Pinner: USU continues to improve sexual misconduct policies and procedures

This week, the USU Office of Equity released updates to our policies and procedures that address sexual misconduct and discrimination. At Utah State University, our aim is to provide an inclusive and respectful learning and working environment. Our policies and procedures outline expectations for all university community members, as well as what happens when things go wrong.

Each individual in our community is bound by these policies and should understand what is expected of them. Students who violate the sexual misconduct policy could face disciplinary consequences, which could include required training, probation, or even expulsion. Employees who violate the policy could face disciplinary consequences up to and including termination of employment.

Affirmative Consent

Perhaps the most notable change in the new sexual misconduct policy is in the definition of consent for sexual activity. USU now defines consent as an affirmative agreement: an “informed, freely and actively given, mutually understandable exchange of unmistakable words or actions…”. This definition creates clear expectations for behavior while also reducing ambiguity for hearing panels when looking at sexual misconduct cases. Note this is not the same definition used in the state’s criminal code. An individual may be held accountable by the university for violating USU policy even if they are not held accountable under criminal law.

Sexual Exploitation

Sexual exploitation that occurs in an employment or education program or activity is now specifically covered as prohibited misconduct. It is defined as “taking non-consensual sexual advantage of another for one’s own advantage or benefit…”. Examples of sexual exploitation include taking or distributing images of nudity or sexual activity without the consent of the individual in the image. Again, consent must be affirmative by all individuals involved.

In addition to the above changes, revisions were made to the sexual misconduct and discrimination policies to create more consistency and a better understanding of how the administrative process works.

As you likely know from your annual training, many USU employees are required to report disclosures of sexual misconduct to the Title IX coordinator. In this policy update, the exceptions to required reporting were further narrowed in an effort to receive more reports. Reporting is vital to addressing sexual misconduct and preventing it from happening again.

If you or someone you know experiences sexual misconduct, I encourage you to seek help and report it to USU. Learn more about confidential resources and reporting options at sexualrespect.usu.edu.

As Aggies, it’s up to all of us to champion the change we want to see in our campus communities. It takes each of us to create a culture of respect and inclusion.

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USU’s new policies can be read in full at usu.edu/equity/policies-procedures.

Matt Pinner is the executive director of the USU Office of Equity. Matt enjoys working with faculty, staff, students, and the local community to promote USU’s diversity, equity, and inclusion efforts. When he is not working, Matt enjoys exploring Utah, travel, and spending time with his family. He can be reached at matthew.pinner@usu.edu or 435-797-1266. — matthew.pinner@usu.edu

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