Title IX is a federal law that prohibits sex discrimination in education, including in employment, at any educational institution receiving federal funds. Title IX imposes certain obligations on schools that center on the prevention of, and response to, incidents of sex discrimination, which incudes sexual harassment and sexual violence. You should know that many school employees are considered “responsible employees” meaning that once those employees are aware of an incident of sex or gender discrimination, the school is required to respond, under federal law. You should know that Title IX is enforced by the Department of Education, and failure to comply with Title IX can have serious consequences for a school. You should know that every school has a Title IX Coordinator, who oversees the school’s compliance with Title IX and who can speak with you in detail about how Title IX works on your campus. In addition, you should know that Title IX prohibits retaliation, which is adverse action directed against anyone who brings forward a complaint under Title IX or who supports a reporting party, assists a reporting party, or who provides information relevant to an allegation, when the adverse action occurs because of one’s participation in the report. You should also know that the federal government has imposed upon schools extensive obligations to train students, faculty, and staff about these issues.
Many staff members and most faculty members are considered “responsible employees” and when a responsible employee learns of a sexual assault, that triggers certain legal obligations on behalf of the school. The role of responsible employees is to promptly report to the Title IX Coordinator – beyond that, employees should protect the privacy of the parties involved and avoid interfering with the investigation by not asking questions or attempting to gather information. If you are unsure whether or not you are a responsible employee, you should contact BYU’s Title IX Coordinator at 801-422-8692 to find out.
If the faculty member or employee receives the report while in their role as a faculty member or employee of BYU, no, the report cannot be made anonymously. If the report/information is obtained while the faculty member or employee is not functioning in their employment role, reports can be made anonymously. If you are unsure whether or not you can make an anonymous report, please contact BYU’s Title IX Coordinator at 801-422-8692.
There are many ways a report can be made to the Title IX Coordinator:
The names, office addresses, and telephone numbers of the Title IX Coordinator and the deputy coordinators are also posted on the university’s Title IX website at titleix.byu.edu/contact-us. In addition, individuals may submit anonymous reports through EthicsPoint, the university’s 24-hour hotline provider by telephone at 888-238-1062. Anonymous reports may also be made online at https://secure.ethicspoint.com/domain/en/default_reporter.asp.
University employees in the following positions who become aware of Sexual Harassment committed by university personnel or students or occurring in BYU’s Education Program or Activity must report all relevant information to the Title IX Coordinator: president, vice president, assistant to the president, associate vice president, assistant vice president, dean, associate dean, assistant dean, department chair, faculty member, coach, assistant coach, athletic trainer, executive director, director, managing director, senior director, associate director, assistant director, senior manager, manager, assistant manager, supervisor, lead, and Title IX Office employees.
Any of these employees who receive a report of Sexual Harassment committed by university personnel or students or occurring in BYU’s Education Program or Activity should inform the reporting individual that the employee must report the incident to the Title IX Coordinator, and the employee must then promptly make the report. Any employee who knowingly fails to report relevant information to the Title IX Coordinator as required by this paragraph may be subject to disciplinary action. An employee who receives the information as part of a confidential communication in the context of a professional or otherwise privileged relationship (e.g., the employee was the reporting person’s physician, therapist, lawyer, ecclesiastical leader, or spouse) does not have a reporting obligation under this policy.
