Brigham Young University (BYU) 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 BYU’s mission. The university will not tolerate Sexual Misconduct (defined in this policy as sexual harassment, sexual violence, domestic violence, dating violence, and stalking). 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. BYU strongly encourages the reporting of all incidents of Sexual Misconduct so that support services can be offered to victims (see Section III.C) 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 Honor Code Office or any Responsible Administrator (defined in Section IV.B.4) 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.