Sexual Misconduct Earlier Resolution Process

An earlier 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 earlier resolution.

More information about earlier resolutions is available in interim USU Policies 339, 339A, and 339B. 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 Earlier Resolution Process

Earlier resolutions are a process in which parties agree to resolve a formal complaint without completing an investigation and/or hearing. An earlier resolution may be facilitated through arbitration, mediation, restorative justice, or another appropriate method. Such an agreement may include sanctions or other disciplinary measures.

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

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

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

Interim - Overview of Earlier Resolution Process

Interim - Earlier Resolution Information Sheet

Requesting an Earlier Resolution

You can request an earlier 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 earlier resolution.

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

Participating in an earlier resolution is completely voluntary.

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

Formal Complaint

Before participating in the earlier 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 earlier resolution.

You will need to schedule an intake with an Office of Equity supportive measures specialist to begin the earlier resolution process.

  • If you are located at the Logan, Blanding, or Statewide campuses, you will need to schedule an intake with Rachel Bernardo.
  • If you are located at the Eastern campus, you will need to schedule an intake with Katie Freeman.

Possible Earlier Resolution Options

Agreements made in an Earlier 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.

Earlier Resolution Timeframes

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

  • An earlier resolution agreement shall be reached within 40 business days of the date of the parties’ agreement to proceed with an earlier resolution.
  • The Office of Equity will electronically share the agreement with each party within 5 business days of the date of the earlier resolution agreement.