Sexual Misconduct Policy
I. GENERAL POLICY STATEMENT
BYU-Idaho is committed to promoting and maintaining a safe and respectful environment for the campus community. The university prohibits sexual misconduct in all its forms, including (but not limited to) sexual harassment, sexual violence, domestic violence, dating violence, stalking, sexual exploitation, or indecent exposure (collectively "Sexual Misconduct") perpetrated by or against university students, university employees, participants in university programs, or visitors to its campus, whether the behavior occurs on or off campus.
The university will take immediate and appropriate steps to stop Sexual Misconduct, prevent its recurrence, and address its effects. Any person who violates this Policy may be subject to discipline up to and including termination of employment, expulsion, suspension, or a ban
from campus, depending on the circumstances and the severity of the violation and the violator's status as an employee, student, or visitor.
The university will work to prevent Sexual Misconduct and address reports of Sexual Misconduct by:
• educating members of the campus community about this Policy and applicable laws;
• promptly addressing and resolving reports of Sexual Misconduct in accordance with this Policy;
• protecting the rights of all parties involved in a report; and
• imposing appropriate discipline against those who have committed Sexual Misconduct.
Individuals should seek to resolve incidents of Sexual Misconduct by following the procedures set forth in this Policy.
II. PROHIBITED CONDUCT
The university prohibits sex discrimination in its educational programs or activities, admission, and employment. (See BYU-Idaho Equal Employment Opportunity Policy and Statement of Non-Discrimination). Under certain circumstances, Sexual Misconduct may constitute sex discrimination.
Sexual Misconduct prohibited under this Policy includes a range of offensive conduct, including verbal or physical sexual harassment, sexual assault and other forms of sexual violence, sexual exploitation, and indecent exposure, each of which is a form of prohibited sex discrimination. Other criminal behavior, such as domestic violence, dating violence, and stalking, that is generally (though not exclusively) gender-based is also considered Sexual Misconduct under this Policy. This Policy does not address consensual premarital or extramarital sexual activity, which is prohibited under the Church Educational System Honor Code, or other kinds of sex discrimination of a non-sexual or non-criminal nature prohibited under the BYU-Idaho Equal Employment Opportunity Policy.
A. SEXUAL HARASSMENT
Sexual harassment is unwelcome conduct of a sexual nature and can include unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature whether verbal, nonverbal, or physical. Conduct is unwelcome if the individual toward whom it is directed did not request or invite it and regarded the conduct as undesirable or offensive.
This policy creates a behavioral expectation of respect and appropriateness for all university employees, students, and visitors to campus. Examples of sexual harassment include, but are not limited to, the following:
• Sexually suggestive or offensive joking, flirting, or comments
• Unwelcome and intentional touching
• Sexually oriented verbal abuse
• Sexually oriented comments about an individual's body
• Displaying objects or pictures that are sexual in nature
• Sending sexually explicit or offensive text messages or other communications
Sexual harassment of any kind is contrary to the teachings of The Church of Jesus Christ of Latter-day Saints (including but not limited to The Family: A Proclamation to the World) and the Church Educational System Honor Code, and is considered to be Sexual Misconduct prohibited under this policy.
Sexual harassment directed at employees or students of the university is also a form of prohibited sex discrimination which may be prohibited by Title VII of the Civil Rights Act of 1964 (prohibiting unlawful discrimination, including sex discrimination, in employment) and Title IX of the Educational Amendments of 1972 (prohibiting sex discrimination in federally-funded education programs and activities). Sexual harassment prohibited by these laws generally falls within one of two categories:
1. Quid pro quo sexual harassment-when submission to or rejection of the unwelcome sexual conduct is used as a basis for employment decisions affecting an employee, or when a professor or other employee conditions an educational decision or benefit on a student's submission to unwelcome sexual conduct.
To avoid the possibility or appearance of quid pro quo 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. As a general rule, such relationships should not be entered into or continued while one individual has the power to either reward or penalize the other person.
2. Hostile environment sexual harassment-when the unwelcome sexual conduct is so severe or pervasive that it alters the conditions of an employee's employment and creates a hostile, intimidating, or abusive working environment or it denies or limits a
student's or employee's ability to participate in or benefit from the university's programs or activities. Unwelcome sexual conduct that is mildly offensive and isolated, incidental, or sporadic may not rise to the level of unlawful sexual harassment, even though it may still be disrespectful and inappropriate behavior in violation of this Policy and the Church Educational System Honor Code.
