Sexual Harassment Policy: BYU-Idaho Title IX Office

# Sexual Harassment Policy

Sexual harassment in any form by employees and students is prohibited by BYU-Idaho.

## Report a Concern

## Sexual Harassment Policy

Sexual harassment is contrary to the teachings of The Church of Jesus Christ of Latter-day Saints and the Church Educational System Honor Code. Brigham Young University-Idaho prohibits sexual harassment by its employees and students and in all of its education programs or activities.

******Complainant****** means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment. 
 
******Consent****** is the affirmative, voluntary agreement by word or action to engage in specific sexual activity. 
 
Consent to any sexual act or prior consensual activity between or with any party does not necessarily constitute consent to any other sexual act. Consent may be initially given but may be withdrawn through words or conduct at any time prior to or during sexual activity. 
 
An individual who is asleep, or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, or who was under duress, threat, coercion, or force, or was otherwise incapable of consenting under applicable law, would not be able to consent. 
 
******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 Complainant. 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 on the basis of sex by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person similarly situated to a spouse of the Complainant, or by any other person against a victim who is protected from that person's acts under state domestic or family violence laws. 
 
******Education Program or Activity****** means all of BYU-Idaho's operations and includes all locations, events, or circumstances over which the university exercised substantial control over both the Respondent and the context in which the Sexual Harassment occurred. 
 
Locations include both on-campus locations and off-campus buildings owned or controlled by BYU-Idaho. If the Sexual Harassment allegedly occurred in another off-campus location, BYU- Idaho will consider factors such as whether the university funded, promoted, or sponsored the event or circumstance in which the alleged Sexual Harassment occurred in determining whether it occurred in a BYU-Idaho 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-Idaho investigate the Sexual Harassment allegation. 
 
******Responsible Employee****** means an employee of the university who is obligated to report Sexual Harassment to the Title IX Coordinator. BYU-Idaho has designated employees in the following positions as Responsible Employees: president; vice president; associate vice president; assistant vice president; assistant to the president; dean; associate dean; department chair; director; managing director; and Title IX Office employees. 
 
******Respondent****** means an individual who is alleged to be the perpetrator of conduct that could constitute Sexual Harassment. 
 
******Sexual Assault****** means any sexual act directed against the Complainant without the Complainant's Consent. Sexual Assault includes fondling, incest, rape, sexual assault with an object, sodomy, and statutory rape. 
 
******Sexual Harassment******means conduct on the basis of sex that satisfies one or more of the following: 

1. A BYU-Idaho employee or faculty member conditions the provision of an aid, benefit, or service of BYU-Idaho 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 BYU-Idaho's Education Program or Activity; or
3. Sexual Assault, Dating Violence, Domestic Violence, or Stalking.

******Sexual Violence****** means Sexual Assault, Dating Violence, Domestic Violence, or Stalking. 
 
******Supportive Measures****** means 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. Supportive Measures are measures designed to restore or preserve equal access to the Education Program or Activity of BYU-Idaho 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 counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, safety escorts, 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. 
 
******Stalking****** means engaging in a course of conduct (two or more acts) 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. Both in-person and electronic stalking are prohibited. 
 
******Title IX Coordinator******means the person authorized by BYU-Idaho 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-Idaho's response under this policy. The person reporting need not be the Complainant. 
 
A Responsible Employee who receives a report of Sexual Harassment should inform the reporting individual that the employee must report the incident, and the employee must then promptly make the report to the Title IX Coordinator. A Responsible Employee who fails to report relevant information may be subject to disciplinary action. A Responsible Employee who receives the information as part of a confidential communication in the context of a professional or otherwise privileged relationship (e.g., the Responsible Employee was the reporting person's physician, therapist, lawyer, ecclesiastical leader, or spouse) does not have a reporting obligation under this Policy. 
 
****Where to Report**** 
 
To ensure that the university has the information necessary to respond appropriately to Title IX complaints, reports of Sexual Harassment must be made to the Title IX Coordinator. BYU-Idaho 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, or by electronic mail, at the following locations: 

BYU-Idaho Title IX Office

290 Kimball Building

Rexburg, ID 83460

208-496-9209

titleix@byui.edu

This information is also located on the Title IX Office's website: Title IX Office - Contact. 
 
Reports may be made at any time, including during non-business hours, although in-person reports may be made only during regular business hours. In addition, reports (including anonymous reports) may be submitted online at any time at Report Sexual Harassment. 
 
****Timing**** 
 
Reports of Sexual Harassment should be made to the Title IX Coordinator as soon as possible. However, Supportive Measures are available to Complainants regardless of when a report is made.

