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 or reporting employee.

If you have questions about your designation or reporting obligations, please contact the USU Title IX Coordinator by emailing titleix@usu.edu or by calling 435-797-1266.

The following flowchart details what happens to disclosures of sexual misconduct that are made to USU employees like housing and residence life staff, faculty members, university police, and university victim advocates, therapists, and medical providers.

Flowchart detailing what happens to disclosures made to USU employees

Designated Confidential Resources

The university has designated medical professionals and medical staff, 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.

Learn more about designated confidential resources at USU

Designated Confidential Resources Overview Handout

Reporting Employees

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 list of USU's reporting employees can be accessed via USU Procedures 340.

Reporting Employee Overview Handout

Exceptions to Reporting Employee Reporting Obligations

A reporting employee’s obligations do not apply when the disclosure of sexual misconduct is made in the following circumstances:

  • The reporting employee is the person who experienced the sexual misconduct;
  • Outside of employment duties where a privilege applies based on state law, federal law, or regulations;
  • As part of 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 
  • To a Process Advisor and/or Support Person serving in that role in an Office of Equity formal investigation or alternative resolution process; or
  • During public health awareness events
    • This exception does not apply if the respondent is identified as a current student or employee

If a 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. When a reporting exception applies, reporting employees should still provide the individual with information about support services and reporting options.

How Reporting Employees Should Respond to Sexual Misconduct Disclosures

If an individual discloses an incident of sexual misconduct to you, follow these steps:

1

Inform

Inform the individual as soon as possible that if they share information about sexual misconduct with you, you must report it to the USU Title IX Coordinator. Tell them that they will be contacted with information about support services and reporting options.

If the individual isn't comfortable disclosing given your reporting obligations, be sure to tell them about 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. Explain that the individual may request that their name not be shraed with the respondent, and the Title IX Coordinator will explain if that request can be honored.

For example, you could say: "It sounds like you’re about to share something very important and personal about sexual misconduct. Before you continue, I would like to let you know that I am a Reporting Employee, which means that I must report all information I learn about sexual misconduct to the USU Title IX Coordinator. This does not mean that you have to go through a formal investigation with USU, but the USU Title IX Coordinator will explain support and other options available to you. Now that you know that I cannot keep this information between us, what would you like to have happen next?”

2

Listen

Listen without judgment if the individual would still like to discuss their experience with you. Respond with compassion, express your support, and avoid questioning their experience or asking questions to learn more about what happened.

3

Review

Review the support services and reporting options listed at sexualrespect.usu.edu.

4

Report

Report all the information related to the disclosure at equity.usu.edu/report within 24 hours.

If an individual is in immediate physical danger, you must call 911.

If you have questions or concerns about reporting, please contact the USU Title IX Coordinator by emailing titleix@usu.edu or by calling 435-797-1266.

Learn about how to respond to a sexual misconduct disclosure in a trauma-informed way on SAAVI’s website.

Employee Reporting Obligations Frequently Asked Questions

General FAQs

The purpose of this FAQ is to provide general answers to questions about USU’s employee sexual misconduct reporting obligations under interim USU Policy 340.

Designation-specific FAQs for reporting employees and for non-designated employees are in the next two sections.

Understanding Different Employee Obligations

All full-time and many part-time employees have been designated as either a Reporting Employee or Designated Confidential Resource. The lists of job titles and campus units that have been designated in each employee category can be accessed through interim USU Procedures 340. 

New full-time and applicable part-time 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 (by July 1) reminding them of their designation and annual training obligations. 

Employees who are not designated as Reporting Employees or Designated Confidential Resources do not have obligations under interim USU Policy 340, but may have training requirements related to responding sexual misconduct.

Reporting Employees must report all information they receive about sexual misconduct to the USU Title IX Coordinator within 24 hours at equity.usu.edu/report.

Designated Confidential Resources do not report information about sexual misconduct to the USU Title IX Coordinator. 

These two employee designations are the only designations with a required response under interim USU Policy 340. Employees who are not designated in either of these categories receive training regarding how to respond to a disclosure of sexual misconduct and can help someone file a report.

You can learn more about your reporting obligations by visiting the Office of Equity’s Reporting Obligation website or by contacting the USU Title IX Coordinator at 435-797-1266 or titleix@usu.edu.