The fact that someone did not intend to sexually harass an individual is generally not a defense to a report of sexual harassment. In most cases, determining whether the behavior has created a hostile environment depends on the effect the behavior has on the victim (including its effect on an employee's job performance or a student's education) and the surrounding circumstances (such as the type, frequency, and duration of the conduct; the relationship between the alleged perpetrator and victim; the number of people involved in the conduct; and the location and context of the incidents).
B. SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING
Sexual violence is a form of sexual harassment and refers to physical sexual acts perpetrated against a person's will, without the person's consent, or where the person is incapable of giving consent because of the victim's age, disability, unconsciousness, or use of drugs or alcohol. Consent is a voluntary agreement to engage in sexual activity and cannot be given by someone who is incapacitated. Additionally, consent cannot be implied by silence, the absence of resistance, or past consent with the same person. Consent can be withdrawn at any time and is invalidated where there is coercion, force, or threats.
Examples of sexual violence include, but are not limited to, rape, statutory rape, and fondling. In addition to being criminal offenses, such acts of sexual violence also constitute Sexual Misconduct prohibited under this policy. (For definitions of prohibited acts of sexual violence, see "ADDENDUM 1")
Domestic violence, dating violence, and stalking are likewise criminal offenses and are also considered Sexual Misconduct prohibited under this Policy, even when the behavior is not specifically sexual in nature. (For definitions of prohibited acts of domestic violence, dating
violence, and stalking see "Addendum 1")
C. SEXUAL EXPLOITATION
Sexual exploitation is a form of sex discrimination and refers to any situation where a person takes or attempts to take non-consensual or abusive sexual advantage of another for one's own advantage or benefit, or to benefit a person other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
• Voyeurism: spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other actions usually considered to be of a private nature
• Taking pictures, video, or audio recording another in a sexual act or in any other private activity without the consent of all involved in the activity or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person's consent)
• Administering alcohol, drugs (including "date rape" drugs), or other chemicals to another person without his or her knowledge or consent
• Possessing, distributing, viewing or forcing others to view illegal pornography
D. INDECENT EXPOSURE
Indecent exposure refers to the deliberate exposure of the private or intimate parts of the body in public or in private premises where there is present another person or persons who are offended or annoyed thereby.
III. REPORTING INCIDENTS
A. DUTY TO REPORT FOR EMPLOYEES
University employees who become aware of or reasonably suspect any incidents of Sexual Misconduct must promptly report the information to the Title IX Coordinator. The university must also issue timely warnings about crimes that pose a threat to students and employees. Employees who have reason to believe that a child (anyone under 18 years old) has been subjected to sexual violence or other forms of abuse or neglect, or who observe a child being subjected to conditions or circumstances which would reasonably result in such abuse or neglect, must report the situation to the nearest law enforcement agency or the Idaho Department of Health and Welfare. (See BYU-Idaho Youth Protection Policy).
University employees with information regarding any incidents of Sexual Misconduct who fail to report information (including but not limited to names, relevant facts, dates, times, and locations) or refuse to cooperate in an investigation may be subject to disciplinary action. The only exceptions to the employee reporting obligation are those situations in which the university employee received the information as part of a confidential communication from another person in the context of a professional or otherwise privileged relationship (i.e., the university employee was the reporting person's doctor, therapist, lawyer, ecclesiastical leader, or spouse).
B. CONFIDENTIALTY, AMNESTY, AND LENIENCY FOR VICTIMS AND WITNESSES
The university exists to provide an educational environment consistent with the ideals and principles of the restored gospel of Jesus Christ. The Church Educational System (CES) Honor Code and its observance by the campus community are essential components of the university's mission. The university will not tolerate Sexual Misconduct. Anyone found to have committed Sexual Misconduct as defined in this policy is not entitled to confidentiality or amnesty.
Being a victim of Sexual Misconduct is never a violation of the CES Honor Code. The university strongly encourages the reporting of all incidents of Sexual Misconduct so that support services can be offered to victims and Sexual Misconduct can be prevented and stopped.
