Sexual Misconduct Policy

Category: Harassment Policies School: Brigham Young University Statement Rating: Not yet rated Last updated: June 25, 2018

Relevant excerpt

Sexual harassment is unwelcome and unwanted conduct of a sexual nature, whether verbal, nonverbal, or physical, and can include unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature. Conduct is unwelcome and unwanted if the individual toward whom it is directed did not request or invite it and regarded the conduct as undesirable or offensive. A wide variety of sexual conduct may constitute sexual harassment, including, but not limited to, the following:

  • Sexually suggestive or sexually offensive joking, flirting, or comments
  • Unwelcome and intentional touching
  • Sexually oriented verbal abuse or threats
  • Sexually oriented comments about an individual’s body
  • Displaying objects or pictures that are sexual in nature
  • Sending sexually explicit or offensive communications (e.g., text messages, emails, social media messages or posts)
  • Sexual exploitation
  • Voyeurism

Sexual harassment of any kind is contrary to the teachings of The Church of Jesus Christ of Latter-day Saints and the Church Educational System Honor Code. It is also prohibited by Title VII of the Civil Rights Act of 1964 (prohibiting unlawful discrimination, including sex discrimination, in employment) when it affects the conditions of employment, and Title IX of the Educational Amendments of 1972 (prohibiting sex discrimination in federally-funded education programs and activities) when it affects the educational environment. Sexual harassment generally falls within one of the two following categories: … Hostile environment sexual harassment—when the unwelcome and unwanted sexual conduct is so severe or pervasive that it alters the conditions of an employee’s employment and creates a hostile, intimidating, or abusive working or educational environment or it denies or limits a student’s or employee’s ability to participate in or benefit from the university’s programs or activities.

Unwelcome sexual conduct that is mildly offensive and isolated, incidental, or sporadic does not rise to the level of unlawful sexual harassment under Title IX or Title VII, even though it may still be considered sexual harassment in violation of this policy and the Church Educational System Honor Code.

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