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Unlawful Gender Discrimination, Unlawful Sexual Harassment and Inappropriate Gender-Based Behavior

PROCEDURES FOR REPORTING

FACULTY MEMBERS AND ADMINISTRATIVE/STAFF/STUDENT EMPLOYEES AND CAMPUS VISITORS

Persons who believe they have been subject to unlawful gender discrimination, have been unlawfully sexually harassed or have been subjected to inappropriate gender-based behavior where the alleged perpetrator is a faculty member, an administrative/staff/student employee or a campus visitor are encouraged, if practicable and if the incident is minor and isolated, to resolve the matter directly and in private with the offender. However, if in the sole discretion of the complainant this approach is not practicable, the incident is serious, or the misconduct is part of a continuing pattern, the complainant should report the incident to the offender's line management, who will coordinate with the Equal Opportunity Office. An individual may, at any time, bypass management and report the incident directly to the Equal Opportunity Manager, D-282 ASB, 422-5895.

Administrators, deans, chairs, directors, managers and supervisors are responsible for the university's Unlawful Sexual Harassment and Inappropriate Gender-Based Behavior Policies within their area of responsibility. However, they should contact the Equal Opportunity Office for assistance in resolving sexual harassment problems. Further they should also notify the Equal Opportunity Office of the nature and resolution of any complaints to allow the University to track possible recurring problems. Members of the university community who engage in minor, isolated or inadvertent misconduct in violation of this policy should be counseled by line management to assist them in understanding the discomfort and harm which may be caused by such behavior.

STUDENTS

All complaints of unlawful gender discrimination, unlawful sexual harassment and inappropriate gender-based behavior in which a student is the alleged perpetrator may be initially filed with either the University Equal Opportunity Office, D-282 ASB, 422-5895, or the Honor Code Office, 4440 WSC, 422-2847. The Equal Opportunity Office will review and take appropriate action in respect to any university employment using the same procedures as with other personnel. The Honor Code Office will review and take appropriate action with respect to the student's standing at the university.

Upon receipt of a complaint, the Honor Code Office will review the complaint and if appropriate refer it. If the misconduct is minor, isolated, or inadvertent, the student will be referred to the Student Honor Association which will work with the alleged violator through principles of dialogue and education to assist the student in understanding the discomfort and harm which may be caused by such behavior. The Association can recommend to the Honor Code Advisory Council the application of university sanctions. Serious complaints such as a threat to personal safety will be handled directly by the Honor Code Office. Each case will be resolved according to established Student Life policies and procedures designed to deal with Church Educational System Honor Code violations.

All of the above-mentioned offices will make appropriate cross referrals to the others.

DUTY TO REPORT

Personnel or students who fail to report or to cooperate in the investigation of complaints of unlawful sexual harassment may be subject to appropriate disciplinary action. The confidentiality of the reporting party will be observed provided it does not interfere with BYU's ability to investigate and take correction action. Filing of false charges of sexual harassment will be treated as a serious breach of the Church Educational System Honor Code, subjecting the individual making the false accusations to appropriate disciplinary measures.

INVESTIGATION PROCESS

FACULTY MEMBERS AND ADMINISTRATIVE/STAFF/STUDENT EMPLOYEES AND CAMPUS VISITORS

An adequate, reliable and impartial investigation will be undertaken in a prompt and equitable manner by the Equal Opportunity Manager and appropriate line management upon notification of alleged unlawful gender discrimination, unlawful sexual harassment or of inappropriate gender-based behavior involving a faculty member or administrative/staff/student employee or a campus visitor as the alleged perpetrator. If the alleged perpetrator is a student employed by the university and the alleged act occurred in the workplace, the investigation will be coordinated between the Equal Opportunity Office and the Honor Code Office.

Due to the sensitive nature of such allegations and the potential for irreparable damage to a person's reputation, all charges will be investigated as confidentially as reasonably possible. The participants will be required to keep the allegations and proceedings confidential, and to provide information only to those who have a legitimate need to know. The university will, in good faith, attempt to conclude the investigation within sixty (60) days of receiving the complaint. If, due to the complexity of the case or other mitigating facts and circumstances, the investigation cannot be concluded within the sixty (60) day period, the accused and the aggrieved will be provided with notice of a specific time frame for concluding the investigation and a schedule for providing the aggrieved and the accused with periodic reports regarding the status of the investigation. Both the accused and the aggrieved will be given notice of the outcome of the investigation.

Complaining parties will be asked to swear or affirm that the facts stated in their complaint are true. A person who files a false charge may be subject to university sanctions and discipline.

STUDENTS

When the alleged perpetrator is a student whose alleged misconduct is not related to employment, the investigation will be handled through the Honor Code Office according to the same general investigation principles applicable to university personnel and third parties.

