On April 7, at a Rape Awareness event on the BYU campus, it was revealed that women who report having been sexually assaulted may be reported to the Honor Code office. Turns out this wasn’t hypothetical. A nineteen-year old student from California had been raped, and had been contacted by a representative from the Honor Code office about a possible violation. A sheriff’s deputy had inappropriately given a copy of the case file to university officials. The young woman had refused to cooperate with the subsequent University investigation, and had been blocked from registering for classes. As a result, she was considering returning home to California. Utah County prosecutors have expressed their frustration over the case, because her absence from Provo might complicate their investigation into the alleged attack.
Of course, BYU does not regard being raped as a violation of the Honor Code. The point of an Honor Code investigation is to discover ancillary HC violations. Was she out past curfew? Was she alone with a man in her apartment? That kind of thing. However, it seems obvious that pursuing that kind of investigation could have a chilling effect on women reporting an assault. If a woman is raped, and knows that reporting that rape might result in university disciplinary action, she’s going to be less likely to report it. I don’t doubt that ‘fewer women reporting being attacked’ is an unintended consequence of this policy. It’s still a consequence.
And it seems just as obvious that this policy would really only apply to sexual attacks. If a woman is raped, she is the victim of a violent crime. Let’s suppose that a man was violently attacked. Let’s suppose that someone beat him up, for example. Would the Honor Code office get involved? Would they ask if he’d been somewhere he wasn’t supposed to be, dressed inappropriately? In general, we would say that any victim of any violent crime should be encouraged to report that crime, and we would hope that the police would investigate the crime, with an eye to arresting its perpetrator. And in all such instances, if the victim of the crime was a BYU student, there’s really no appropriate role for the Honor Code office.
And so, ever since we learned of this policy, there’s been a lot of outrage about it. I share that outrage. 30,000 people have signed a petition asking BYU to ‘stop punishing victims of sexual assault.’ I agree with the goals of that petition. BYU seems to be straining at the gnat of minor HC violations, while swallowing the camel of serious violent crimes. I also think it’s very unlikely that those policies will change. This is, after all, BYU we’re talking about.
Let me clarify. I taught at BYU for over twenty years. They were joyful years. I loved the students I was able to teach, loved the colleagues I worked with, loved experiences I had there. I also found BYU administrators could be, at times, difficult to work with. I rather suspect that faculty across the country would say the same about the university administrations at their schools. BYU administrators don’t like being challenged.
As a faculty member, I was particularly troubled by the dress and grooming standards of the Honor Code. As a male faculty member, it seemed to me that the language of the dress and grooming standard unnecessarily and inappropriately sexualized the young women in our classes and at the university. I was told, on occasion, that it was my responsibility as a faculty member, to ‘enforce’ those standards. This meant that I was to scrutinize the clothing choices of our students, to determine if clothing was ‘form-fitting’ or ‘revealing.’
I do not know, did not know, and never cared to know what any of that meant. Those terms strike me as quite subjective. And for me to determine if a young woman was wearing an outfit that was ‘revealing’ would require me, as a male faculty member, to view her as something beyond simply as a student.
I decided early on that I wouldn’t do it. I opted out. My informal interactions with colleagues suggest that pretty much everyone opted out. It was my job to teach. It was not any part of my job to judge how people chose to dress. Or how they cut their hair, or how many earrings they wore, or if they chose to express their individuality through tattoos. I wasn’t going to worry about any of it. I taught my classes, and I made myself available for office consultations, and I wrote letters of recommendation when asked, and I made lifelong friends. I never once turned anyone in for anything.
Except that’s not entirely true. I did turn students in to the Honor Code office, twice. Once, it was a student who openly, obviously and egregiously cheated on a paper. Plagiarized. And, when I asked him to meet with me about it, was so dismissive, so contemptuous, and so obnoxious about it I felt that I needed to do something about him. He was a kid with a problem and an attitude, and I thought the Honor Code office handled his situation with a mix of sensitivity and firmness that, in my mind, was kind of the Platonic ideal for dealing with rude and dishonest students. So that was one. The second time I turned someone in, it was a stalker situation. A student asked me what she should do; she didn’t want to call the cops, but she also wanted this guy to leave her alone. Again, the Honor Code office handled the situation well.
So it sounds like I’m defending the Honor Code office. In a way, I am. I only interacted with that office twice, and both experiences worked out well. I heard anecdotally of students whose interactions with the HCO were less positive. The operative verb would be ‘hassled.’ ‘I’m being hassled by the Honor Code folks.’ That’s a shame. I think monitoring whether students wear their hair too long, or their skirts too short is silly. I do think that it’s helpful to have an office you can turn to when students cheat on exams or harm other students.
The fact is, almost every university has a code of personal conduct to which students are expected to conform. And almost every university in the country struggles to deal with the national scourge of sexual assault. President Obama’s Task Force to Protect Students from Sexual Assault has listed 124 institutions under investigation for possible violations of federal law regarding sexual violence cases. This is an important national issue. BYU is not alone in sometimes handling it badly.
Without becoming a BYU apologist, I do think that this situation is complicated in ways that have not been recognized in the public discourse over it. I agree, of course, that preventing campus rape should be a goal towards which every university should strive. One way to accomplish that is it to remove all possible barriers discouraging victims of sexual violence to come forward. This BYU policy creates such a barrier. The policy really does, therefore, need to change.
But there are ways in which the Honor Code could also help solve the problem. Since the code already prohibits ‘obscene or indecent conduct or expressions,’ then grossly sexist expressions would also seem to be prohibited. ‘Red Pill’ or ‘Gamergate’ attitudes towards women are already incompatible with the standards of the Church. As, of course, is rape itself. There are surely more positive steps that BYU can take. Call me naive, but in my experience, the will to take them largely already exists.