As part of the university's response to any report of Sexual Harassment, the Title IX Coordinator will promptly contact the Complainant to discuss and provide written notice of the availability of Supportive Measures, with or without the filing of a Formal Complaint, and will discuss and provide written notice of the Formal Complaint process. The university will maintain as confidential any Supportive Measures provided to the Complainant, to the extent that maintaining such confidentiality would not impair the ability of the university to provide the Supportive Measures. The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures for the Complainant and, as appropriate, for the Respondent. 
 
If the Complainant elects to file a Formal Complaint against a Respondent, the Title IX Coordinator will also notify the Respondent and provide the Complainant and Respondent with a written explanation of the grievance resolution processes used for institutional disciplinary actions. The university will not impose any disciplinary sanctions or other actions against a Respondent that are not Supportive Measures prior to making a determination regarding responsibility under the applicable resolution process. 
 
The Title IX Coordinator will follow the Sexual Harassment Grievance Procedures to respond to Formal Complaints of Sexual Harassment against a person in the United States who is participating in or attempting to participate in the university's Education Program or Activity, as required by federal regulations promulgated under Title IX of the Education Amendments Act of 1972. 
 
Other Formal Complaints of Sexual Harassment received by the Title IX Coordinator--such as complaints alleging Sexual Harassment in a BYU-Idaho Education Program or Activity outside the United States, complaints of Sexual Harassment perpetrated by BYU-Idaho students or employees against individuals not participating or attempting to participate in BYU-Idaho's Education Program or Activity, or complaints that combine allegations of Sexual Harassment with allegations of other forms of discrimination or misconduct--will be jointly evaluated by the Title IX Coordinator and appropriate university officials to ensure the university provides an appropriate response under other applicable policies and procedures of the university.

Brigham Young University-Idaho exists to provide an educational environment consistent with the ideals and principles of the restored gospel of Jesus Christ. The Church Educational System Honor Codeand its observance by the campus community are essential components of BYU- Idaho's mission. The university will 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, or consensual sexual activity outside of marriage. To help address this concern and to encourage the reporting of Sexual Harassment, the Title IX Office will not share the identity of a Complainant or witness who reports Sexual Harassment with the Student Honor Office unless requested by such person or a person's health or safety is at risk. 
 
Further, the university will keep 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 the perpetrator of Sexual Harassment, any Respondent, and any witness; except as required by law, as necessary to carry out this Policy, as necessary to protect an individual's health or safety, or as may be permitted by the Access to Student Records Policy. 
 
****B. Nonretaliation.**** BYU-Idaho prohibits retaliation by anyone, including any university disciplinary office. Retaliation means intimidation, a threat, coercion, or discrimination-- including discipline of an individual for honor code violations that do not involve Sexual Harassment but arise out of the same facts or circumstances as a report or Formal Complaint of Sexual Harassment--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, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. However, the university may discipline a Responsible Employee who fails or refuses to forward a complaint of Sexual Harassment or provide any relevant information to the Title IX Office in violation of this policy. 
 
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 will not create such deterrence and are insufficient to establish a retaliation claim. 
 
BYU-Idaho students and employees agree to be honest as part of their commitment to live by the CES 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 the Complainant, does not necessarily mean that the Complainant's allegation was a materially false statement made in bad faith. 
 
An individual who feels that they have been subjected to retaliation under this policy should report the incident to the Title IX Coordinator, who will address the report in accordance with the applicable university 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 violations arising out of the same facts or circumstances as the report unless a person's health or safety is at risk. 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 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 university is committed to educating members of the campus community on Sexual Harassment prevention and response. Training on this policy will be required for all employees. 
 
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.

To avoid the possibility or appearance of Sexual Harassment, employees and students should avoid dating, romantic, or amorous relationships where a power differential exists. Examples of such relationships include, but are not limited to, a professor or teaching assistant involved in a relationship with his or her student, or a supervisor involved in a relationship with a subordinate employee. If such a relationship exists and both parties want to continue the relationship, the supervisor(s) of both parties must be informed of the relationship, must document the disclosure of the relationship, and must confirm with each of the parties independently that the relationship is voluntary and not unwelcome to either party. However, as a general rule, dating, romantic, or amorous relationships should not be entered into or continued while one individual in the relationship has the power to either reward or penalize the other in work or in school.

****APPROVED:**** 14 Aug 2020 PRIOR VERSION: 29 Jan 2018 
 
****APPLICABILITY:**** This policy applies to anyone participating in, or attempting to participate in, an Education Program or Activity of the university. 
 
****POLICY OWNER:**** University Resources Vice President 
 
****RESPONSIBLE OFFICE:**** Title IX Office