Sexual assault is undeniably a problem that plagues college campuses in the U.S., where stories of universities suppressing public reports of rape and related crimes in order to boost reputation and monetary gain are far too common. Now, it appears that the subject has reared its head at Brigham Young University - albeit in a new and shocking way.
Students at the Utah-based university, operated by the Church of Jesus Christ of Latter-day Saints, are accusing administrators of using its "Honor Code" against sexual assault victims.
This accusation comes from Madi Barney, 20, who says that she filed a Title IX complaint against BYU with the Department of Education on Monday, which alleges that she was placed on academic hold after it learned she reported an off-campus rape to the local police in September.
Being punished by the school for reporting a rape seems odd until one understands the circumstances behind it. As a Mormon school, attending students must follow an "Honor Code" that requires that they lead a "chaste and virtuous life," use "clean language" and abstain from alcohol and coffee, among other things. The key among this set of mandates? Premarital sex is not allowed.
This, unfortunately, leads to Barney's dilemma. After Utah County Sheriff Edwin Randolph, a former women's track coach at the school, passed the incident's police file on to the university, the school, in turn, launched an Honor Code investigation against Barney.
"We have received information that you have been a victim of behavior that is addressed in the university Sexual Misconduct Policy," a BYU Title IX coordinator wrote to Barney. "We have also received information that you have engaged in behavior that violates the BYU Honor Code."
Barney was advised to not participate in the investigation as it could impact the criminal case, and her decision to comply allegedly prompted the school to block her from registering and withdrawing from classes.
In the school's eyes, the issue has less to do with the fact that she was allegedly raped and more to do with the notion that the sex was premarital - even if it was nonconsensual and, by extension, illegal.
Adding insult to injury, the accused rapist, 39-year-old Nasir Seidu, has been charged with undressing her and partaking in sexual intercourse without Barney's consent. However, this means little for Barney, as simply being a victim of sexual assault makes her potentially culpable.
In light of this, Barney started a petition that calls on BYU to give immunity to sexual assault victims so they can come forward about their experiences without fear of the school launching a separate investigation into their own behavior.
The school issued a statement in its defense, recognizing how the school's Title IX and Honor Code policies would be at odds with one another.
"A victim of a sexual assault will never be referred to the Honor Code Office for being a victim of sexual assault," the statement said. "Sometimes in the course of an investigation, facts come to light that a victim has engaged in prior Honor Code violations."
The statement seems hollow, however, as Barney reports that she hasn't been informed of which rule she broke.
When questioned, a BYU spokeswoman declined to comment on Barney's case but stated that the school would never place a hold on a student's registration for reporting a rape to the police.
If that is the case, then what exactly is Barney being punished for? In the end, it might not matter, as Barney plans to transfer out of BYU.
The Department of Education has not confirmed whether it received Barney's Title IX complaint because it only acknowledges complaints for investigations that have been launched. Currently, the department has 221 investigations open at 175 colleges and universities to determine whether schools violated the gender equality law Title IX in their handling of sexual assault on campus.
