If you are victim of domestic violence, sexual assault,dating violence,or stalking – whether the offense occurred on or off campus, there are resources available to help you.

REMEMBERBYU-Hawaii is committed to maintaining a positive learning, working and living environment and does not tolerate acts of sexual harassment, sexual violence, or related retaliation against or by any employee or student which is clearly contrary to our Honor Code. When sexual harassment or sexual violence has occurred and is brought to the attention of the Title IX Coordinator, the Coordinator will take steps to end the harassment or violence, prevent its reoccurrence, and address its effects.

Title IX: As defined by the University’s processes, the person making the allegations is referred to as the Complainant. The person who the allegations have been made against is referred to as the Respondent. A complainant who wishes to report sexual harassment, sexual violence or other gender-based harassment may report the incident directly to the Title IX Coordinator, Office of Honor, Human Resources, Security, or law enforcement—Honolulu Police Department—regardless of whether the incident happened on or off campus. A complainant may pursue both the University grievance process and a criminal process simultaneously.

CONTACTING LAW ENFORCEMENTIf a complainant desires to make a criminal complaint, the Title IX Coordinator will assist with contacting local law enforcement to report the incident. In addition, students may file a Title IX complaint with the Office of Civil Rights of the U.S. Department of Education.

PROTECTION ORDERS

Law enforcement can help you with court mandated orders of protection, “no-contact” orders, and restraining orders. The organizations listed under “Advocacy and Legal Services” can inform complainants of the different orders of protection available and can assist victims with obtaining court orders.

WHO HANDLES THE CASE?The identity of the respondent determines which of the deputy coordinators handles the case. When the respondent is a student at the time of the incident, the assigned deputy coordinator utilizes the student conduct process for investigating cases whether they occur on or off campus. Cases in which the respondent is an employee are handled by a Title IX deputy coordinator familiar with employment processes as well as Title IX processes.

COURSES OF ACTION:The Title IX deputy coordinators will review the allegations and determine an appropriate course of action. Some cases can be handled informally, although the University will not mediate cases of sexual violence. Cases determined to require an investigation are conducted by individuals who understand BYU-Hawaii’s Nondiscrimination, Equal Opportunity, Sexual Harassment, Sexual Misconduct Policy and receive annual training on the issues related to sexual harassment, sexual misconduct, sexual violence, domestic violence, dating violence, and stalking. All investigations and resolutions will be prompt, fair, and impartial.

INVESTIGATION PROCESSThe process for resolving these allegations can be found online attitleix.byuh.edu. Most Title IX investigations take up to 60 days to be resolved, depending on the

complexity of the case and the number of parties involved.

CONFIDENTIALITY AND PARTICIPATIONWhen the

University becomes aware of sexual violence, the University may have an obligation to proceed with an investigation in order to ensure campus safety. You are not required to participate if you choose not to; however, this may limit the University’s ability to respond to the incident. If you request that your name or other identifying information not be used in an investigation, the University will consider your request in light of the context of its responsibility to provide a safe and nondiscriminatory environment. In most cases, information including your name may be shared with the respondent, witnesses and with University officials who have a legitimate need to know. Beyond that, the University will take steps to protect your identity and the identity of all individuals involved.

If the university is required to make records publicly available, any personally-identifying information about you will be excluded to the extent that the law allows. Federal law requires the university to publicly disclose statistics about reported incidents of dating violence, domestic violence, sexual assault, and stalking; however, no personally-identifiable information is published for purposes of such reporting.

INVESTIGATIONPROCEDURES:Both you and the respondent will have the same opportunities to present evidence and have an advisor present during interviews or meetings, however, advisors may not speak unless invited by the university representative leading the process. The complainant and respondent will not be permitted to directly question each other and are not required to be present together at any point. Both the complainant and the respondent have the right to identify witnesses and provide other information relevant to the investigation. The University will decide the case based on the preponderance of evidence standard (whether it is more likely than not that the alleged conduct occurred). Both parties will be simultaneously informed in writing of the outcome of the disciplinary proceeding, the appeal procedures, changes to results, and when such results become final.

