Title IX Office provides the Complainant with all notices required by the Sexual Harassment Grievance Procedures, but the Complainant is not required to respond or participate in the investigation. The Title IX Coordinator will not sign a Formal Complaint if the identity of a Complainant is unknown.

When the Title IX Coordinator initiates a grievance by signing a Formal Complaint, the Title IX Coordinator is not a Complainant or otherwise a Party to the grievance and must comply with the impartiality requirements and all other standards required of individuals involved in administering processes under this policy.

Upon receiving a report of Sexual Harassment, the Title IX Coordinator promptly contacts the Complainant identified in the report to discuss and provide written information about the availability of Supportive Measures; consider the Complainant’s wishes with respect to Supportive Measures; inform the Complainant that Supportive Measures are available with or without the filing of a Formal Complaint; and explain the process for filing a Formal Complaint, including possible sanctions the university may impose after determining the Respondent’s responsibility for Sexual Harassment.

If a Party or Witness is a minor, the Title IX Office or its designee may communicate with the parent or legal guardian in lieu of the Party or Witness. The parent or legal guardian may choose to participate in the Title IX proceeding on the minor’s behalf, except that the Party or Witness must be the one to be interviewed and participate in a hearing if one is held.

If the report includes allegations of sexual assault, dating violence, domestic violence, or stalking, the Title IX Coordinator also provides the Complainant with written information about the following:

• the importance of preserving evidence that may be necessary to prove a crime or obtain a protective order
• law enforcement options, including the Complainant’s options to
  • notify BYU Police or other local police, with the assistance of the Title IX Office if the Complainant so chooses; or
  • decline to notify law enforcement authorities
• the Complainant’s rights regarding protective orders or similar orders issued by a criminal or civil court
• existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on campus and in the community

A. Supportive Measures

As part of the university’s response to any report of Sexual Harassment, the Title IX Coordinator  promptly contacts the Complainant to discuss and provides written notice of the availability of Supportive Measures, with or without the filing of a Formal Complaint, and discusses and provides written notice of the Formal Complaint process. Supportive Measures provided to a Complainant or Respondent are confidential to the extent that maintaining such confidentiality does not impair the ability of the Title IX Coordinator to provide the Supportive Measures.

Supportive Measures are offered to both the Complainant and the Respondent as the Title IX Coordinator deems appropriate and as such measures are reasonably available.

B. Emergency Removal and Administrative Leave

The university may remove a Respondent from BYU’s Education Program or Activity on an emergency basis if it determines that an immediate threat to the physical health or safety of any student or other individual arising from the Sexual Harassment allegations justifies immediate removal pending further investigation and disposition. In such cases, the university conducts an individualized safety and risk analysis and provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal.

Human Resources may also place a staff (student and non-student) employee Respondent on administrative leave, and Faculty Relations may place a faculty or athletic professional Respondent on administrative leave, during the pendency of a formal or alternative grievance process under this policy and its procedures.

C. Notice of Allegations and Applicable Procedures

If a Complainant elects to file a Formal Complaint against a Respondent, the Title IX Coordinator follows the applicable resolution process described in the Sexual Harassment Grievance Procedures.

Any conduct that is alleged to have occurred prior to August 14, 2020, is subject to the current procedures and to the definitions in place at the time of the alleged misconduct.

D. Sanctions

Sanctions for violating this policy may include the following:

• For an employee: verbal counseling, written warning, final written warning, probation, reassignment, demotion, reduction in pay, suspension, restriction on officially representing the university, termination of employment, and a ban from campus. Any disciplinary sanction imposed on an employee Respondent and the reason for the sanction may also be noted on the employee’s employment record.
• For a student: notice, warning, probation, suspension withheld, short suspension, suspension, restriction on officially representing the university, expulsion, and a ban from campus. Any disciplinary sanction imposed on a student Respondent and the reason for the sanction may also be noted on the student’s Honor Code file. Any sanction imposed on a student Respondent may include an educational action plan prescribed and administered through the Honor Code Office. If the Respondent is a student employee, possible sanctions include all sanctions applicable to students and all sanctions applicable to employees.
• For a Respondent who is neither a student nor an employee: limitation or termination of any agreement or association between the university and the Respondent and a temporary or complete ban of the Respondent from all or any part of the campus or other university property.

If the Sexual Harassment allegations arise out of the same facts or circumstances, the Title IX Coordinator may consolidate Formal Complaints against more than one Respondent, by more than one Complainant against one or more Respondents, or by one Party against the other Party.

If a Formal Complaint includes allegations of Sexual Harassment together with allegations of other misconduct or violations of university policy, the Title IX Office will address the allegations of Sexual Harassment under the Sexual Harassment Grievance Procedures.