PROCEDURES FOR THE AGGRIEVED AND THE ACCUSED

FACULTY MEMBERS, ADMINISTRATIVE/STAFF/STUDENT EMPLOYEES AND CAMPUS VISITS

The resolution of complaints of unlawful gender discrimination, unlawful sexual harassment or of inappropriate gender-based behavior which require action beyond simple counseling by line management (see Procedure for Reporting-Faculty Members and Administrative/Staff/Student Employees) may be sought through either an informal or formal grievance procedure. The grievance procedure will be coordinated by the Equal Opportunity Manager.

Informal Procedure:

The informal procedure will be initiated through the immediate line management unless that person is involved in the alleged incident. In those cases the aggrieved may seek resolution through the next appropriate person in order of line management who will coordinate with the Equal Opportunity Manager or, alternatively, the aggrieved may report directly to the Equal Opportunity Manager. The objective of the informal grievance is to resolve the complaint to the satisfaction of the aggrieved and the accused quickly and confidentially. The aggrieved is encouraged, but is not required, to use the informal procedure to resolve the complaint prior to initiating a formal procedure and may end the informal process and begin the formal process at any time.

Formal Procedure:

The formal procedure is initiated beginning with a written statement of the incident to be delivered to the Equal Opportunity Manager who will coordinate an investigation and attempt a resolution of the complaint in cooperation with the dean or appropriate divisional administrator. If either party remains unsatisfied with the resolution, that person may request a review before the Assistant Administrative Vice President-Human Resource Services or the Associate Academic Vice President-Faculty as determined appropriate by the university. The hearing will be conducted in a fair, prompt and equitable manner according to procedures adopted by the hearing examiner. The hearing examiner should consult with the office of General Counsel to establish appropriate procedures given the facts and circumstances of any particular case. In any event, both the aggrieved and the accused shall be given fair opportunity to access relevant information and material in a timely manner prior to the hearing and shall have the further reasonable opportunity to present witnesses and evidence at the hearing, and to be represented at the hearing by legal counsel or other representative of their choice and at their expense. An appeal may be made to the Human Resources Committee if the grievance remains unresolved.

In order to initiate the formal grievance procedure, the complainant must notify the Equal Opportunity Manager of the alleged incident within 180 calendar days of the occurrence of the incident. The university will, in good faith, attempt to conclude a formal procedure within 120 days of receipt of the written statement of complaint. If, due to the complexity of the case or other mitigating circumstances, the formal procedure cannot be concluded within this 120 day period, the accused and the aggrieved will be provided with notice of a specific time frame for concluding the procedure.

STUDENTS

Complaints of unlawful gender discrimination, of unlawful sexual assault or of inappropriate gender-based behavior in which the alleged perpetrator is a student, not acting in the capacity of a University employee, will be resolved according to established Student Life policies and procedures designed to deal with Church Educational System Honor Code violations, provided, however, that at the hearing level the accused and the aggrieved shall, in addition to the procedural and substantive rights established in the Honor Code Administrative Review Process, also be given the right to be represented by legal counsel of their choice and at their expense for the purpose of advocating their interests. If either the alleged perpetrator or alleged victim is aggrieved by a decision of the Honor Code Office with respect to an alleged violation of this policy, he/she may appeal the decision through the regularly established Honor Code Office appeals processes.

SANCTIONS

Any violation of the Unlawful Gender Discrimination, Unlawful Sexual Harassment and Inappropriate Gender-Based Behavior Policies by faculty members, administrative/staff employees, campus visitors or students may result in termination from employment and/or immediate suspension, dismissal, being physically banned from the campus and/or such other penalties, sanctions and impositions as may be appropriate and available to the University. In addition to any individual sanctions levied, BYU will take the reasonable and necessary steps to correct the discriminatory effects on the aggrieved and on others, as appropriate, and to prevent the recurrence of the actions leading to the complaint.

VICTIM'S RIGHTS

A victim of unlawful sexual harassment has the right to initiate a grievance procedure against the university to be determined by fair procedures to be established by the university if based on the substantiated allegations that (a) the complainant has been a victim of sexual harassment by a member of the university community and that (b) the university has failed to take timely and effective action to remedy the matter.

External remedies may also be available to the victim under Title VII of the Civil Rights Act of 1964 and/or Title IX of the Educational Amendments of 1972. Moreover, victims are encouraged to report cases involving possible criminal misconduct to the appropriate law enforcement agencies.

Retaliation against an individual who has filed a complaint of unlawful sexual harassment will be considered a separate violation of policy and the retaliating person may be subject to sanction, including termination, suspension, dismissal and/or being banned from campus depending upon the circumstances and severity of the retaliation. Encouraging others to retaliate also violates this policy.

Updated by the HRS Web Team, Brigham Young University, Provo, UT 84602 - Copyright 2008. All Rights Reserved.