All Designated Confidential Resources and Reporting Employees are required to participate in an annual training (once every fiscal year between July 1 and June 30) about their sexual misconduct reporting obligations. The reporting obligations trainings will be facilitated in person or virtually on Zoom. 

New employees are required to participate in a training within their first 30 calendar days of employment (Designated Confidential Resources) or first 60 calendar days of employment (Reporting Employees).  

Many non-designated employees are also required to participate in an annual training and in a training as a new employee (within their first 60 calendar days of employment) regarding best practices to responding to sexual misconduct at USU. A list of non-designated employees required to train can be accessed through interim USU Policy 340. 

If your reporting obligations change, you will be contacted by the Office of Equity with information about the change and any additional training requirements. 

Recent Policy Changes

USU’s sexual misconduct policies and procedures follow federal laws and regulations, including Title IX of the Education Amendments of 1972. Policies and procedures will be updated as new federal laws and regulations are released. An update to Title IX regulations is expected by summer 2023.

Additionally, changes to USU policy and procedures reflect feedback from the campus community and an ongoing effort to provide clear expectations about reporting obligations. 

The Office of Equity updated interim USU Policy 340 and Procedures 340 on February 10, 2023. The changes to policy and procedures reflect feedback from the Department of Justice and the campus community as part of an ongoing effort to provide clear expectations about reporting obligations.

Updates to interim USU Policy 340 include:

  • The Office of Equity changed exceptions to Reporting Employee obligations. The following exceptions apply: A Reporting Employee’s obligations do not apply when the disclosure of information about Sexual Misconduct is made: 
    • (1) as part of human subject research, subject to the review of the University’s Institutional Review Board (e.g., a survey to collect data about trauma given to participants that asks if they experienced sexual violence);
    • (2) to a Process Advisor and/or Support Person serving in that role in an Office of Equity Formal Investigation or Alternative Resolution process; or 
    • (3) during public health awareness events. The third exception does not apply if the Respondent is identified as a current Student or Employee.

The February 10, 2023 change was made to ensure the university responds appropriately if an individual is allegedly engaging in sexual misconduct. Broadening when sexual misconduct disclosures have to be reported by university employees will make it more likely that situations can be addressed and resources can be provided (including supportive measures) to those who experienced the alleged conduct.

Exceptions to reporting obligations can be viewed in interim USU Policy 340.

Reporting Employee FAQs

The purpose of this FAQ guide is to assist reporting employees in navigating their obligations in responding to sexual misconduct. If you are not a reporting employee, these FAQs do not apply to you, but can help you better understand a reporting employee’s obligations under interim USU Policy 340.

Identifying Reporting Employees

The list of Reporting Employees can be accessed through interim USU Procedures 340. Your designation is based on your current position and/or department within the university.  

You will be notified by the Office of Equity if your designation changes. You can email prevention@usu.edu if you are unsure if you are a Reporting Employee.

All Reporting Employees are required to take an annual “live” training that has content specifically for Reporting Employees. Review the employee training FAQs for more information about the training.

Yes. If one or more of your positions at USU designates you as a Reporting Employee, you are considered a Reporting Employee even when you’re not working within the role that designates you as a Reporting Employee.  

You can view the list of exceptions to your reporting obligations in interim USU Policy 340. 

Responding to a Sexual Misconduct Disclosure as a Reporting Employee

If you’re concerned about someone’s well-being, you can check in on them or contact Becca Seamons in Human Resources (for employees) at becca.seamons@usu.edu or the CARE team (for students) at so they can check in on them. 

When you check in on someone, be respectful and mindful of their boundaries. If they disclose anything else about the incident when you check on them, you will have to file another report with the USU Title IX Coordinator. When an individual first discloses to you, you can ask the individual if they would like you to check on them and how and when they would like you to check on them. 

You are required to report an incident of sexual misconduct to the USU Title IX Coordinator even if the person disclosing to you is the person who engaged in the sexual misconduct behavior(s). If you feel safe doing so, you’re encouraged to use Upstander strategies (direct, delegate, distract, delay, or document) to call out the behavior. While you don’t have to tell them you’re reporting the incident, be mindful that they may figure out who reported if you’re one of the only people they told or who witnessed the behavior(s). 

Retaliation is prohibited at USU and can be reported to the Office of Equity. It could be considered retaliation if you take action against individuals involved in the Office of Equity process. Please contact the Office of Equity if you have any questions. 

