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At BYU, reporting a rape comes at a cost

 
Protesters at the gates of BYU in Provo call for protection of rape victims.
Protesters at the gates of BYU in Provo call for protection of rape victims.
Published April 28, 2016

Before she could move into a dormitory at Brigham Young University or sign up for freshman classes, Brooke had to sign the college's Honor Code.

Part moral compass and part contract, the Honor Code is a cornerstone of life for the nearly 30,000 students at Brigham Young, a Mormon-run university. It points students, faculty and staff members toward "moral virtues encompassed in the gospel of Jesus Christ," prizing chastity, honesty and virtue. It requires modest dress on campus, discourages consensual sex outside of marriage and, among other things, prohibits drinking, drug use, same-sex intimacy and indecency, as well as sexual misconduct.

But after Brooke, 20, told the university that a fellow student had raped her at his apartment in February 2014, she said the Honor Code became a tool to punish her. She had taken LSD that night, and told the university about an earlier sexual encounter with the same student that she said had been coerced. Four months after reporting the assault, she received a letter from the associate dean of students.

"You are being suspended from Brigham Young University because of your violation of the Honor Code including continued illegal drug use and consensual sex, effective immediately," the letter read.

In the past few weeks, Brooke and a handful of other female students have come forward, first at a rape-awareness conference and then in the Salt Lake Tribune, to say that after they made complaints of sexual abuse they had faced Honor Code investigations into whether they drank alcohol, took drugs or had consensual sex.

"They treated me in such an un-Christlike way, like I was some sinner," said Brooke, who agreed to be identified by her first name. "There was no forgiveness and mercy."

Their accounts have brought a national debate over colleges' disparate treatment of women who have reported sexual assaults crashing onto this faith-driven campus, where Mormon students gather from around the globe. The women's complaints have focused attention on how the university deals with such cases as it also seeks to uphold a moral code that lies at the heart of its identity.

Brigham Young's policy on sexual misconduct urges students to come forward even if they have broken university policies. The university says it investigates sexual assault complaints fully, but it also has an obligation to pursue misconduct under the Honor Code. According to the sexual misconduct policy, violations of its code discouraging consensual sex are not exempt from scrutiny.

"Brigham Young University cares deeply about the safety of our students," Carri Jenkins, a university spokeswoman, wrote in an email. "When a student reports a sexual assault, our primary focus is on the well-being of the victim."

Sometimes, though, "facts come to light that a victim has engaged in prior Honor Code violations," she said.

In the wake of the students' complaints, the university announced last week it would review how it handled reports of sexual assaults.

The university said it could not discuss specific cases, citing federal privacy laws. Brooke said the university had told her it was investigating her claim of sexual assault, but she left the university after her suspension. She said she had not pressed criminal charges, though she had been interviewed by the police after fleeing the scene, according to a police report.

Some experts in law and gender issues on college campuses said Brigham Young's approach was troubling. The cases set off a torrent of online criticism, as well as a protest on campus this month.

The experts said the fear of being investigated, suspended or losing a scholarship could keep students from reporting sexual assaults to the university, potentially letting perpetrators escape campus discipline.

Many other colleges, secular and religious, have "amnesty clauses" that protect victims who might worry about getting in trouble for infractions surrounding their attack, like taking drugs or drinking in a dorm room. Last year, Maryland passed a law protecting students who report or witness sexual assaults from being cited for violating drug and alcohol rules.