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TITLE IX AND THE HONOR CODE

Does the Title IX Office work with the Honor Code Office?

As stated in the Sexual Harassment Policy, the Title IX Office will not share the identity of a victim or witness with the Honor Code Office. However, the Honor Code Office is the Responsible Administrator for allegations of Sexual Harassment against BYU students and thus the Title IX Office does work with the Honor Code Office when an investigation has concluded that one of BYU’s students has been found in violation of the Sexual Harassment Policy and sanctions are needed. However, as mentioned above, the information provided to the Honor Code Office only includes identifying information needed to sanction the respondent; victim and witness information is redacted and not shared.

If I report a sexual assault to Title IX, will I be punished by the Honor Code?

Being a victim of sexual assault is NEVER a violation of the Honor Code, and victims will never be punished for being sexually assaulted. The university recognizes that victims or witnesses of Sexual Harassment 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 Harassment, the Title IX Office will not share the identity of a victim or witness with the Honor Code Office unless requested by such person or a person’s health or safety is at risk. Additionally, amnesty will be given for any Honor Code violations that may arise out of the same facts and circumstances as the report.

The Honor Code Office called me in about something that I’ve already worked with Title IX on. Don’t I get amnesty?

Amnesty is given to victims of Sexual Harassment for Honor Code violations arising out of the same facts and circumstances as the report. However, because victim and witness information is not shared by the Title IX Office with the Honor Code Office, it’s important to inform the Honor Code Office that you have been working with Title IX in order to invoke amnesty for Honor Code violations that may arise out of the same facts and circumstances as the report of Sexual Harassment.

What does amnesty mean?

Victims or witnesses who report an incident of Sexual Harassment to the Title IX Office 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. Students may be entitled to additional amnesty under certain circumstances, as provided by the Utah Campus Sexual Violence Act. 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.

The Sexual Harassment Policy refers to amnesty, leniency, and confidentiality. What’s the difference?

Amnesty means that victims of and witnesses to Sexual Harassment will not be punished for Honor Code violations arising out of the same facts or circumstances as the report. Leniency will be given to victims and witnesses for other Honor Code violations that are not related to the incident of Sexual Harassment but which may be discovered as a result of the Title IX investigatory process. Confidentiality refers to the Title IX Office not sharing victim or witness information with the Honor Code Office.