All employees have free and confidential access to the USU Sexual Assault and Anti-Violence Information Office (SAAVI) as a space to process your own experiences or someone else’s. You can also access the community resources listed on this website. The SAAVI office can also help you navigate how to inform someone you’re a Reporting Employee.

Filing a Report as a Reporting Employee

You should always err on the side of caution and report an incident even if you’re unsure if it’s considered sexual misconduct under USU policies. The Office of Equity will determine if the incident falls under Interim USU Policies 339 or 339A and refer the report to another office (such as Human Resources) as necessary. 

Sexual misconduct can be experienced by anyone (regardless of their identity) and can look like a lot of different behaviors. It includes sexual harassment, sexual assault, sexual exploitation, relationship violence, and sex-based stalking. You can learn more about these behaviors here.  

The Office of Equity is here to support you with any questions you may have.  Email titleix@usu.edu or call 435-797-1266 if you are unsure if you should report something.

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. Please contact your supervisor or Human Resources if you have questions about compensation for your time filing a report.

If you need help completing the reporting form or have questions about what should be included in the report, contact the USU Title IX Coordinator at titleix@usu.edu or by calling 435-797-1266. 

You can also explore the form at any time and ask questions before you need to file a report.  

All employees have free and confidential access to the USU Sexual Assault and Anti-Violence Information Office (SAAVI) where employees can go if they need emotional support while they fill out a reporting form.

Questions regarding your reporting obligations should be directed to the Office of Equity at 435-797-1266 or via titleix@usu.edu. 

If you don’t have access to the internet or a computer, you can call 435-797-1266 to file a report or visit:  

  • Blanding campus Office of Equity Prevention Specialist: Bradford Lee Technology Building 121 
  • Eastern campus Office of Equity Prevention/Supportive Measures Specialist: Reeves Building 173 (typically available Mon., Tues., Thurs.)
  • Logan campus Office of Equity: Distance Education 400

The Office of Equity generally does not share information with the claimant (person who experienced the sexual misconduct or respondent (person reported for engaging in the sexual misconduct) about who filed the report unless the case proceeds to a formal investigation. However, someone may figure out that you’re the person who filed the report if you’re the only one who could reasonably know what was reported. 

Your reporting obligations still apply, even if you have concerns about retaliation. However, you can include in your report that you have concerns about retaliation. Retaliation is prohibited at USU and you can file a report with the Office of Equity if someone takes action against you because you filed a report.

After you file a report, you will receive an automated email confirming your submission. The Office of Equity will then send an email to the claimant (the person who experienced the sexual misconduct), if known, informing them of resources and reporting options. The claimant does not have to respond to the Office of Equity’s contact. Unless there is a university-driven investigation due to a threat to university safety or a pattern of sexual misconduct, the Office of Equity does not proceed with an investigation.  

Unless we have questions about the report or you need to know information related to the case, you will not receive additional contact from the Office of Equity about your report. 

Filing a report with the Title IX Coordinator does not typically initiate an investigation. Instead, the claimant (the individual who experienced the sexual misconduct) is contacted by the Office of Equity with information about additional options for reporting, how they can access resources (including supportive measures), and how to meet with the Office of Equity. 

For more information about navigating the Office of Equity grievance process after a report is filed, visit the Office of Equity website.

Yes. You will receive an automated email confirming you submitted a report if you include your email in the reporting form. The Office of Equity may contact you if they have additional questions related to the incident report. 

Typically, if you are not the claimant, you will not be notified about any actions the Office of Equity takes related to an incident report to protect the privacy of those involved. The Office of Equity will contact the claimant (the person who experienced the sexual misconduct) and provide them information about support services, additional reporting options, and information about filing a formal complaint.  

You can learn more about how the Office of Equity responds to reports here or by viewing our annual report. 

No. If an individual is seeking criminal action, they must report separately to either university police or local law enforcement.

To report to USU police, who can pursue legal action for a criminal violation, go here.

Exceptions to Reporting as a Reporting Employee

Privileged information is information where federal law, state law, or regulations protects communication in certain relationships. You are responsible to know what laws and regulations apply in your life and to the sexual misconduct disclosure.

