Employee Reporting Obligations
University employees have different obligations, depending on their job titles and duties, in how they are required to respond to disclosures of sexual misconduct. An employee's obligations are based on whether the employee is a designated confidential resource, reporting employee, or resource connection employee.
If you have questions about your designation or reporting obligations, please contact the USU Title IX Coordinator by emailing firstname.lastname@example.org or by calling 435-797-1266.
Designated Confidential Resources
The university has designated professional counselors, non-professional counselors, and advocates as confidential resources so individuals who have been impacted by sexual misconduct can have access to support services in a confidential setting. Information about sexual misconduct that is shared with designated confidential resources is not reported to the USU Title IX Coordinator.
Contact information for USU's designated confidential resources is available in the Sexual Misconduct Resource Guide.
Resource Connection Employees
Many university employees are designated as resource connection employees, which means they are not required to report information they receive about sexual misconduct to the USU Title IX Coordinator. Resource connection employees are instead required to share information about designated confidential resources and how to report to the USU Title IX Coordinator with individuals who have been impacted by sexual misconduct.
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 reporting employee’s obligations do not apply to sexual misconduct in circumstances where the reporting employee is the claimant. In addition, there is no reporting employee reporting obligation when the disclosure of information about sexual misconduct is made through:
- Applications to the University or a specific program offered by the University;
- 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;
- Job applications and interviews;
- Office of Equity resolution meetings;
- University-led focus groups related to Sexual Misconduct;
- Sexual Misconduct prevention trainings provided by designated prevention specialists;
- Public awareness events;
- Protected Health Information (PHI) generated by clinical care teams who are providing services subject to HIPAA that are designated as “Healthcare Provider Covered Components” in the University’s Hybrid Entity Declaration (clinical care teams include but are not limited to faculty, clinicians, student trainees, and support staff engaged in Covered Component work), except where such PHI may be evidence of sexual misconduct between a client or patient and a member of a clinical care team; or,
- Work submitted in course assignments and discussions related to course materials.
When the disclosure of information about Sexual Misconduct is made to:
- A Pastoral Counselor who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a Pastoral Counselor;
- A Process Advisor serving in that role in an Office of Equity Formal Investigation or Informal Resolution process;
- A spouse, domestic partner, or immediate family member by their spouse, domestic partner, or immediate family member; or,
- Certain designated care teams defined in USU Procedures 340 that routinely review health information and/or records pursuant to a limited release of information agreement.
When the disclosure of information about Sexual Misconduct is made concerning:
- Privileged requests for legal advice; or,
- Sexual Misconduct that occurred outside an employment or education program or activity and:
- The claimant was not a student, program participant, or employee at the time of the incident; and,
- The respondent was not a student, program participant, or employee at the time of the incident; and,
- The respondent is not a current student, program participant, or employee.
If the 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.
How Reporting Employees Should Respond to Sexual Misconduct Disclosures
If an individual discloses an incident of sexual misconduct to you, follow these steps:
Inform the individual as soon as possible that you cannot ensure confidentiality of what they tell you because of your reporting employee obligations. Tell the individual that if you submit an incident report to the USU Title IX Coordinator, they will be contacted with information about supportive measures, reporting options, and the investigation process.
If the individual isn't comfortable disclosing given your reporting obligations, be sure to refer them to 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.
For example, you could say: “It sounds like you’re about to share something very important. Before you continue, I would like to let you know the limits of my confidentiality. I may need to report certain information to the USU Title IX Coordinator and provide identifying information about what you share. How can I support you?"
Listen without judgment if the individual would still like to discuss their experience with you. Respond with compassion, avoid questioning their experience, and express your support.
Refer the individual to the designated confidential resources listed in the Sexual Misconduct Resource Guide.
Employee Reporting Obligations Frequently Asked Questions
The new Title IX regulations that were implemented by the US Department of Education in August 2020 no longer require all employees at a university to report information about sexual misconduct to the university. In response to these new regulations, Utah State University has changed which employees are required to report by designating employees as either a designated confidential resource, reporting employee, or resource connection employee.
