Sexual Misconduct Formal Investigation Process

The university's formal investigation process for sexual misconduct reports is an administrative process that determines whether, by a preponderance of the evidence, a member of the university community (student, staff, or faculty) has violated interim USU Policy 339 or 339A. This process is separate from the criminal process. The preponderance of the evidence standard means a policy violation is more likely than not to have occurred. 

More information about the formal investigation process is available in interim USU Policies 339 and 339A. 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 Formal Investigation Process

A formal investigation is the evidence-gathering process that begins with the filing of the formal complaint by a claimant or Title IX Coordinator and ends when the appeal process is complete.

This process includes interviewing parties and witnesses, and gathering other relevant evidence, exculpatory and inculpatory.

When there is a live hearing, a hearing officer/panel determines, by a preponderance of the evidence gathered during the formal investigation, whether there is a policy violation. The parties can appeal a finding and decision based on evidence gathered during the formal investigation under limited circumstances.

Interim - Overview of Formal Investigation Process

Interim - Formal Investigation Information Sheet

Requesting a Formal Investigation

You can request a formal investigation 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

You can receive supportive measures and have access to resources throughout the formal investigation process.

Formal Complaint

Before participating in the formal investigation process, you will need to sign a formal complaint. This is a signed document that indicates the University will proceed with a formal investigation of sexual misconduct.

To begin the formal investigation process, you will need to schedule an intake with an Office of Equity investigator by calling 435-797-1266 or emailing titleix@usu.edu.

Evidence Collection

During the investigation, all parties will have an equal opportunity to be interviewed, submit evidence and information (including inculpatory and exculpatory evidence), and identify relevant witnesses, including fact and expert witnesses.

The parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence.

After the written responses to the evidence are submitted, the investigator will give both parties the preliminary investigation report. The parties can then submit a written response to the preliminary investigation report. The investigator will then issue the final investigation report.

Hearing

A live hearing will be held as part of formal investigations for interim USU Policy 339. Either party may request a hearing as part of formal investigations for interim USU Policy 339A.

The hearing process will be as follows:

• The hearing officer will open and establish rules and expectations for the hearing.
• The parties will each be given the opportunity to provide opening statements that are no longer than 10 minutes.
• The hearing officer will ask questions of the parties and witnesses.
  • Parties will be given the opportunity for live cross-examination after the hearing officer asks questions of the parties and each witness(es).
• The parties may be given the opportunity to provide closing statements that are no longer than 10 minutes.

The hearing will also review information related to a possible sanction. There can be a range of sanctions, depending on the nature of the incident. The sanctions for students may include a warning, probation, suspension, or expulsion. The sanctions for employees may include a warning up to and including termination/dismissal.

The hearing officer/hearing panel will issue a determination that states whether the individual violated USU policy and, if so, the appropriate sanction for the individual who committed the sexual misconduct. The determination letter issued by the hearing officer/hearing panel will also state the remedies for the individual who experienced the sexual misconduct.

Appeal

Both parties have the right to appeal, based on certain criteria:

• Procedural irregularity that affected the outcome of the matter;
• New evidence, including witnesses, that was not reasonably available that could affect the outcome of the matter; and/or
• The Title IX Coordinator, investigator(s), or decision-maker(s) had an actual conflict of interest or demonstrated bias for or against the parties generally or specifically that affected the outcome of the matter.

The hearing officer's/hearing panel's decision is final if it is not appealed.

If the decision is appealed, an appeal panel will review the information. The appeal panel will determine whether to uphold the hearing officer's/hearing panel's decision, reverse the decision, or remand the case to the hearing office/hearing panel to gather more information.

At the end of the appeal process, the decision is final. The sanctions and remedies will be implemented, if applicable.