Utah State University responds to ‘notice of non-compliance’ from Department of Justice

LOGAN, Utah ( ABC4 ) — Utah State University issued a response to the Department of Justice after it was found to be “non-compliant” with a 2020 resolution agreement over violations of Title IX.

On Aug. 21, the Department of Justice found USU failed to take “prompt, equitable, and effective steps to remedy an ongoing hostile environment within its football program.” The DOJ had previously found what it called “pervasive harassment” within the football program that had gone unaddressed by the university. Years later, the DOJ said there continues to be alarming evidence of a pervasive, sexually hostile culture in USU’s football program.

“This environment has been allowed to grow and fester due to repeated ineffective, inequitable, and untimely response by the university, including the [University’s Office of Equity] and the Athletics Department,” the DOJ wrote in its notice.

In response, Utah State University said it acknowledges and shares DOJ’s concerns . USU President Elizabeth Cantwell said the administration will take all necessary steps to create an enduring culture of respect within the university and especially within the football program.

“Our students, staff, and faculty, have put an enormous amount of work into making USU better, with a culture we can all be proud of,” Cantwell said in response. “We will build on those accomplishments. We will fully ensure that our whole community not only knows our policies and state and federal law, but respects and are held accountable for them.”

USU has been on the DOJ’s radar since 2017 when stories broke of sexual assault by some in the USU football program as well as in fraternities and sororities at the school. The DOJ reviewed the university’s response to these allegations between 2013 and 2017 and found “numerous systemwide failures.”

The review led to a resolution agreement in February 2020 wherein the University would update policies, provide training, build relationships with local law enforcement, and build a better environment on campus.

USU Vice President and Athletics Director Diana Sabau said the DOJ’s notice provided a “renewed opportunity” for leaders and coaches in the Athletics department to engage with university partners to create a respectful culture.

“This will benefit our entire campus, especially our student-athletes, who are already contributing positively to the Cache Valley community,” said Sabau.

USU officials outlined six steps they say have already been put into motion. These include:

• Updating training materials to emphasize a prohibition on employees from conducting their own investigations on sexual misconduct.
• Developing an internal protocol to help the Office of Equity in identifying and remedying culture and climate issues.
• Facilitating direct and prompt communications between the Office of Equity and Athletics staff.
• Engaging Athletics leadership in the development and delivery of training for staff and student-athletes.
• Ensuring leaders of the football program send a clear, consistent, and firm message that sexual misconduct will not be tolerated.
• Establishing criteria and a process for determining appropriate interim measures and updating the student-athlete handbook to ensure a consistent Athletics-based response to arrests for criminal conduct.

More than a month before USU received the notice of non-compliance from the DOJ, it had already announced its intent to terminate football head coach Blake Anderson . Anderson was officially let go from his position just two weeks later on July 18. Anderson was reportedly fired after pursuing an internal investigation following the arrest of an Aggies football player for an alleged sexual assault and failing to properly report the case.

USU also fired Associate Vice President Jerry Bovee, Associate Athletics Director Amy Crosbie, and Deputy Athletic Director of External Affairs Austin Albrecht.

Anderson later announced he planned to sue Utah State University , alleging a breach of contract and wrongful termination.

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