An employee’s sexual misconduct reporting obligations are based on their designation. Employees who are a designated confidential resource and a resource connection employee are not required to report sexual misconduct to the university, but they are required to share information about support and reporting resources, as well as other information with individuals who have experienced sexual misconduct. Employees who have been designated as reporting employees are required to report incidents of sexual misconduct to the USU Title IX Coordinator within 24 hours at equity.usu.edu/report.
All full-time and many part-time employees have been designated as either a reporting employee, resource connection employee, or designated confidential resource. The lists of job titles and campus units that have been designated in each employee category is available online at the Office of Equity’s Reporting Obligation website.
New employees will receive an email from the Office of Equity within their first 30 days of employment notifying them of their designation and training obligations. All employees will receive an email from the Office of Equity at the start of each fiscal year reminding them of their designation and annual training obligations.
Reporting employees must report all information they receive about sexual misconduct to the USU Title IX Coordinator within 24 hours.
Resource connection employees are not required to report information they receive about sexual misconduct to the USU Title IX Coordinator. Resource connection employees are instead required to share information about designated confidential resources and how to report to the USU Title IX Coordinator with individuals who have been impacted by sexual misconduct.
Information about sexual misconduct that is shared with designated confidential resources is not reported to the USU Title IX Coordinator.
Many university employees are now designated as resource connection employees, meaning they are not required to report information about sexual misconduct to the USU Title IX Coordinator. This shift is due to the new Title IX regulations that were implemented by the US Department of Education in August 2020 that no longer require all employees at a university to report information about sexual misconduct to the university. The university wants individuals to know where they can go to report and receive support but also wants to give them more autonomy over where their information is shared. Reporting employees are generally employees that can institute corrective action, including supervisors, or employees identified as Campus Security Authorities.
USU strives to create a learning and working environment free from sexual misconduct. Part of creating this environment means addressing and remediating incidents of discrimination, harassment, and sexual misconduct that affect campus community members.
To ensure that the university can provide persons who have experienced sexual misconduct with supportive measures, resources, reporting options, and information about filing a formal complaint, certain university employees are designated as reporting employees. Reporting employees include, but are not limited to, those employees who have the authority to institute corrective measures concerning allegations of sexual misconduct.
Employees with a reporting obligation must report information about sexual misconduct to the USU Title IX Coordinator at equity.usu.edu/report within 24 hours of receiving the disclosure.
Reporting employee incident reports must include all the information disclosed to the reporting employee, including the following information:
- The name of the person who experienced the sexual misconduct;
- The name of the person who reported the sexual misconduct to the reporting employee, if different from the person who experienced it;
- The name of the person(s) alleged to have engaged in sexual misconduct;
- The name of any witnesses or individuals who have information about the incident(s);
- The date, time, and location of the alleged incident(s);
- The nature of the incident(s);
- All documentation the reporting employee has received related to the incident;
- The date the incident was reported to the reporting employee; and,
- All other relevant information known to the reporting employee.
Though reporting employees often have mentoring and other close relationships with colleagues and students, as a reporting employee, they may not promise confidentiality of the information that is shared with them.
Yes. The time reporting employees spend filing the sexual misconduct incident report will be considered “on the clock” time and can be covered by comp time for non-exempt employees.
When a sexual misconduct report is made to the USU Title IX Coordinator, the supportive measures specialist will reach out to the individual who experienced the sexual misconduct and offer information concerning resources, supportive measures and filing a formal complaint. If this was not provided in the report, the office will reach out to the reporter to gather more information, if available. The office will also evaluate whether there is an immediate threat to campus safety and take appropriate action to address any threat.
Resource connection employees must provide an individual who discloses information concerning sexual misconduct with information about support services and reporting options.