INTERIM STEPSThe University will take interim steps to protect a complainant while the case is pending. Depending on the case and the complainant’s wishes, these steps may include class schedule changes, academic support, on-campus housing moves, counseling, ordering a respondent to not have contact with you, providing an escort to accompany you to and on campus, work schedule changes, or other actions deemed appropriate. You may request interim measures by speaking with the Investigator or the Title IX Coordinator. If requested and reasonably available, interim measures will be provided to you whether or not you choose to report the crime to law enforcement. The nature of any interim measures you receive will be kept confidential to the extent reasonably possible.

PROTECTIVE MEASURES AND SANCTIONSAfter a Title IX investigation is completed and a final determination is made, BYU-Hawaii may take steps to protect complainants by making interim measures permanent, offering remedies and accommodations, implementing changes in programs or activities, or providing training for the campus community, specific groups, or individuals. The university may also impose sanctions on the respondent. Sanctions that may be imposed by the university include: Retain Record, Counsel and Education, Warning, Probation, Suspension Withheld, Short-term Suspension, Suspension, Dismissal, Part or Full-ban from campus and Reassignment to Another Position, Reduction in Pay, Demotion, or Termination of Employment. The university may use any combination of the above sanctions to discipline an individual. Discipline will depend on the circumstances and the severity of the violation.

RETALIATIONBYU-Hawaii prohibits retaliation against any employee or student who reports an incident of alleged sexual harassment or sexual violence, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to these allegations. Respondents are informed of this provision, and any retaliation should be reported immediately to the appropriate Title IX Deputy Coordinator.

MANDATORY REPORTERSAny University employee with supervisory authority on campus must refer reports of sexual harassment, sexual violence, or other gender-based harassment to the Title IX Coordinator.

*CONFIDENTIAL REPORTERSThe only exception to the obligation to report applies to Counseling Services, your Bishop, and Health Services

UNIVERSITY REPORTERS

 Title IX Coordinator

(808) 675-4819

Lorenzo Snow Building

 Office of Honor

(808) 675-3493

Aloha Center

 Human Resources

(808) 675-3713

Lorenzo Snow Building

*BYUH Health Services

(808) 675-3510

*Counseling Services

(808) 675-3518

 BYUH Security

(808) 675-3911

ON-CAMPUS RESOURCES

•Counseling Services

Mckay Room 181 8am-5pm

(Call Security after hours to get hold of the on-call counselor)

•International Student Services

(808) 675-3516

•Financial Aid

(808) 675-3316

OFF-CAMPUS RESOURCES

 Sex Abuse Treatment Center Honolulu

(808) 524-7273

•The National Domestic Violence Hotline 1-800-799-7233

•RAINN (Rape Abuse & Incest National Network)

24-Hour Crisis Line: 1-800-656-HOPE (4673)

 Kahuku Medical Center

(808) 293-9221

56-117 Pualalea Street

Kahuku, HI 96731-2052

 U.S Equal Employment Opportunity Commission (EEOC) Honolulu Local Office:

(866)408-8075 or

Kahuku Police Department

(808) 293-8565 or 911

ADVOCACY AND LEGAL SERVICES

 Domestic Violence Action Center provides legal information and representation to victims of sexual, domestic, and dating violence.

(808) 531-3771

Hawai’i State Judiciary Adult Client Victim Services: Provides services to assist victims and their families as they proceed through the criminal justice system.

(808)538-5687

Department of Prosecuting Attorney

City and County of Honolulu

Victim/Witness Assistance Division

(808) 547-7400 or (808) 547-7401

(808) 547-7515 (Fax)

MORE INFORMATION

For a thorough explanation of the University processes, please see our websites at titleix.byuh.edu or contact a Title IX Coordinator, 675-4819 or .