Since January, 2016, there have been a few high-profile cases of sexual assault at LDS-run Brigham Young University (BYU). The Salt Lake Tribune has reported on these cases fairly comprehensively. (There have been more Tribune articles, though I think these ones are a good representation. Feel free to look for more.) The reason these cases have been high-profile is that they have all been mishandled (from my perspective) by local congregational leaders, BYU administrators, and government officials. I won't retell any specific stories here. Instead, I'll point out ways that the process stops protecting the BYU public, starts blaming assault survivors and protects rapists.
To be fair, I am a BYU graduate. For the most part, I enjoyed my experience there. I got a high quality education, and I built relationships with people who are very important to me. I always felt safe, and thought I could get help easily if something was dangerous. That may have something to do with the fact that I was a young white Mormon man, though, as I see now that Privilege was practically my middle name. Those are questions for another time, though... for now I want to focus on breakdowns that left others vulnerable or hurt.
Title IX (I'll call it TIX) is a US federal law establishing a system to prevent discrimination in education based on protected factors like race, religion, and sex, among others. Colleges (including BYU) have TIX offices, with trained investigators who report and resolve cases of discrimination. Student reports to TIX officers are confidential. So it's hardly surprising that there was an uproar when BYU's TIX office was found to have shared info about a case with the school's Honor Code Office (HCO).
Many schools have codes of conduct these days. They're reasonable measures to promote public safety and academic integrity. BYU's honor code is much more strict than most. It covers academic integrity/plagiarism and criminal activity, like most codes. It also enforces behavioral standards embraced by Mormons, meaning no drugs, coffee, alcohol, or tobacco; no sexual activity (including porn consumption) outside of marriage; no acting on romantic, physical, or sexual impulses in gay or lesbian relationships; and a very strict dress code to keep everyone "modest" and "well groomed," which really means covered up and clean shaven. HCO and other BYU staff are often seen as very, very strict in the way they enforce the rules. There's also something of a tattle-tale culture, with students and even visitors shaming or reporting their peers for debatable "violations." If you know someone else who attended BYU, ask for their thoughts on HCO enforcement. There's a decent chance they've been investigated and they knew about it. I have my opinions about the BYU honor code. If they're not obvious yet, I'm willing to share them in a different setting. Regardless, BYU students promise to live by the rules while they're at school, so critiquing the honor code is beside the point right now.
In recently reported cases, sexual assault survivors made TIX claims. After all, sexual assault is a form of discrimination based on sex or sexual orientation. And like I mentioned, TIX officers shared information with Honor Code administrators. In at least one case, the information reached the HCO through a police officer involved in the case who decided the survivor "wants to screw up [the suspect's] life" with "bull crap" accusations (real quotes from the officer involved). In all of the reported cases, the survivors were then punished for violating dress code, drinking, breaking curfew, or sexual activity outside of marriage. Sometimes that extramarital sex refers to a past encounter that comes to light. Sometimes it's about the assault itself. Yes, you read that right: the HCO historically has referred to being raped as "sexual activity." In some of these cases, it is well-documented that the survivor said no and physically resisted sexual contact during the assault. And they were still punished. This makes it seem that BYU leadership is more concerned about punishing young people for... um... well, whatever reason they can find... than about promoting public safety.
BYU has student congregations, called wards, set up so Mormon students can worship with their neighbors (oh yeah, the Honor Code also requires regular participation in religious services and an endorsement from a religious leader). Each ward has a middle-aged or older adult volunteer pastor, called the bishop, assigned by higher-ups in the church. Student ward bishops are almost always locals--it would be impractical to ask someone who lives in, say, Virginia to leave behind his career and family to get involved in the spiritual life of 100 or so twenty-somethings in Utah.
I believe these bishops are mostly honest people who care deeply about their wards. I also know that they have very little training in the intersection of religion, counseling, and the law. Three of my bishops at BYU were businessmen or salesmen, and one was a professor. I look up to all of them personally as honest, moral people. And I recognize that their background does not include that kind of preparation.
