Sexual Misconduct Alternative Resolution Process

An alternative resolution is a process in which the parties mutually agree on an outcome that addresses the sexual misconduct raised in a formal complaint. Cases involving a student claimant and an employee respondent are not eligible for an alternative resolution.

More information about alternative resolutions is available in interim USU Policies 2102 and 2103. The previous policies related to sexual misconduct are applicable to conduct alleged to have occurred August 14, 2020 or later per 34 CFRR 106 (2020). They are subject to change at any time. Information about how the university will respond to sexual misconduct incidents that occurred prior to August 14, 2020 is available in procedures for responding to pre-08142020 allegations.

Overview of the Alternative Resolution Process

Alternative resolutions are a voluntary process in which parties agree to resolve a formal complaint without completing an investigation, or at any time prior to the conclusion of the investigation and hearing process. An alternative resolution agreement may be facilitated through arbitration, mediation, restorative justice, or another appropriate method that is agreed upon by the parties and the Title IX Coordinator. Such an agreement may not include sanctions or other disciplinary measures unless the Respondent agrees to such sanctions or disciplinary measures.

The claimant and respondent will meet separately with the USU Title IX Coordinator, an investigator, or an outside facilitator to discuss the terms of the alternative resolution agreement.

The claimant or respondent can choose to withdraw from the alternative resolution process and move forward with a formal investigation at any time before the alternative resolution agreement is signed by the parties.

Once the parties agree on an outcome, both parties will receive an electronic alternative resolution agreement.

Interim - Overview of Earlier Resolution Process

Interim - Earlier Resolution Information Sheet

Requesting an Alternative Resolution

You can request an alternative resolution if you have experienced sexual misconduct and meet all of the following elements:

  • You are a USU student, employee, or are participating in a university educational program or activity
  • The individual who is alleged to have committed the sexual misconduct is connected to USU (i.e. as a student or employee)
  • The incident either occurred
    • In a university educational program or activity or
    • Off-campus and there are continuing adverse effects or the creation of a hostile environment in an employment or education program or activity

Cases involving a student claimant and an employee respondent are not eligible for an alternative resolution.

You can receive supportive measures and have access to resources throughout the alternative resolution process.

Participating in an alternative resolution is completely voluntary. You should not be pressured, coerced, or unduly influenced into participating in the alternative resolution process.

You can have a process advisor and/or support person throughout the alternative resolution process.

Formal Complaint

Before participating in the alternative resolution process, you will need to sign a formal complaint. This is a document that states you experienced sexual misconduct and are requesting that the university move forward with an alternative resolution.

Possible Alternative Resolution Options

Agreements made in an alternative resolution may include, but are not limited to:

  • An apology by the respondent, in-person or in writing;
  • That the respondent complete additional sexual misconduct training or other related education;
    • Formats: discussion about media or research article, movie or documentary, podcast episode, TV show episode, or video clip; multi-part one-on-one training series; and single session one-on-one training.
    • Topics: behavior accountability, bodily autonomy rights, boundary setting, coercion, conflict management, consent, gender norms/socialization, healthy communication, healthy relationships, identity, implicit bias, power dynamics, and values.
  • That the respondent complete a therapeutic assessment to evaluate for therapy or complete a certain number of therapeutic sessions;  
  • That the respondent complete community service;
  • That the respondent leave the University and not reenroll until the claimant has graduated;
  • An admission that the respondent violated the sexual misconduct policy; and/or
  • Punitive or disciplinary measures, from probation up to expulsion with or without a notation on respondent’s transcript for a student respondent, and a warning up to termination for an employee respondent, including a student employee.

Alternative Resolution Timeframes

These are general timeframes and may be extended based on good cause.

  • Alternative resolution agreements should be finalized within 40 calendar days of the date of the filing of the formal complaint.

On This Page