Confidentiality. The university recognizes that victims or witnesses of Sexual Misconduct might be hesitant to report an incident to university officials if victims or witnesses 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 Misconduct, the Title IX Office will not share the identity of a victim or witness with the Student Honor Office unless requested by such person or a person's health or safety is at risk.
Amnesty. Anyone, including a victim, who reports an incident of Sexual Misconduct will not be disciplined by the university for any related honor code violation occurring at or near the time of the reported Sexual Misconduct unless a person's health or safety is at risk. However, with victims 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.
Leniency. To encourage the reporting of Sexual Misconduct, the university will also offer leniency to victims 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 any applicable facts and circumstances of each case, including the rights, responsibilities, and needs of each of the involved individuals.
C. WHERE TO REPORT
Any person may report Sexual Misconduct to the Title IX Office, 290 Kimball Building, 208-496-9209 , firstname.lastname@example.org. The Title IX Coordinator oversees all Title IX reports and investigations, coordinates the university's response to sex discrimination, and provides any person who reports Sexual Misconduct a written explanation of their rights, options, and available services both on and off campus (including counseling, mental health, victim advocacy, legal assistance, and student financial aid). In addition, individuals may submit reports, including anonymous reports, through the university's Title IX website. A report of Sexual Misconduct can be made verbally or in writing. If a report of Sexual Misconduct involves potentially criminal acts, the victim should be informed that he or she also has the option of reporting the incident to the Rexburg Police Department at 208-359-3008 and the option to be assisted by the Title IX Office or other campus personnel in notifying law enforcement. The victim should also be informed that he or she has the right to decline to notify law enforcement. In situations where criminal conduct is involved or personal safety is a concern, it is important that victims preserve evidence as necessary to prove the crime occurred or secure a protective order through the court system. Victims may elect to seek medical treatment in order to preserve evidence, treat injuries, or prevent sexually transmitted diseases. A sexual assault nurse examination can be coordinated by contacting local hospitals or law enforcement.
Inquiries concerning Title IX and unlawful sex discrimination may be referred to the university's Title IX Coordinator. The Office for Civil Rights within the U.S. Department of Education (OCR) investigates claims of unlawful sex discrimination, including sexual harassment and sexual violence, in the university's educational programs and activities. The OCR may be contacted by email at email@example.com or at http://www2.ed.gov/about/offices/list/ocr/index.html. The U.S. Equal Employment Opportunity Commission (EEOC) investigates claims of unlawful employment discrimination, including sexual harassment and sexual violence, in the workplace. The EEOC may be contacted by telephone at 800-669-4000 or at http://eeoc.gov/employees/charge.cfm.
D. CONFIDENTIAL TITLE IX LOG
The university's Title IX Coordinator will maintain a confidential log of Title IX reports and activity. To the extent that other campus departments receive reports of Sexual Misconduct, are involved with investigations, or conduct any part of the resolution proceedings, they should promptly report this activity to the Title IX Coordinator for entry into the confidential log, even if the complaints are resolved without the involvement of the Title IX Coordinator.
Retaliation or intimidation against an individual who has made a report or provided information in connection with an investigation of Sexual Misconduct is strictly prohibited. Individuals who participate in a Sexual Misconduct investigation should be advised that university policy and federal law prohibits retaliation or intimidation against them or against individuals closely associated with them. The university will take steps to prevent retaliation or intimidation and will take disciplinary action against any party engaging in such behavior, up to and including suspension or expulsion from the university. An individual who feels that he or she has been subjected to retaliation or intimidation should report the incident to the Title IX Coordinator.
IV. COMPLAINT RESOLUTION PROCEDURES: EMPLOYEES
Under direction of the Title IX Coordinator, Human Resources will investigate reported violations of the university's Sexual Misconduct Policy when perpetrated by or against university employees. This investigation is independent of any civil, criminal, or ecclesiastical proceeding. The Human Resource Investigation Process ("HR Process") is designed to provide a prompt, fair, and equitable resolution of reported behavior(s) which may violate this Policy. The HR Process can be viewed here.
