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Sexual Harassment

Statement of Policy

All forms of sexual harassment, including sexual assault, dating violence, domestic violence, and stalking are contrary to the teachings of The Church of Jesus Christ of Latter-day Saints and the Church Educational System Honor Code. Sexual harassment in all forms is prohibited under this policy.

Violations of this policy may result in limitations to a person’s ability to participate in or receive benefits, services, or opportunities from BYU-Pathway and may result in sanctions for students enrolled in online degree courses from BYU-Idaho or Ensign College. The policy against sexual harassment is applicable to all employees, contracted individuals or partners, volunteers, and students.

REPORTING

Any student experiencing sexual harassment in the course of programs or activities supported by BYU-Pathway may submit a sexual harassment complaint online through the BYU-Pathway Sexual Misconduct Reporting Form. BYU-Pathway has actual knowledge of alleged sexual harassment only when it receives a sexual harassment report through the form. Students enrolled in online degree courses from BYU-Idaho or Ensign College may also report complaints of sexual harassment directly to the Title IX Office at their respective institutions.

Reports of sexual harassment should be made as soon as possible. Reports may be made at any time, including during non-business hours. Supportive measures are available regardless of when a report is made.

INSTITUTION-SPECIFIC POLICIES AND PROCEDURES

BYU-Pathway responds to sexual harassment complaints or reports based on the institution in which the student is enrolled at the time of the complaint or incident, as follows:

  • Students enrolled in BYU–Idaho and Ensign College OnlineDegree Courses

  • Students enrolled in PathwayConnect, EnglishConnect, and Religion (Institute) Courses

A. Students Enrolled in BYU–Idaho and Ensign College Online Degree Courses

BYU-Pathway refers sexual harassment complaints from students enrolled in BYU–Idaho and Ensign College online degree courses to the institution in which the student is enrolled. The institution responds to the complaint or requests that BYU-Pathway respond to the complaint. The Sexual Harassment Policies and Sexual Harassment Grievance Procedures of the institution in which the student is enrolled govern the response. The Sexual Harassment Policies and Grievance Procedures for BYU–Idaho and Ensign College can be found at the links below.

BYU–Idaho

Ensign College

B. Students Enrolled in PathwayConnect, EnglishConnect, and Religion (Institute) Courses

BYU-Pathway addresses and resolves sexual harassment complaints involving students enrolled in PathwayConnect, EnglishConnect, and religion courses as follows:

  1. Definitions. The following definitions are provided for explanation and clarification:

    • Complainant means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.

    • Consent is the affirmative, voluntary agreement by word or action to engage in specific sexual activity.

      • Consent to any sexual act or prior consensual activity between or with any party does not necessarily constitute consent to any other sexual act. Consent may be initially given but may be withdrawn through words or conduct at any time prior to or during sexual activity.

      • An individual who is asleep, or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, or who was under duress, threat, coercion, or force, or was otherwise incapable of consenting under applicable law, would not be able to consent.

    • Dating Violence means violence 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 will be determined based on consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the people involved in the relationship.

    • Domestic Violence means a violent act committed on the basis of sex by 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.

    • Education Program or Activity means all an institution's operations, education programs or activities. It includes all events, or circumstances over which the institution exercised substantial control over both the Respondent and the context in which the Sexual Harassment occurred.

    • Formal Grievance means a submitted form filed by a Complainant requesting that the Sexual Harassment allegation is investigated.

    • Respondent means an individual who is alleged to be the perpetrator of conduct that could constitute Sexual Harassment.

    • Sexual Assault means any sexual act directed against the Complainant without the Complainant’s Consent. Sexual Assault includes fondling, incest, rape, sexual assault with an object, sodomy, and statutory rape.

    • Sexual Harassment means conduct based on sex that satisfies one or more of the following:

      • A BYU-Pathway employee or faculty member, or any contracted agent conditions the provision of an aid, benefit, or service of an individual’s participation in unwelcome sexual conduct;

      • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity;

      • Sexual Assault, Dating Violence, Domestic Violence, or Stalking.

    • Sexual Violence means Sexual Assault, Dating Violence, Domestic Violence, or Stalking.

    • 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.

    • Supportive Measures means non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to a Complainant or a Respondent before or after the filing of a Formal Grievance or where no Formal Grievance has been filed. Supportive Measures are measures designed to restore or preserve equal access to BYU-Pathway's Education Programs or Activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the institution's educational environment, or deter Sexual Harassment. Supportive Measures may include extensions of deadlines or other course-related adjustments, mutual restrictions on contact between the parties, changes in gathering locations, changes of course sections, and other similar measures.

2. Institutional Response to Sexual Harassment Reports

BYU-Pathway responds to reports of sexual harassment in PathwayConnect, EnglishConnect, and religion courses as follows:

  • As part of BYU-Pathway’s response to any report of Sexual Harassment, Student Wellness will promptly contact the Complainant to discuss and provide written notice of the availability of Supportive Measures. BYU-Pathway strongly encourages the reporting of all incidents of Sexual Harassment so that Supportive Measures can be offered to Complainants and Sexual Harassment can be prevented and addressed.

  • BYU-Pathway will keep confidential the identity of any individual who has made a report or filed a Formal Complaint of Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of Sexual Harassment, any Respondent, and any witness; except as required by law, as necessary to carry out this policy, or as may be permitted by the Confidentiality of Student Records and FERPA policy.

  • Anyone, including a complainant, who reports an incident of sexual harassment will not be disciplined by BYU-Pathway for any related honor code violation arising out of the same facts or circumstances as the report unless a person’s health or safety is at risk.

  • Anyone who is found to have committed Sexual Harassment is subject to discipline.

  • Making a materially false statement in bad faith during a grievance proceeding is grounds for discipline.

3. Training

BYU-Pathway is committed to educating employees, missionaries and students on Sexual Harassment prevention and response. All supervisors are responsible for ensuring that personnel within their areas of stewardship are properly trained in their obligations under this policy and applicable laws.

4. Disclosing Relationships

To avoid the possibility or appearance of Sexual Harassment, personnel and students should avoid dating, romantic, or amorous relationships where a power differential exists. Examples of these relationships include but are not limited to: a professor or teaching assistant involved in a relationship with his or her student, or a supervisor involved in a relationship with a subordinate employee. If such a relationship exists and both parties want to continue the relationship, the supervisor(s) of both parties must be informed of the relationship, must document the disclosure of the relationship, and must confirm with each of the parties independently that the relationship is voluntary and not unwelcome to either party. However; as a general rule, dating, romantic, or amorous relationships should not be entered into nor continued while one individual in the relationship has the power to either reward or penalize the other in work or in school.

APPROVER
System Exchange Team Executive Group (SETEG)

APPROVAL DATE
2025.05.30

POLICY STEWARD
Dean of Students

EXECUTIVE SPONSOR
Vice President of Student Success and College Legal Counsels

APPLICABILITY
This policy applies to all students served by BYU-Pathway Worldwide.

RELATED POLICIES, FORMS, OR INFORMATION

LAST REVIEWED
3 April 2025

NEXT REVIEW DATE