BYU formalizes amnesty policy to help protect student victims, witnesses of sexual assault


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PROVO — Brigham Young University has formalized its amnesty policy to help protect student victims and witnesses of sexual assault or rape, university officials announced Friday afternoon.

The policy is intended to encourage students to report sexual misconduct without concern that they might be punished by the Honor Code Office for violations that could be uncovered during an investigation, according to a statement released by BYU officials. These changes will also apply to students attending BYU-Idaho, BYU-Hawaii and LDS Business College.

An investigation into the school's Title IX office practices was opened last spring after a female student said the university's sharing of information with the Honor Code Office kept victims of sexual assault from reporting crimes.

An advisory council, organized in May 2016 by BYU President Kevin Worthen, conducted a four-month study of the school's practices regarding Title IX. The council recommended in late October that the university make several changes, including hiring a full-time Title IX coordinator who could give more attention to sexual assault reports. School officials accepted all 23 recommendations from the council at that time.

The council also recommended in October that the school adopt an amnesty clause. Because the clause required a change in school policy, officials decided to review the components of the amnesty clause before moving forward.

Part of the amnesty clause addressed those who have been victims of sexual assault at LDS Church colleges or universities who may be hesitant to report an incident if they were concerned that an honor code violation — such as alcohol or drug use or previous consensual sex — would be discovered during the investigation.

"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 ... unless requested by such person or a person’s health or safety is at risk,” the new policy reads.

Victims who report sexual misconduct crimes "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,” the amnesty clause states. “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 amnesty policy also extends "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.”

School officials also announced Friday that 42.8 percent of students completed a campus climate survey, which was another recommendation from the council in October.

“We believe that the data gleaned from this survey will provide vital information for guiding our efforts to help keep students safe,” said Ben Ogles, dean of the College of Family, Home and Social Sciences and a member of the advisory council.

The university sent a survey link to all students 18 years old and older who were registered for at least six credits on campus.

“Both of these announcements represent a significant amount of effort on the part of many at the university,” said Student Life Vice President Janet S. Scharman in a statement. “We are also grateful to our students who took the time to complete the campus climate survey. To have nearly a 43 percent completion rate is extraordinarily high and will help us immensely as we move forward.”

A summary of the findings will be released this fall.

Contributing: Josh Furlong, Whitney Evans

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