V. COMPLAINT RESOLUTION PROCEDURES: STUDENTS
Under direction of the Title IX Coordinator, a qualified university administrator will investigate reported violations of the university's Sexual Misconduct Policy when perpetrated by or against university students. This investigation is independent of any civil, criminal, or ecclesiastical proceeding. The Title IX Investigation Process ("Title IX Process") is designed to provide a prompt, fair, and equitable resolution of reported behavior(s) which may violate this Policy. The Title IX Process will be conducted by qualified employees who do not have a conflict of interest or bias for or against the parties and who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation that protects the safety of victims and promotes accountability.
A. INFORMAL RESOLUTION
Whenever it is reasonably possible and safe to do so, any student who believes he or she has been subjected to Sexual Misconduct ("Reporting Party" ) may attempt to resolve the issue privately and constructively with the person responsible for the alleged misconduct ("Responding Party" ). However, an attempt at informal resolution is not required and is not appropriate, even on a voluntary basis, in instances of sexual violence or other criminal behavior, or when sexual harassment is severe or has become pervasive.
The goal of informal resolution is to conclude the matter to the satisfaction of both parties quickly and confidentially. Either party may enlist the assistance of the Title IX Coordinator in this effort. If satisfactory resolution is not reached after such informal efforts, or if the Reporting Party believes informal resolution is not possible or may be unsafe, he or she may forego the informal resolution process or discontinue it at any time and address the concern using the formal resolution process described below.
B. FORMAL RESOLUTION
The formal Title IX Investigation Process may be initiated by submitting a report to the Title IX Coordinator. Additionally, depending on the circumstances and the severity of the reported violation, the university reserves the right to initiate this Process in the absence of a formal report.
1. PRELIMINARY ASSESSMENT
Upon receiving a report of Sexual Misconduct, the Title IX Coordinator will promptly perform a preliminary assessment based on the facts reported to determine whether they provide reasonable cause to believe a violation of the Sexual Misconduct policy may have occurred. If there is no reasonable cause to believe a violation occurred, no Title IX Investigation will be conducted. The Reporting Party will be informed that his or her report has been considered and will not be investigated under this Process. If reasonable cause is found, an investigation will proceed as provided below.
2. SELECTION OF THE INVESTIGATOR
The Title IX Coordinator will assign a qualified employee to promptly investigate the allegations in the report ("Investigator"). The Title IX Coordinator will consider any conflicts of interest, time constraints, or other relevant factors in selecting an Investigator.
The Reporting Party and Responding Party may each raise issues regarding bias or a potential conflict of interest of investigators or others involved in the resolution process by contacting the Title IX Coordinator.
Given the sensitive nature of Sexual Misconduct allegations and the potential for damage to the parties' personal reputations, all reports will be investigated as confidentially as reasonably possible. All participants in the investigation-including the Reporting Party, the Responding Party, and individuals interviewed by the Investigator-should keep the allegations and proceedings confidential, and should provide information only to those university employees authorized to investigate the report or who otherwise have a legitimate need to know. Records kept by the university relating to allegations of Sexual Misconduct are not publicly available, but in the event that the university is required to make any such records publicly available, any identifying information about the Reporting Party will be excluded, to the extent permissible by law, to protect the Reporting Party's confidentiality. Federal law requires the university to publicly disclose statistics about reported incidents of sexual assault, domestic violence, dating violence, and stalking; however, no personally identifiable information is maintained or published for purposes of such reporting.
Notwithstanding the foregoing confidentiality provisions, the Reporting Party and any witnesses who participate in an investigation of Sexual Misconduct should be advised that their confidentiality will be preserved only to the extent it does not interfere with the university's ability to investigate the report and take corrective action. If the investigation results in litigation, the university may be legally required to disclose any information it has received.
If a Reporting Party requests that his or her identity be kept confidential or asks the university not to pursue an investigation, the Reporting Party should be notified that (1) the university's ability to investigate and respond to the report may be limited by such a request, and (2) under some circumstances the university may not be able to honor such a request. The university will take all reasonable steps to investigate and respond to a report consistent with the Reporting Party's request for confidentiality. However, without conducting a full investigation or disclosing the full nature of the report (including its source) to the Responding Party, the university may be unable to impose any discipline, and its corrective actions might be limited to informing the Responding Party that allegations of discriminatory behavior have been made against him or her, preserving a record of the discrimination allegation in the Responding Party's student disciplinary file, and pursuing other steps to limit the effects of the alleged Sexual Misconduct. The university may not be able to honor a request for confidentiality or to forego an investigation if such a request would prevent the university from providing a safe and nondiscriminatory environment and to conduct a thorough investigation and a prompt and equitable resolution of the report.
