WHAT IS SEXUAL HARASSMENT?

Sexual Harassment means conduct on the basis of sex that meets one or more of the following:

• Quid pro quo harassment—a BYU student or employee conditions the provision of an aid, benefit, or service of BYU on an individual’s participation in unwelcome sexual conduct
• Hostile environment—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’s Education Program or Activity
• Sexual Assault, Dating Violence, Domestic Violence, Sexual Exploitation, or Stalking (these terms are defined below as found in the Sexual Harassment Grievance Procedures)

Sexual Assault means any sexual act directed against a Complainant without the Complainant’s Consent. Sexual Assault includes, but is not limited to, fondling, incest, rape, and statutory rape.

• Fondling—the intentional touching of the clothed or unclothed genitals, buttocks, groin, breasts, or other body parts of the Complainant by the Respondent, without the consent of the Complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation; or the Respondent caused or directed the Complainant’s intentional touching of the Respondent’s clothed or unclothed genitals, buttocks, groin, breasts, or other body parts, without the consent of the Complainant, for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
• Incest—nonforcible sexual intercourse between persons who are related to each other within the degree wherein marriage is prohibited by Utah law. As used in this definition, sexual intercourse means 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.
• 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. Rape includes sodomy and sexual assault with an object.
• Statutory Rape—nonforcible sexual intercourse with a person who is under the statutory age of Consent

Dating Violence means violence, including sexual or physical abuse or the threat of such abuse, 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 is 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 sex-based violence, including sexual or physical abuse or the threat of such abuse, committed by a person who is 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.

Sexual Exploitation—any violation of the sexual privacy of another or taking advantage of another person in a sexual manner without the person’s Consent for personal gratification or benefit in any way that does not otherwise constitute Sexual Harassment. Examples of Sexual Exploitation include, but are not limited to, any of the following if they occur without the Consent of all parties involved:

• exposing one’s own or another person’s intimate parts;
• recording video or audio of, photographing, or disseminating or transmitting intimate or sexual utterances, sounds, or images;
• creating intimate images of an identifiable person, including through the use of artificial intelligence or other technologies;
• allowing others to view sexual acts (whether in person, through electronic means, or via a video camera or other recording device); and
• engaging in any form of voyeurism (e.g., viewing or listening to any of the foregoing).

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.