Some examples of information that may be privileged: 

  • Information disclosed to a lawyer during a privileged request for legal advice 
  • Information learned while working or volunteering at a rape crisis center
  • Information disclosed during a confidential counseling session to a licensed therapist
  • Information disclosed to a pastoral counsel while they are providing confidential counseling
  • Information disclosed to someone through HIPAA protected services
  • Information disclosed to you by your spouse

Because privileged information is protected by law or regulations, you should not report a sexual misconduct disclosure if privilege applies without getting written permission from the person who experienced the sexual misconduct.

Yes, you can still file a report even if an exception applies. Exceptions don’t prohibit you from reporting; they are times when you are no longer required to report a disclosure. However, you should not report privileged information without getting written permission from the person who experienced the sexual misconduct.

Do I Still Have to File a Report as a Reporting Employee When/If ...?

Yes. You are required to report any information you know about sexual misconduct to USU’s Title IX Coordinator. If you learn more information after already filing a report, you are required to file an additional report with the new information you learned. 

When filing an additional report, make a comment that the report is related to an incident you previously reported. 

Yes. Reporting Employees are required to report information about sexual misconduct to the USU Title IX Coordinator, even if they learn about it from someone who is not a Reporting Employee or another third party. You should always stop someone, if possible, if it sounds like they are going to share information related to sexual misconduct and remind them of your reporting obligations and ask them if they still want to share that information.  

If they do share the information, the non-Reporting Employee should tell the individual who disclosed to them that their disclosure will be reported to the USU Title IX Coordinator by you (as the Reporting Employee). 

Yes. Unless an exception applies, you are required to report anything you learn about sexual misconduct (that involves USU students, employees, or program participants as either the person who experienced the sexual misconduct or the person who reportedly engaged in the sexual misconduct) to USU’s Title IX Coordinator. You can view the list of exceptions in interim USU Policy 340.

Yes. You are required to report anything you know about sexual misconduct to the USU Title IX Coordinator unless an exception applies.  You can view the list of exceptions in interim USU Policy 340. 

Even if someone else has already reported the incident, you must report it. Reporting Employees can file one report together if they include every Reporting Employee’s name on the incident report and every Reporting Employee includes all the information they know.

Yes. Even if someone tells you they want to report the incident themselves, you are also required to report the incident.

Yes. You are still required to file a report with the USU Title IX Coordinator, even if someone asks you not to. In those moments, you should validate what the individual is feeling. Remind the individual that the Office of Equity will reach out to provide support resources and reporting options, but they are not required to respond to that communication. Tell the individual that the university wants them to know about available resources that may be helpful to them.

Yes. You are required to file a report even if you think something is just a rumor or hearsay. You are not an investigator, so you should not ask for more information to try to verify the disclosure. You should also not doubt someone’s disclosure. The Office of Equity is the neutral, fact-finding party responsible for investigating and verifying information about sexual misconduct incidents.

Yes. You are required to report any information you know about an incident of sexual misconduct to USU’s Title IX Coordinator. Even reports without a lot of details allow the Office of Equity to identify patterns to better respond to and prevent sexual misconduct at our university.

Yes. As of February 10, 2023, this is no longer an exception to your reporting obligation. The Office of Equity provides example syllabi statements and language course instructors can use to inform the individuals participating in their classes or trainings of their reporting obligations. Example statements and language can be found on the Office of Equity website.

Non-Designated Employee FAQs

The purpose of this FAQ guide is to assist employees who have no reporting obligations under interim USU Policy 340 (non-designated employees) in responding to sexual misconduct disclosures. If you have obligations under interim USU Policy 340 (i.e., you are a reporting employee or designated confidential resource), these FAQs do not apply to you, but can help you better understand how non-designated employees are encouraged to respond to sexual misconduct disclosures.

Non-Designated Employee Overview Handout

Identifying Non-Designated Employees

Employees with obligations are identified in interim USU Procedures 340. Your designation is based on your current position and/or department within the university. If you are not listed as either a Reporting Employee or a Designated Confidential Resource, you are a non-designated employee who has no obligations under USU’s sexual misconduct policies.  

You will be notified by the Office of Equity if your designation changes. You can email prevention@usu.edu if you are unsure if you are a designated employee. 

Many non-designated employees are required to take an annual training that covers best practices for responding to a disclosure of sexual misconduct.

Review the employee training FAQs for more information about the training. 

Any non-designated employee that is not required to attend an annual training can still opt in to a training by emailing prevention@usu.edu.