The university will consider the following factors in determining whether to disclose the identity of a Reporting Party or pursue an investigation contrary to the Reporting Party's request:
• the seriousness of the alleged Sexual Misconduct
• the age or maturity of the Reporting Party
• the risk the Responding Party poses to other students
• the existence of any previous accusations against the Responding Party
• the existence of independent evidence to substantiate the allegations
• the rights of the student under the university's Access to Student Records Policy and corresponding federal and state privacy laws or laws mandating disclosure
If the university determines it cannot honor a Reporting Party's request for confidentiality or a request to forego an investigation, it will inform the Reporting Party prior to commencing its investigation. The Title IX Coordinator is responsible for evaluating requests for confidentiality or to forego an investigation.
4. INTERIM MEASURES
Based on any information acquired in the course of the preliminary assessment or investigation, the Title IX Coordinator may recommend that interim measures be taken to protect the Reporting Party or others from further acts of Sexual Misconduct or retaliation while the investigation is pending. The Title IX Coordinator will work with the office(s) or individual(s) within the university authorized to implement the recommendation. The Reporting Party will be informed in writing of the availability of interim measures such as separating the Reporting Party and the Responding Party by changing academic, employment, or living situations; academic support; on and off-campus counseling, health care providers, and mental health services.
Any request for accommodations or protective measures by the Reporting Party must be reasonably available, but if a requested change is unreasonable, the university is not required to make the change. A request for accommodations or protective measures can be made regardless of whether a victim of Sexual Misconduct chooses to report the crime to law enforcement. In situations deemed to be extreme or dangerous, the Title IX Coordinator may take interim disciplinary action against the Responding Party, up to and including a temporary suspension and ban from campus; in such cases both parties will receive simultaneous written notification of this action.
5. THE INVESTIGATION
The investigation should be thorough, prompt, reliable, and impartial. The Investigator will, in good faith, attempt to conclude the investigation within sixty (60) days of receiving the report. If, as a result of the complexity of the case or other extenuating facts and circumstances, the investigation cannot reasonably be concluded within the sixty (60) day period, the Reporting Party and the Responding Party will be provided periodic updates at reasonable intervals regarding the status of the investigation and cause(s) for delay. If either party withdraws from school while the investigation is pending, the Investigator will proceed with the investigation until complete. However, the party that withdraws will not be allowed to request a Title IX Review.
The university will provide both parties timely notice of meetings at which the Reporting party or Responding party may be present, and upon request will make information that will be used during any related meeting available to both parties prior to their attendance. The university reserves the right to redact information to protect other parties involved.
Either party may elect to be accompanied to any related meeting by an advisor of their choice, though such is not required. The Investigator will outline the advisor's role prior
to the advisor attending any related meeting. While the university will not limit the choice of advisor for either party, the advisor is not an advocate for either party and will be prohibited from speaking to any person other than the party they are accompanying during any related meeting. The university reserves the right to dismiss any advisor who becomes disruptive or fails to abide by restrictions governing their participation. Timely notice of meetings will only be made to the parties involved, and the parties bear the burden of notifying their advisor of the date, time, and location of any related meeting.
During the investigation, the Investigator will conduct interviews with any person(s) with information concerning the report and review any other documents or evidence submitted by the parties or discovered during the investigation. An investigation under these procedures is an internal university disciplinary matter.
At the conclusion of the investigation, the Investigator will determine, based on the preponderance of the evidence (i.e., whether it is more likely than not), whether the Responding Party has in fact committed Sexual Misconduct in violation of the university's Sexual Misconduct Policy. The Investigator will promptly communicate notice of the outcome of the investigation (including the rationale for the outcome) simultaneously and in writing to the Reporting Party and Responding Party. The Investigator will also communicate to both parties the process and timeline for requesting a Title IX Review to appeal the results.
