A breakdown of Title IX, USU

On Tuesday, Sept. 10, Utah State University released a response to the United States Department of Justice’s letter regarding USU’s “substantial non-compliance” to an agreement both parties made on Feb. 12, 2020. This agreement sought to correct the university’s violations of Title IX of the Education Amendments Act of 1972, more commonly known as Title IX.

The original agreement

The USU website pertaining to sexual respect explains the agreement, saying, “Utah State University signed a resolution with the U.S. Department of Justice on Feb. 12, 2020, after a review of the university’s response to reports of sexual misconduct involving students received between 2013 and
early 2017. This review found system-wide failures in USU’s processes to prevent and respond to sexual misconduct and echoed the findings of an internal review USU conducted in fall 2016.”

The site also says USU took responsibility for these failures and began implementing changes in fall 2016, most notably requiring Title IX training for staff and students and Upstander, a new bystander intervention program. In collaboration with the DOJ and community feedback, the Office of Equity created “updated policies and procedures [which] prohibit sexual misconduct in university programs and activities, address reporting requirements for USU employees and provide supportive measures and a grievance process for individuals who experience sexual misconduct in a university program or activity.”

In February 2023, updates were once again added to these policies with the DOJ’s approval, and the Office of Equity said there will most likely be more as changes are made to Title IX
regulations.

What steps have been taken

Utah State has taken several steps since the original reports began to highlight this issue in 2016, the most notable of which are increased training and staffing, along with policy changes.

The university requires students and employees to complete Title IX training every year. This training outlines sexual misconduct and how to help those who experience it. It also describes the resources available to those who experience it and informs reporting employees of their duties when reporting.

The Office of Equity now has 19 positions, compared to its original four. These include deputy Title IX coordinators and prevention and resource specialists. USU has also added resources for campus police to support victims, implemented several sexual misconduct surveys and released reports to better inform decisions regarding this problem.

Athletics dismissals

In a July press release regarding the termination of then head football coach Blake Anderson USU explained how the dismissals of several individuals in USU athletics resulted in their employment being dismissed from their roles. In July 2023, former USU President Noelle Cockett had the law firm Husch Blackwell conduct an independent review based on the USU Office of Equity and Office of Legal Affairs’s recommendations. This review sought to understand which employees were aware of allegations of sexual/criminal misconduct by a USU football player in spring 2023. It also clarified how and when they discovered the allegations and who they told. This investigation continued with the university presidential transition to Elizabeth Cantwell in August 2023. After this review, USU moved to terminate the employment of Blake Anderson, Jerry Bovee, Amy Crosbie and Austin Albrecht.

The DOJ Letter

The DOJ sent a letter to the university on Wednesday, Aug. 21, discussing the failures they’ve noted since monitoring the university’s compliance. DOJ Chief Shaheena Simons, Deputy Chief Amanda Dallo, and trial attorneys Victoria Lill, Brigid Benincasa and Christine Bischoff, along with Chief Amanda Berndt of the United States Attorney’s Office for the District of Utah signed the letter. In it, they said the most obvious examples of non-compliance were in the football program.

“Specifically, the University has failed to take prompt, equitable, and effective steps to remedy an ongoing hostile environment within its football program,” the letter stated.

The letter highlighted several discussions and meetings the DOJ had with university officials regarding this environment, specifically pointing out nine such letters and teleconferences.

However, these reminders did not seem to reform much, with the DOJ pointing out USU has not made policies or procedures regarding this.

“Four and a half years after our initial notice to the University of our findings regarding the football program, there continues to be alarming evidence of a pervasive, sexually hostile culture and climate within the football program and in (now former) senior leadership in the Athletics Department,” the DOJ wrote. “This environment has been allowed to grow and fester due to repeated ineffective, inequitable, and untimely responses by the University, including the OOE and the Athletics Department.”

Later in the letter, they gave details on specific incidents involving failure to report and player misconduct, including at Title IX training. The DOJ recognized there have been some steps to change but said more must be done.

“The Department acknowledges the work that USU has put into implementing the Agreement since it took effect in February of 2020 and notes that the University has taken several responsive steps since it received the June 5th Report,” the DOJ wrote. “Yet significant work remains to be done to address ongoing issues with USU’s response to Sexual Misconduct related to the Athletics Department, and the football program specifically.”

The university’s response

On Saturday, Sept. 7, USU sent a letter in response to the DOJ, where they agreed to continue improving their compliance. The letter was signed by Mica McKinney, senior vice president of legal affairs and general counsel for USU.

“While there is much to celebrate about the proud tradition of USU football and the talent and resilience of our student-athletes, USU acknowledges that culture and climate issues have persisted within this program since the execution of the Agreement,” USU wrote.

They shared efforts made by the Office of Equity to cultivate an improved culture.

“The Office of Equity has met with Athletics leadership and in that context has discussed strategies for sexual misconduct prevention and climate improvement,” the letter said. “The Office of Equity has also created targeted training to address climate concerns, including addressing misconceptions of issues of sexual misconduct. In addition, University leadership has sought to engage the Athletics Department to address climate issues proactively.”

They also gave more detailed information about each individual incident and laid out their plan to remedy the noncompliance. These plans include updating training materials, creating new procedures to respond to the culture issues in the football program, communicating with athletics staff and including them in the creation and delivery of Title IX training.

“USU has already taken a number of steps in response to the findings of the Husch Blackwell report, including terminating four employees and issuing strong public statements regarding the importance of USU’s Reporting Employee policy,” the letter said. “USU, including President Cantwell and the USU Board of Trustees, are committed to building a culture of accountability and to ensuring all University programs and activities are free from discrimination and harassment.”

The letter concluded with an invitation for the DOJ to provide feedback on the plan.

“USU welcomes the Department’s feedback on this response and the planned course of action for USU,” the letter said.