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| Uproar over Brigham Young's 'honor code' investigation of rape victim | |
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| Students rallied outside Brigham Young University on Wednesday to protest the school’s treatment of sexual assault victims, calling for revisions to the Mormon university’s “honor code”, religious bylaws through which rape victims can be punished for having consumed alcohol or had a member of the opposite sex in a bedroom. | Students rallied outside Brigham Young University on Wednesday to protest the school’s treatment of sexual assault victims, calling for revisions to the Mormon university’s “honor code”, religious bylaws through which rape victims can be punished for having consumed alcohol or had a member of the opposite sex in a bedroom. |
| The protest comes after outrage over the rape case of sophomore Madi Barney, who reported to Provo, Utah, police that she was raped by a man in her off-campus apartment. A Utah County sheriff’s deputy, who was friends with the accused, sent Barney’s police case file to BYU and, two months after the attack, she was summoned to the honor code office. | |
| Barney went public with her case last week, and a petition she drafted demanding BYU grant victims of sexual assault immunity from honor code punishments has garnered 92,000 signatures. Barney and her supporters planned to deliver that petition to BYU president Kevin Worthen on Wednesday. | Barney went public with her case last week, and a petition she drafted demanding BYU grant victims of sexual assault immunity from honor code punishments has garnered 92,000 signatures. Barney and her supporters planned to deliver that petition to BYU president Kevin Worthen on Wednesday. |
| “We have received information that you have been a victim of behavior that is addressed in the university Sexual Misconduct Policy,” a BYU official wrote to her in December, according to the Salt Lake Tribune. “We have also received information that you have engaged in behavior that violates the BYU Honor Code. I would like to meet with you and provide you with the information that we have received and give you an opportunity to respond.” | “We have received information that you have been a victim of behavior that is addressed in the university Sexual Misconduct Policy,” a BYU official wrote to her in December, according to the Salt Lake Tribune. “We have also received information that you have engaged in behavior that violates the BYU Honor Code. I would like to meet with you and provide you with the information that we have received and give you an opportunity to respond.” |
| Under the counsel of her attorney, Barney declined to participate in the school hearing, claiming it would complicate her legal case. The university has since blocked her from registering for new classes, she told the Salt Lake Tribune. And when she tried to retroactively withdraw from two courses she struggled in due to frequent court appearances and other aspects of the investigation, Barney’s request was denied because, according to her account, administrators said they “can’t prove the rape occurred”. Barney did not respond to a message from the Guardian seeking comment. | Under the counsel of her attorney, Barney declined to participate in the school hearing, claiming it would complicate her legal case. The university has since blocked her from registering for new classes, she told the Salt Lake Tribune. And when she tried to retroactively withdraw from two courses she struggled in due to frequent court appearances and other aspects of the investigation, Barney’s request was denied because, according to her account, administrators said they “can’t prove the rape occurred”. Barney did not respond to a message from the Guardian seeking comment. |
| She has filed an official complaint to US Department of Education, according to the Tribune, saying BYU denied her services that under federal law should be available to sexual assault victims in accordance with Title IX, the gender equity rule that requires schools to address reports of sexual assault and harassment. The university claimed to be meeting Title IX compliance standards when it began investigating Barney’s case. | She has filed an official complaint to US Department of Education, according to the Tribune, saying BYU denied her services that under federal law should be available to sexual assault victims in accordance with Title IX, the gender equity rule that requires schools to address reports of sexual assault and harassment. The university claimed to be meeting Title IX compliance standards when it began investigating Barney’s case. |
| Related: Harvard and Princeton among 55 schools facing Title IX investigation | Related: Harvard and Princeton among 55 schools facing Title IX investigation |
| In a Facebook post announcing Wednesday’s protest, Barney noted that by reporting sex crimes, victims like her expose themselves to potential probation, suspension or even expulsion. “Nothing a survivor does makes rape or any sexual assault OK,” she wrote. “By investigating victims for violations of the honor code, BYU is revictimizing those who come forward and blaming them for what happened.” | In a Facebook post announcing Wednesday’s protest, Barney noted that by reporting sex crimes, victims like her expose themselves to potential probation, suspension or even expulsion. “Nothing a survivor does makes rape or any sexual assault OK,” she wrote. “By investigating victims for violations of the honor code, BYU is revictimizing those who come forward and blaming them for what happened.” |
| In a 2011 letter, the Department of Education warned universities about the “chilling effect” that disciplinary policies may have “on victims’ or other students’ reporting of sexual violence offenses”. | In a 2011 letter, the Department of Education warned universities about the “chilling effect” that disciplinary policies may have “on victims’ or other students’ reporting of sexual violence offenses”. |
| “Schools should be aware that victims or third parties may be deterred from reporting incidents if alcohol, drugs, or other violations of school or campus rules were involved.” | “Schools should be aware that victims or third parties may be deterred from reporting incidents if alcohol, drugs, or other violations of school or campus rules were involved.” |
| In response to the uproar Barney’s case has inspired, Worthen issued a statement on Monday promising to “study” the relationship between its Title IX office and honor code office. | In response to the uproar Barney’s case has inspired, Worthen issued a statement on Monday promising to “study” the relationship between its Title IX office and honor code office. |
| “Sometimes in the course of an investigation, facts come to light that a victim has engaged in prior Honor Code violations. The university recognizes the inherent tension, in some circumstances, in these two important parts of BYU’s efforts to create and maintain an atmosphere consistent with the ideals and principles of the Church,” the statement read. “In all Honor Code proceedings, the university strives for fairness, sensitivity and compassion, taking into account all mitigating facts and circumstances.” | “Sometimes in the course of an investigation, facts come to light that a victim has engaged in prior Honor Code violations. The university recognizes the inherent tension, in some circumstances, in these two important parts of BYU’s efforts to create and maintain an atmosphere consistent with the ideals and principles of the Church,” the statement read. “In all Honor Code proceedings, the university strives for fairness, sensitivity and compassion, taking into account all mitigating facts and circumstances.” |