Responding to a Sexual Misconduct Disclosure as a Non-Designated Employee

You cannot request supportive measures for another individual. You can direct them to the website where they can schedule an intake meeting to request supportive measures and support them while they schedule an intake. You can also direct the individual to visit an Office of Equity location in person (Distance Education room 400 in Logan) or call the Office of Equity at 435-797-1266 to schedule a meeting to access supportive measures.

If someone is in a dangerous situation, call 911 immediately. If you are concerned about someone’s well-being, you can seek additional support as appropriate.  

  • If it’s a physical emergency and someone needs immediate support, call 911.
  • If it's a mental health emergency and someone needs immediate support, call 988.
  • If you’re concerned for a student’s well-being, contact the CARE team by filing a student of concern report. Please remind the student about CAPS and ask if you want to connect them to their office. 
  • If you’re concerned for an employee’s well-being, contact Becca Seamons in Human Resources at becca.seamons@usu.edu.  
  • USU’s Sexual Respect website also contains contact information for local advocacy organizations (including USU’s SAAVI office) and various national and state crisis hotlines who can help someone safety plan.

If you are concerned about someone’s well-being after they disclose to you, you can check in on them or contact Becca Seamons in Human Resources (for employees) at becca.seamons@usu.edu or the CARE team (for students) so they can check in on them. 

When you check in on someone, be respectful and mindful of their boundaries. They may not be in a place where they want to talk about the incident. When an individual first discloses to you, you can ask the individual if they would like you to check on them and how and when they would like you to check on them. 

All employees have free and confidential access to the Sexual Assault and Anti-Violence Information Office (SAAVI) as a space to process your own experiences or someone else’s. You can also access the community resources listed on this website.

You should respect someone’s choices, even if that choice is not to access resources or report the incident. Everyone knows their own situation best, and it’s valid if resources or reporting aren’t best for them in the moment. Let them know you’re concerned about them, but you respect that they know best. Show them where they can access resources and share how they can contact you in the future if they change their mind.

You can help someone who experiences sexual misconduct, even if they don’t disclose to you directly. Upstanding strategies (direct, delegate, distract, delay, and document) can be effective tools to intervene before, during, or after harm occurs. 

One strategy may be contacting someone who does know the individual to ensure they have received information about support resources and reporting options.

Non-Designated Employee Reporting Obligations

No. While you can tell someone that you will generally keep what they tell you private, Designated Confidential Resources are the only employees who can keep sexual misconduct disclosures confidential under USU’s sexual misconduct policies.

Non-designated employees do not have reporting obligations under interim USU Policy 340. However, all employees are required to report child abuse and abuse of vulnerable adults to law enforcement and/or child protective services or adult protective services.

Yes. Reporting Employees are required to report information about sexual misconduct to the USU Title IX Coordinator, even if they learn about it from someone who is not a Reporting Employee or another third party. You should ask the individual before sharing information they disclosed about sexual misconduct to someone else. 

If an individual discloses information about sexual misconduct to you and you then tell a Reporting Employee that information, you should notify the individual who made the disclosure that their disclosure will be reported to the USU Title IX Coordinator by the Reporting Employee. 

Filing a Report as a Non-Designated Employee

Yes. You can help someone fill out a report to the USU Title IX Coordinator or fill out the report yourself if they ask you to.

If you don’t have access to the internet or a computer, you can call 435-797-1266 to file a report or visit: 

  • Blanding campus Office of Equity Prevention Specialist: Bradford Lee Technology Building 121  
  • Eastern campus Office of Equity Prevention/Supportive Measures Specialist: Reeves Building 173 (typically available Mon., Tues., Thurs.)
  • Logan campus Office of Equity: Distance Education 400

Yes. You are allowed to file anonymous reports about sexual misconduct incidents. However, anonymous reports do not always contain enough information to pursue an investigation that can lead to disciplinary action. If you choose to report anonymously, we encourage you to provide as much information as you can.

Yes. You will receive an automated email confirming you submitted a report if you include your email in the reporting form. The Office of Equity may contact you if they have additional questions related to the incident report.

Typically, you will not be notified about any actions the Office of Equity takes related to an incident report. The Office of Equity will contact the claimant (the person who experienced the sexual misconduct) and provide them information about support services, additional reporting options, and information about filing a formal complaint. 

You can learn more about how the Office of Equity responds to reports here or by viewing our annual report.

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