Utah State releases updated sexual misconduct policy after Title IX changes

Utah State University

(Faith Heaton Jolley, KSL.com, File)


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LOGAN — A new Utah State University policy gives victims of sexual misconduct another option for resolving cases that officials hope will encourage more students to report incidents.

The option, which was detailed by university leadership Thursday on an interim policy on sexual misconduct, will allow students to pursue an informal resolution, if desired, in addition to the formal complaint and investigation route already available.

"This new policy clarifies expectations for conduct for everyone in our university community, provides greater autonomy and more options for those who experience sexual misconduct, and lays out clear consequences for those whose conduct violates policy," the university said in a statement.

Alison Adams-Perlac, executive director of the Utah State Office of Equity, said the informal resolution route may be used when "both parties agree they can reach decisions together about what they want decided in their case," including possible trainings and other options.

"Our former process did not allow for an informal resolution, so this is a pretty big shift," Adams-Perlac said. "It did require either a formal investigation, or individuals could get support and resources through our office if they didn't want to pursue formally."

Those resources are still available for all students through the Office of Equity, she added, regardless of where alleged misconduct took place or whether the student wants to pursue a complaint. The university has created a new position, the supportive measures specialist, specifically designed to provide academic, safety and other supports to students during the misconduct reporting process.

Adams-Perlac said the policy changes were initiated mostly by recent changes to federal Title IX regulations, as well as by the university's settlement with the U.S. Department of Justice over past allegations of inadequate response to sexual misconduct.

The university said it has made "numerous system-wide changes to improve prevention efforts and response services" since then. Adams-Perlac said there are several other changes in the new university policy beyond the informal resolution option.

"In line with (Title IX), we have updated our definitions of sexual misconduct, including relationship violence, sexual assault, stalking and sexual harassment." She added there is also a requirement that both involved parties be present for live hearings during formal investigations.

"We also have some changes to the university's ability to respond to allegations of sexual misconduct," Adams-Perlac said. "Those may be more limited when the incidents occurred off-campus."

The federal government revamped some aspects of its Title IX guidance last year under the direction of former U.S. Education Secretary Betsy DeVos. DeVos maintained the guidance was meant to protect due process rights for all parties involved; some advocates say the rules give unfair advantages to the accused.

Adams-Perlac said she expects the university's sexual misconduct policy to be finalized sometime later this year.

"While we are encouraged by the progress our campus community has made, as an institution, we recognize that there is still more work to do," the release says. "For those who may not have received the support and response they should have, USU expresses its sincere apology. All of us owe a great debt of gratitude to those survivors who courageously shared their own stories so we could do better for our whole community."

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Graham Dudley reports on politics, breaking news and more for KSL.com. A native Texan, Graham's work has previously appeared in the Brownwood (Texas) Bulletin and The Oklahoma Daily.
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