University-driven Formal Complaint
Under interim USU policies and procedures 339, 339A, and 339B, if a claimant (individual who allegedly experienced sexual misconduct) chooses not to participate in the Office of Equity process, or the incident report is anonymous, in some cases (including when the university safety risk panel has determined there is a safety risk to the campus community), the office may still proceed with a university-driven formal complaint.
When possible, the office will inform the claimant that they are proceeding with a university-driven formal complaint. Whenever the Office of Equity proceeds with a university-driven formal complaint, it must share the claimant’s name and the details of the alleged sexual misconduct with the respondent (the person who allegedly engaged in the sexual misconduct).
A claimant is entitled to receive supportive measures whether or not they participate in the university-driven process.
A claimant is not required to participate in the university-driven process. However, if they want to, they can provide information as a witness in a university-driven investigation.
If a claimant chooses to participate as a witness:
- They will participate in a recorded interview with an investigator in which the investigator asks them questions about what they experienced.
- Because the respondent has a right to know what the claims are against them, the respondent will be given the name(s) of witness(es) and access to their recorded interviews. The respondent will be given access to the claimant’s recorded interview at the conclusion of the investigation.
- When acting as a witness, the claimant does not receive access to the evidence/record or the investigation reports. If a claimant files a formal complaint, they will be given access to the respondent’s interview and other evidence gathered in the case.
- There will be a hearing that the claimant will need to attend as a witness. The claimant will be asked questions by the hearing panel and the respondent’s process advisor.
When the Office of Equity proceeds with a university-driven formal complaint, the USU Title IX Coordinator will sign the formal complaint and the office will proceed with a university-driven formal investigation.