If a Formal Complaint includes allegations of Sexual Harassment together with allegations of other misconduct or violations of university policy that arise out of the same facts or circumstances, the Title IX Coordinator may

• refer allegations not subject to the Sexual Harassment Policy to appropriate campus units. In such cases, the allegations will be addressed under other university policies. Applicable confidentiality provisions and amnesty protections will apply.
• collaborate with other campus units to address all alleged policy violations concurrently. In such cases, the Sexual Harassment Grievance Procedures will apply, as will applicable confidentiality provisions and amnesty protections. The Determination Regarding Responsibility will address all alleged policy violations arising out of the same facts or circumstances.
• collaborate with other campus units to determine if the issues raised in a Formal Complaint may be relevant to a determination in another investigation or another process that is simultaneously pending. In such cases, the other investigation or process may be suspended until the Title IX process is concluded.

The Title IX Coordinator provides written notice to all affected Parties of any decision to consolidate the allegations in any Formal Complaint or to address them separately.

An investigation or resolution of a Formal Complaint is not suspended pending the conclusion of a criminal investigation or any other investigation, including another university investigation. However, the fact-finding portion of the investigation may be delayed temporarily to comply with a law enforcement request for cooperation (e.g., to allow for criminal evidence collection) when the criminal charges are based on the same allegations that are being investigated under these procedures.

Although the findings and conclusions of one investigation do not necessarily determine the outcome of any other, any information or findings developed in any university or external investigation may be shared with and considered in any other university investigation.

The Parties may resolve a Formal Complaint through an alternative resolution process that allows the Parties to forego all or some of the formal grievance process. The goal of alternative resolution is to conclude the matter to the satisfaction of the Parties quickly and confidentially and to protect the safety of all Parties and to ensure access to the university’s Education Program or Activity. The Title IX Office does not offer or facilitate an alternative resolution process to resolve a student’s allegations of Sexual Harassment against an employee.

Either Party may ask the Title IX Coordinator to facilitate an alternative resolution process at any time before the university reaches a final determination of responsibility for Sexual Harassment; however, the Title IX Office does not offer or facilitate an alternative resolution process until

• a Formal Complaint has been filed;
• all Parties have received a written notice of allegations; and
• all Parties have provided their voluntary, written consent to the alternative resolution process.

Alternative resolution may encompass a broad range of conflict resolution strategies, including but not limited to arbitration, mediation, restorative justice, or any other process acceptable to the Parties and the Title IX Office.

Participation in an alternative resolution process is never required as a condition of enrollment or employment or as a precondition to any Party’s right to an investigation and adjudication of Formal Complaints of Sexual Harassment or any other right provided as part of the formal resolution provisions set forth in these procedures. At any time prior to signing a written agreement of alternative resolution, a Party may withdraw from the alternative resolution process and resume the Formal Complaint resolution process described in the Sexual Harassment Grievance Procedures.

Parties who reach an alternative resolution must sign a written agreement documenting the terms and conditions for dismissing the Complainant’s Formal Complaint and releasing the Parties’ claims against each other and against the university based on the allegations in the Formal Complaint and notice of allegations. The written agreement of alternative resolution must also be approved and signed by the Title IX Coordinator or by her or his designee.

The Title IX Coordinator will ensure that any person who facilitates an alternative resolution process does not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent and is trained as set forth below.

The university is committed to educating members of the campus community on Sexual Harassment prevention and response. Training on this policy is required for all employees upon hiring or change of position that alters their duties under this policy, and annually thereafter.

All administrators, deans, chairs, directors, managers, and supervisors are responsible to ensure that employees within their areas of stewardship are properly trained on their obligations under this policy and applicable laws.

The Title IX Coordinator ensures that all individuals involved in administering the Sexual Harassment Grievance Procedures receive training on the following:

• the definition of Sexual Harassment;
• the scope of BYU’s Education Program or Activity;
• how to conduct an investigation and grievance process, including hearings, appeals, and alternative resolution processes, as applicable;
• how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

Training materials must not rely on sex stereotypes and must promote impartial investigations and adjudications of Formal Complaints of Sexual Harassment.

No faculty member may enter into a dating, emotionally romantic, physically romantic, or otherwise inappropriate relationship with any person presently enrolled, registered, or otherwise participating as a student in an Education Program or Activity, including degree or non-degree courses (online or in-person), camps or clinics, and English language or other training programs. This prohibition does not apply to a faculty member who is lawfully married to the student, if the marriage pre-dated the student’s and/or the faculty member’s present affiliation with the university.

No employee may enter into a dating, emotionally romantic, physically romantic, or otherwise inappropriate relationship with any member of the university community with whom there is a power differential. A power differential exists where one individual has the ability to reward or penalize the other in an Education Program or Activity.