Reporting Employee Obligations

Reporting Employees

Some university employees are designated as reporting employees, which means they must report all information they receive about sexual misconduct to the USU Title IX Coordinator. Examples of reporting employees include provosts, deans, and department heads; faculty members; all positions in the Office of Equity; university police officers; all positions in Residence Life; directors in Student Affairs; most positions in the Office of Student Conduct and Community Standards; athletic directors and coaches; supervisors of employees; and Campus Security Authorities.

A list of USU's reporting employees can be accessed via USU Procedures 340.

Reporting Employee Overview Handout

Exceptions to Reporting Employee Reporting Obligations

A reporting employee’s obligations do not apply when the disclosure of sexual misconduct is made in the following circumstances:

  • The reporting employee is the person who experienced the sexual misconduct;
  • Outside of employment duties where a privilege applies based on state law, federal law, or regulations;
  • As part of human subject research, subject to the review of the University’s Institutional Review Board;
    • For example, a survey to collect data about trauma given to participants that asks if they experienced sexual violence 
  • To a Process Advisor and/or Support Person serving in that role in an Office of Equity formal investigation or alternative resolution process; or
  • During public health awareness events
    • This exception does not apply if the respondent is identified as a current student or employee

If a reporting employee is unsure whether to report the information to the USU Title IX Coordinator, they should err on the side of reporting the information. When a reporting exception applies, reporting employees should still provide the individual with information about support services and reporting options.

How Reporting Employees Should Respond to Sexual Misconduct Disclosures

If an individual discloses an incident of sexual misconduct to you, follow these steps:

1

Inform

Inform the individual as soon as possible that if they share information about sexual misconduct with you, you must report it to the USU Title IX Coordinator. Tell them that they will be contacted with information about support services and reporting options.

If the individual isn't comfortable disclosing given your reporting obligations, be sure to tell them about the Designated Confidential Resources listed on sexualrespect.usu.edu and inform them about how to file a report with the USU Title IX Coordinator at equity.usu.edu/report. Explain that the individual may request that their name not be shared with the respondent, and the Title IX Coordinator will explain if that request can be honored.

For example, you could say: "It sounds like you’re about to share something very important and personal about sexual misconduct. Before you continue, I would like to let you know that I am a Reporting Employee, which means that I must report all information I learn about sexual misconduct to the USU Title IX Coordinator. This does not mean that you have to go through a formal investigation with USU, but the USU Title IX Coordinator will explain support and other options available to you. Now that you know that I cannot keep this information between us, what would you like to have happen next?”

2

Listen

Listen without judgment if the individual would still like to discuss their experience with you. Respond with compassion, express your support, and avoid questioning their experience or asking questions to learn more about what happened.

3

Review

Review the support services and reporting options listed at sexualrespect.usu.edu.

4

Report

Report all the information related to the disclosure at equity.usu.edu/report within 24 hours.

If an individual is in immediate physical danger, you must call 911.

If you have questions or concerns about reporting, please contact the USU Title IX Coordinator by emailing titleix@usu.edu or by calling 435-797-1266.

Learn about how to respond to a sexual misconduct disclosure in a trauma-informed way on SAAVI’s website.

Reporting Employee FAQs

The purpose of this FAQ guide is to assist reporting employees in navigating their obligations in responding to sexual misconduct. If you are not a reporting employee, these FAQs do not apply to you, but can help you better understand a reporting employee’s obligations under interim USU Policy 340.

Filing a Report as a Reporting Employee

You should always err on the side of caution and report an incident even if you’re unsure if it’s considered sexual misconduct under USU policies. The Office of Equity will determine if the incident falls under Interim USU Policies 339 or 339A and refer the report to another office (such as Human Resources) as necessary. 

Sexual misconduct can be experienced by anyone (regardless of identity) and can look like a lot of different behaviors.  It includes sexual harassment, sexual assault, sexual exploitation, relationship violence, and sex-based stalking. You can learn more about these behaviors here.

The Office of Equity is here to support you with any questions you may have.  Email titleix@usu.edu or call 435-797-1266 if you are unsure if you should report something.

The Office of Equity generally does not share information with the claimant (person who experienced the sexual misconduct or respondent (person reported for engaging in the sexual misconduct) about who filed the report unless the case proceeds to a formal investigation. However, someone may figure out that you’re the person who filed the report if you’re the only one who could reasonably know what was reported. 

