University-driven Formal Complaint

Under interim USU policies and procedures 339339A, 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:

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. The Respondent (or individual who allegedly engaged in the sexual misconduct) will be given notice of the allegations. This includes the claimant’s name and information the office has about the allegations.

The Office of Equity can discuss with the parties a no contact agreement, campus safety escorts, parking accommodations, etc. to address safety concerns. Both parties can receive supportive measures during this process, regardless of their participation in the University-driven investigation.

Students and Employees, regardless of whether they are parties, are prohibited from engaging in retaliation including intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege under interim USU policies and procedures 339339A, and 339B, or because the individual has made a report or complaint, testified, assisted, participated or refused to participate in any manner in an investigation, formal or informal proceeding, or hearing under these procedures.