They must also:
- Inform the individual that the resource connection employee is not a designated confidential resource;
- Notify the individual that disclosing to them as a resource connection employee will not initiate a university response;
- Ask the individual if they would like to be connected with a designated confidential resource at the university; and,
- Provide the individual with information about how to report to the USU Title IX Coordinator.
Resource connection employees are not required to report disclosures of sexual misconduct to the USU Title IX Coordinator. The resource connection employee should not disclose information about Sexual Misconduct to another office or report to the Title IX Coordinator without written consent from the disclosing party.
The following is information resource connection employees can provide to an individual who has disclosed information related to sexual misconduct:
I have not reported the information you shared with me to the university and therefore the information you shared will not initiate University action. Since I am not required to report what you shared with me to the USU Title IX Coordinator, I want you to know about all of the support and reporting resources available to you at Utah State University.
- USU’s designated confidential resources provide advocacy and therapy services:
- Counseling and Psychological Services (CAPS);
- Sexual Assault and Anti-Violence Information Office (SAAVI); and,
- If you need medical attention, you can visit the Student Health & Wellness Center (Logan campus).
- You can request supportive measures from the Office of Equity, which are accommodations that can address your safety and well-being and allow you to continue to be a student and/or employee at USU.
- You can make a report to:
More information about these resources is available at sexualrespect.usu.edu.
If you need support contacting these resources, or if you would like me to help you make a report to the USU Title IX Coordinator or USU Police, please let me know.
Providing information about sexual misconduct to a resource connection employee is different than providing information to a designated confidential resource. Information provided to a designated confidential resource means that information is protected by federal and state laws and generally cannot be shared without the explicit and written permission of the person who shared that information, or unless otherwise allowed to be shared under state or federal law.
Resource connection employees may offer greater privacy of sexual misconduct information than reporting employees because they are not required to report certain information to the university. However, any information that the resource connection employee receives may still be accessed by the university, reported to the USU Title IX Coordinator, or accessed in court proceedings. This means, for example, that the employee could still be called as a witness or required to turn over any related documents or notes the employee keeps about the information they learned.
Reporting employees are required to report information about sexual misconduct to the USU Title IX Coordinator, even if they learn about it from a resource connection employee or another third party. A reporting employee should always stop a resource connection employee, if possible, if it sounds like they are going to share information related to sexual misconduct. The reporting employee should remind the resource connection employee of their reporting obligations and ask them if they still want to share that information.
If an individual discloses information about sexual misconduct to a resource connection employee and the employee then tells a reporting employee that information, the resource connection employee would have an obligation to notify the individual who made the disclosure that their disclosure will be reported to the USU Title IX Coordinator by the reporting employee.
Yes, some employees may have different reporting obligations depending on the role they are serving at the time of the disclosure of sexual misconduct.
In limited circumstances, a designated confidential resource may have reporting obligations. For example, a professional therapist in CAPS would not report a disclosure of sexual misconduct that an individual made during a therapy session. However, they would be required to report if they learned information concerning allegations of sexual misconduct that are alleged to have been committed by another designated confidential resource.
However, non-professional advocates are considered Campus Security Authorities under the federal Clery Act and are required to report anonymous data about sexual misconduct incidents that occurred on Clery Geography to university police. University police are reporting employees and so they are required to then report that information to the USU Title IX Coordinator.
The information that is reported to university police by non-professional advocates includes the date, time, and location of the incident and may also include the individual’s name that allegedly engaged in the sexual misconduct. This report will not include the name of the individual that experienced the sexual misconduct. Anonymous data reports may result in a timely warning, additional security, and other general responses from the university.
All designated confidential resources, reporting employees, and resource connection employees are required to participate in an annual training (once every fiscal year) about their sexual misconduct reporting obligations. The reporting obligations trainings will be facilitated in-person or “live” via Zoom.
New employees will receive an email from the Office of Equity within their first 30 days of employment notifying them of their designation and training obligations. All employees will receive an email from the Office of Equity at the start of each fiscal year (July 1) reminding them of their designation and annual training obligations.