6. RESOLUTION AND DISCIPLINARY SANCTIONS
Any student found in violation of this Policy may be subject to corrective action including appropriate discipline up to and including mandatory training or education, suspension, expulsion, or a ban from campus, depending on the circumstances and the severity of the violation. After informing both parties of the outcome of the investigation, the Investigator will disclose the discipline imposed by the resolution (including the rationale for any disciplinary sanctions) to the Responding Party. While the Reporting Party will be informed of the resolution, the Investigator will not disclose the discipline imposed on the Responding Party except under one of the following circumstances:
• the discipline directly affects the Reporting Party-such as when the Responding Party is ordered to stay away from the Reporting Party, is transferred to another class, or residence hall, or is suspended or expelled from the university;
• the Reporting Party alleged Sexual Misconduct involving a crime of violence or a non-forcible sex offense; or
• the Responding Party gives his or her written permission to disclose the discipline to the Reporting Party.
Resolution of reported Sexual Misconduct shall include, in addition to any discipline imposed, reasonable steps designed to correct any discriminatory effects on the Reporting Party and on others who may have been affected, and to prevent the recurrence of any discriminatory or otherwise inappropriate actions. Possible corrective measures that may be imposed at the conclusion of the investigation may include any of the following: making interim measures permanent, offering remedies and accommodations to the Reporting Party, implementing changes in programs or activities, or providing training for the university community or specific groups or individuals.
7. TITLE IX REVIEW
At the conclusion of the investigation, either party may request a review before the Title IX Coordinator ("Review"). The Title IX Coordinator reserves the right to assign a designee to conduct the Review. The Review is not an investigative process and cannot be requested simply to have a case reinvestigated. In any Review, the Title IX Coordinator, will presume the outcome of the investigation was reasonable, and the party requesting review bears the burden of establishing otherwise. A Review will only be granted when the requesting party identifies at least one of the following reasons for Review:
• The outcome of the investigation is clearly contrary to the preponderance of the evidence
• A procedural error significantly impacted the outcome of the investigation (e.g., a substantiated bias or material deviation from these procedures)
• The discipline imposed is substantially disproportionate to the severity of the violation (i.e., too severe or not severe enough)
A Review may be initiated by contacting the Title IX Coordinator within two (2) business days after receiving notice of the outcome of the investigation from the Investigator. The Title IX Coordinator will explain the Review process and answer any questions the student may have pertaining to the Review.
The student requesting Review shall prepare in writing an explanation of the request for Review ("Explanation"), which should include all relevant information in support of the student's reason(s) for Review. Upon receipt of the Explanation, the Title IX Coordinator will promptly contact the other party and provide them an opportunity to respond ("Response") to the Explanation. The Response should include all relevant information for the Title IX Coordinator to consider and must be submitted within two (2) business days after being contacted by the Title IX Coordinator The Investigator will submit a written response to the Title IX Coordinator, addressing the student's Explanation. As with the investigation, the university will provide both parties timely notice of information that will be used during the Review and will make such available upon request to both parties prior to their opportunity to respond. The university reserves the right to redact information to protect other parties involved.
Either party may review their own Title IX file. The university may redact these materials at its absolute discretion to protect other parties involved. Either party may request to view their file by contacting the Title IX Office in writing (firstname.lastname@example.org). A student may take notes while viewing their file, but no information contained in the file can be copied or transmitted in any form, unless an exception is granted in writing by the Title IX Coordinator.
The Title IX Coordinator will consider the Explanation, Response, and Investigator's response to determine whether the university erred as identified by the student requesting Review. The Title IX Coordinator will provide a written decision to both parties and the Investigator within ten (10) business days of receiving the Explanation, Response, and Investigator's response. The university considers the written decision from the Title IX Coordinator to be final, and no other appeal or review process will be available to either party beyond the Review.
8. CONCURRENT INVESTIGATIONS OR PROCESSES
An investigation conducted under this process will be conducted independent of any associated criminal investigation or any other university investigation. An investigation under this process will not be suspended pending the conclusion of a criminal investigation or any other investigation, though the fact-finding portion of the investigation may be delayed temporarily while the police are gathering evidence. While the findings and conclusions of one investigation will not determine the outcome of any other, any evidence or findings developed in any university or non-university investigation may be shared with and considered in any other university investigation.