Your reporting obligations still apply. However, you can include in your report that you have concerns about retaliation. Retaliation is prohibited at USU and you can file a report with the Office of Equity if someone takes action against you because you filed a report.

After you file a report, you will receive an automated email confirming your submission. The Office of Equity will then send an email to the claimant (the person who experienced the sexual misconduct), if known, informing them of resources and reporting options. The claimant does not have to respond to the Office of Equity’s contact. Additionally, an investigator from the Office of Equity will follow up with you to let you know that they have opened an inquiry into the matter and ask any questions they may have about the report. 


For more information about how the Office of Equity proceeds after a report is filed, visit the Office of Equity webpage detailing the grievance process.

No. If an individual is seeking criminal action, they must report separately to either university police or local law enforcement.

To report to USU police, who can pursue legal action for a criminal violation, go here.

Exceptions to Reporting as a Reporting Employee

Privileged information is information where federal law, state law, or regulations protects communication in certain relationships. You are responsible to know what laws and regulations apply in your life and to the sexual misconduct disclosure.

Some examples of information that may be privileged: 

  • Information disclosed to a lawyer during a privileged request for legal advice 
  • Information learned while working or volunteering at a rape crisis center
  • Information disclosed during a confidential counseling session to a licensed therapist
  • Information disclosed to a pastoral counselor while they are providing confidential counseling
  • Information disclosed to someone through HIPAA protected services
  • Information disclosed to you by your spouse

Yes, you can still file a report even if an exception applies. Exceptions don’t prohibit you from reporting; they are times when you are no longer required to report a disclosure.

Do I Still Have to File a Report as a Reporting Employee When/If ...?

Yes. You are required to report any information you know about sexual misconduct to USU’s Title IX Coordinator. If you learn more information after already filing a report, you are required to file an additional report with the new information you learned. When filing an additional report, make a comment that the report is related to an incident you previously reported. 

If someone tells you that they have already reported an incident, it is still important that you file a report. It is possible that you have received different information than the other person, or they may not have reported correctly. Reporting Employees can file one report together if the report includes the name of every Reporting Employee, some language stating that this report is filed for, with, or on behalf of these Reporting Employees, and all information known to these Reporting Employees

Yes. If one or more of your positions at USU designates you as a Reporting Employee, you are considered a Reporting Employee even when you’re not working within the role that designates you as a Reporting Employee.

Yes. Reporting Employees are required to report information about sexual misconduct to the USU Title IX Coordinator, even if they learn about it from someone who is not a Reporting Employee or another third party. You should always stop someone, if possible, if it sounds like they are going to share information related to sexual misconduct and remind them of your reporting obligations and ask them if they still want to share that information.  

If they do share the information, the non-Reporting Employee should tell the individual who disclosed to them that their disclosure will be reported to the USU Title IX Coordinator by you (as the Reporting Employee). 

Yes. Unless an exception applies, you are required to report anything you learn about sexual misconduct to USU’s Title IX Coordinator. You can view the list of exceptions in interim USU Policy 340.

Yes. Even if someone tells you they want to report the incident themselves, you are also required to report the incident.

Yes. You are still required to file a report with the USU Title IX Coordinator, even if someone asks you not to. In those moments, you should validate what the individual is feeling. Remind the individual that the Office of Equity will reach out to provide support resources and reporting options, but they are not required to respond to that communication. Tell the individual that the university wants them to know about available resources that may be helpful to them.

Yes. You are required to file a report even if you think something is just a rumor or hearsay. You are not an investigator, so you should not ask for more information to try to verify the disclosure. You should also not doubt someone’s disclosure. The Office of Equity is the neutral, fact-finding party responsible for investigating and verifying information about sexual misconduct incidents.

Yes. You are required to report any information you know about an incident of sexual misconduct to USU’s Title IX Coordinator. Even reports without a lot of details allow the Office of Equity to identify patterns to better respond to and prevent sexual misconduct at our university.

Yes. As of February 10, 2023, this is no longer an exception to your reporting obligation. The Office of Equity provides example syllabi statements and language course instructors can use to inform the individuals participating in their classes or trainings of their reporting obligations. Example statements and language can be found in the syllabus course tool.

 

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