Ensure that the Title IX Office does not share information with the Honor Code Office except in the
following circumstance: When a BYU student respondent accused in a sexual-assault case is found
responsible for violating BYU’s Sexual Misconduct Policy, the Title IX Office may share information
about that student respondent with the Honor Code Office for the limited purpose of allowing it to
determine disciplinary action; in such cases, the Title IX Office will redact the names of complainants,
victims, and witnesses from all information before the information is shared.
In addition to the structural and physical separation of the Title IX and Honor Code Offices suggested
in the first section of this report, we recommend no overlap in functional operation and complete separation
of databases and operations, including confidentiality of all information gathered through the
Title IX investigation process.
When a Title IX investigation is complete, and if the respondent is a student and the preponderance
of evidence suggests that the respondent has violated the Sexual Misconduct Policy, we propose that
the Title IX Office provide information to the Honor Code Office regarding the respondent only; the
name(s) of the complainant and/or victim as well as witnesses would be redacted from all documentation.
When the resolution has been determined, the Honor Code Office would provide the information
to the Title IX Office which would then communicate the decision and appeal steps to the complainant
and/or victim. The Honor Code Office would communicate the outcome to the respondent. If the
Report of the Advisory Council on Campus Response to Sexual Assault 7 October 2016
BRIGHAM YOUNG UNIVERSITY
24
respondent appeals and information is required from the complainant and/or victim, that communication
would again come from the Honor Code Office to the Title IX Office and then to the complainant
and/or victim. In this way, the name(s) of the complainant and/or victim would never be communicated
outside of the Title IX Office without consent.
In some instances, a complainant may want information about a sexual misconduct case under the
domain of the Title IX program to be shared with the Honor Code Office. This sharing of information
about the complainant would only occur if instigated by the complainant and a written request from the
complainant was received by the Title IX Office.