9. Cooperation with University Investigations
Students who fail to cooperate in the investigation, including those who knowingly or recklessly misrepresent any facts or who withhold pertinent information, may be subject to disciplinary action up to and including suspension or expulsion from the university. The knowing or reckless reporting of false charges of Sexual Misconduct will be treated as a violation of the Church Educational System Honor Code subjecting the individual making the false accusations to disciplinary action.
10. WAIVER OF CLAIMS
Failure to request a Title IX Review within the stated deadline or to exhaust the remedies provided by this process within the time provided will constitute a waiver of the student's right to pursue any claim against the university in the matter, unless the right to pursue a statutory claim is preserved by law or the university waives this clause in writing.
VI. RELATED BYU-IDAHO POLICIES
- Equal Employment Opportunity (2-1)
- Employment Standard (2-2 B)
- Honor Code (Includes Dress and Grooming Standards) (2-2 C)
- Discipline and Discharge of Non-Faculty Employees (2-5 C)
- Work-Related Concerns [Non-Faculty Grievance Policy] (2-5 i)
- Faculty Grievance Policy (2.5.10) [Located in the Faculty Guide]
- Student Non-Discrimination Statement (4-3)
- Missing Student Notification Policy (4-11)
- Youth Protection Policy (4-13)
- Faculty Discipline and Termination (5-6)
VII. FEDERAL LAWS REGARDING SEXUAL MISCONDUCT
- Title VII of the Civil Rights Act of 1964 (Title VII)
- Title IX of the Educational Amendments of 1972 (Title IX)
- Code of Federal Regulations (Title 29.1604)
- Dear Colleague Letter, 4 April 2011 (US Dept. of Education, OCR)
- Violence Against Women Act of 1994 (VAWA)
- Violence Against Women Reauthorization Act of 2013
- Campus Sexual Violence Elimination (Campus SAVE) Act
- The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)
VIII. CAMPUS AND COMMUNITY RESOURCES
- Title IX Coordinator/Dean of Students (290 Kimball Building) (208-496-9200)
- Student Honor Office (270 Kimball Building) (208-496-9300)
- Human Resources (226 Kimball Building) (208-496-1700)
- Security and Safety Office (150 Kimball Building) (208-496-3000)
- Student Health Center (100 SHC Building) (208-496-9330)
- Counseling Center (200 SHC Building) (208-496-9370)
IX. COLLECTION AND REPORTING OF STATISTICAL DATA
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act [20 U.S.C. § 1092(f)] requires universities to produce and distribute an annual report containing information on their campus crime statistics and campus security policies. In accordance with that requirement, BYU-Idaho collects and reports statistical data regarding crimes of sexual violence—as well as other crimes—committed on or near campus. BYU-Idaho’s report is available here.
Addendum 1: Definitions
1) Consent (in reference to sexual activity): The affirmative, unambiguous, and voluntary agreement to engage in a specific sexual activity during a sexual encounter.
- a. 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, would not be able to consent.
- b. One is not able to infer consent under circumstances in which consent is not clear, including but not limited to the absence of ‘‘no” or ‘‘stop,’’ or the existence of a prior or current relationship or sexual activity.
2) 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.
- a. 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.
- b. For the purposes of this definition—
- i. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- ii. Dating violence does not include acts covered under the definition of domestic violence.
3) Domestic Violence: A felony or misdemeanor crime of violence committed—
- a. By a current or former spouse or intimate partner of the victim;
- b. By a person with whom the victim shares a child in common;
- c. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- d. By 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. By 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.
4) Sexual Assault: An offense that meets the definition of rape, fondling, or statutory rape as used in the FBI Uniform Crime Reports.
- a. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- b. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- c. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
- a. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
- i. Fear for the person’s safety or the safety of others; or
- ii. Suffer substantial emotional distress.
- b. For the purposes of this definition—
- i. 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, surveys, threatens, or communicates to or about a person, or interferes with a person’s property.
- ii. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- iii. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
- For additional information, please refer to Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights Act of 1964.
- Reporting Party refers to any individual who may have been the subject of any Sexual Misconduct by any person(s) covered under this Policy, regardless of whether the Reporting Party makes a Report under the Policy.
- 3 Responding Party refers to any individual who has been accused of violating this Policy.