Some LDS bishops at BYU are amazing. They're warm, genuine people who know when something is outside of their training. They know when to involve experts like law enforcement, therapists, or others. They know how to protect the very sensitive information that their young, vulnerable parishioners share with them.
Despite their best intentions, some LDS bishops sometimes work against the best interests of their ward members.
In some of the high profile cases of sexual assault at BYU, the survivors turned to their bishops, focusing on the spiritual aspects of their trauma and recovery. In these cases, the bishops have reported to the honor code office or have demanded that the survivors report. And the results have been just like when Title IX reported--survivors got punished and blamed for being raped. On top of that, some Mormon bishops have been known to look the other way instead of turning abusers in to the police--they say that he (rapists are usually he's) needs forgiveness instead of correction, or that reporting would keep him from participating fully and receiving all of God's blessings but he's really a good man who just had a moment of weakness.
Something else that I find particularly scary about all of this: it gives rapists a weapon that they can use to keep their victims quiet. They can threaten to give the honor code office an anonymous--not self-incriminating--report that their victim was drinking, or breaking curfew, or wearing clothes that are not approved, if anyone starts asking about the assault. That kind of anonymous report could well lead to expulsion or other disciplinary action. It is all but guaranteed to lead to humiliation, shame and trauma experienced all over again. No way it doesn't bring up intense anxiety about the safety of reporting.
As if the rest of the reporting process was safer...
Something else that I find particularly scary about all of this: it gives rapists a weapon that they can use to keep their victims quiet. They can threaten to give the honor code office an anonymous--not self-incriminating--report that their victim was drinking, or breaking curfew, or wearing clothes that are not approved, if anyone starts asking about the assault. That kind of anonymous report could well lead to expulsion or other disciplinary action. It is all but guaranteed to lead to humiliation, shame and trauma experienced all over again. No way it doesn't bring up intense anxiety about the safety of reporting.
As if the rest of the reporting process was safer...
If you survived sexual assault or other abuse, remember that it's not your fault. You are not responsible for someone else's choice to commit a crime. Talk to someone. A counselor could be good for that, or someone else who has earned your trust.
If you are an LDS bishop, remember that sexual assault is a crime. Remember that people don't change unless changing feels better than staying the same. Criminal prosecution and prison time are a great way to motivate change. Also remember that the person who was attacked was not asking for it, no matter what they were wearing, or where they were standing, or who they were spending time with. They are not guilty of their own rape. They may be scared or angry or depressed when they come to you. Your job is not to condemn or punish, even if the church calls you a "judge in Israel." Your job is to comfort, protect, and mourn with the person who trusts you.
If you are an LDS bishop, remember that sexual assault is a crime. Remember that people don't change unless changing feels better than staying the same. Criminal prosecution and prison time are a great way to motivate change. Also remember that the person who was attacked was not asking for it, no matter what they were wearing, or where they were standing, or who they were spending time with. They are not guilty of their own rape. They may be scared or angry or depressed when they come to you. Your job is not to condemn or punish, even if the church calls you a "judge in Israel." Your job is to comfort, protect, and mourn with the person who trusts you.
Title IX officials, remember the trust that people have before you share information. Remember your legal and moral obligation to protect people and their information.
And BYU honor code officials, learn when to turn it off. Learn to treat people as people, instead of as potential offenders. If someone didn't consent to sex, then they didn't have sex--they were assaulted. Is it really worth making someone relive a traumatic experience just to make sure they're keeping up appearances?
Remember the story of Jesus and the woman taken in adultery? We assume she consented--we call it adultery and not rape--and thus was guilty according to the law. But Jesus says "neither do I condemn you." Where does it say that we should condemn the innocent victim?
So stay safe, BYU. I'm really sad to say that if you get assaulted there, it's likely to get a whole lot worse before it gets better.
So stay safe, BYU. I'm really sad to say that if you get assaulted there, it's likely to get a whole lot worse before it gets better.
