Duty to Report Abuse

In accordance with the purpose of the BYU Minor Protection Policy and Utah state law, all BYU employees, volunteers, contractors, and students have a duty to immediately report to the nearest peace officer, law enforcement agency, or applicable office of the state Division of Child and Family Services any situation, whether on or off campus, in which they have “reason to believe that a [minor] is, or has been, the subject of abuse or neglect, or observe[d] a [minor] being subjected to conditions or circumstances that would reasonably result in abuse or neglect[.]”¹

When should an action be reported? When there is "reason to believe that a [minor] is, or has been, the subject of abuse or neglect, or observe[d] a [minor] being subjected to conditions or circumstances that would reasonably result in abuse or neglect."

UTAH CODE§ 62A-4a-403

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A person does not need tangible proof of abuse to have a duty to report abuse under Utah law—a duty arises when there is reason to believe abuse is occurring or occurred.

Incidents of sexual abuse or sexual exploitation of a minor on campus or in a university program should also be reported to the university’s Title IX coordinator, who should ensure that university policies and procedures for investigating such complaints are followed and, if appropriate, disciplinary procedures are initiated.

BYU employees, volunteers, contractors, and students who have knowledge of and fail to report or to cooperate in the investigation of abuse may be subject to appropriate disciplinary action up to and including termination of employment and dismissal from the university. The university will seek to preserve the confidentiality of the reporting party, provided that it does not interfere with the university’s ability to investigate and take corrective action and is not prohibited by law. Retaliation against a person who has filed a complaint of abuse is a violation of the BYU Minor Protection Policy, and the retaliating person may be subject to appropriate disciplinary action up to and including termination of employment and dismissal from the university, depending on the circumstances and severity of the retaliation. Encouraging others to retaliate also violates the policy.

1 UTAH CODE§ 62A-4A-403