SECTION CONTENTS 100.00 Non-Discrimination Policies 110.00 Title IX of Education Amendments of 1972 120.00 Sexual Harassment and Sexual Intimidation 130.00 Sexual Misconduct Definitions 140.00 Reporting Sexual Harassment and Sexual Misconduct 150.00 Sexually Explicit Materials in the Workplace 160.00 Disability Non-Discrimination 170.00 Retaliation 180.00 Consensual Relationships 190.00 Discrimination and Harassment Training
Montana State University does not discriminate on the basis of race, color, ethnicity, national origin, sex, sexual orientation or preference, marital or parental status, age, religion, creed or political belief, mental or physical handicap or disability, genetic information, or status as a covered veteran in admission, access to, or conduct of our educational programs and activities or in our employment policies and practices.
Montana State University is committed to providing a working environment for all employees and an educational environment for all students that supports and rewards career and academic goals on the basis of ability and work or academic performance. Harassment based on race, color, ethnicity, national origin, marital or parental status religion, sex, gender, sexual orientation or preference, age, disability, genetic information, or veteran status is a form of discrimination and is prohibited.
The University is committed to taking positive and effective actions in the recruitment, hiring, training, and promotion of persons in all classes of employment to help overcome the present effects of past discrimination and increase opportunities for qualified women and minorities, persons with disabilities, and covered veterans. In addition, Montana State University assumes particular responsibility for providing opportunities for education and training for the state's Native American peoples in the various disciplines and professions that are characteristic of this land-grant university.
Any student, employee, applicant for employment or admission, participant in University activities or other person who believes he or she was subject to discrimination in violation of the policies of the university may file a grievance under the university Discrimination Grievance Procedures (Section 200.00 of this policy).
110.00 Title IX of Education Amendments of 1972
Title IX and its implementing regulation, at 34 C.F.R. § 106.31 (a), provide that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the university.
Sexual harassment is a form of sex discrimination prohibited by Title IX. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and sexual violence, including rape, sexual assault, sexual coercion or other sexual misconduct as outlined in Section 120.00 and 130.00.
Any student, faculty or staff member with questions or concerns about sex discrimination or sexual harassment or who believes that he or she has been the victim of sex discrimination or sexual harassment may contact the Title IX Coordinator for assistance. The Title IX Coordinator is available to discuss options, explain university policies and procedures, and provide education on relevant issues.
The Title IX Coordinator is:
Diane Letendre
Montana State University
P.O. Box 172430
Bozeman, MT 59717-2430
Tel: (406) 994-2042
Fax: (406) 994-7999
E-mail: dletendre@montana.edu
Location: 118 Hamilton Hall
120.00 Sexual Harassment and Sexual Intimidation
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexual misconduct, and other physical or verbal conduct of a sexual nature, when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of academic participation or activity, educational advancement, or employment;
- Submission to or rejection of such conduct by and individual is used as the basis for employment or academic decisions that affect the individual;
- Such conduct is so pervasive or severe that it has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or limiting participation in University programs; or
- The intent or effect of such pervasive or severe conduct is to create an intimidating, hostile, or offensive academic or work environment.
Sexual Intimidation includes any unreasonable behavior, verbal or nonverbal, which has the effect of subjecting members of either sex to humiliation, embarrassment, or discomfort because of their gender.
130.00 Sexual Misconduct
A. For purposes of this policy, sexual misconduct is any non-consensual physical contact of a sexual nature, including sexual intercourse without consent (rape); sexual assault and any other forms of sexual violence. Sexual misconduct may vary in its severity and consists of a range of behavior(s) or attempted behaviors that may be grounds for action under University policy.
B. Prohibited Sexual Misconduct includes:
- Sexual Intercourse without Consent: Unwilling or nonconsensual sexual penetration (anal, oral or vagina), however slight, with any object or body part that is committed either by force, threat, intimidation or through exploitation of another’s mental or physical condition of which the perpetrator was aware or should have been aware.
- Sexual Assault: Unwilling or nonconsensual sexual contact.
- Sexual contact includes: 1) intentional contact with the breasts, buttock, groin or genitals or touching another with any of these body parts; 2) making another touch the perpetrator or themselves with or on any of these body parts; 3) any other intentional bodily contact in a sexual manner, , including contact by a penis, tongue or finger, and oral copulation (mouth to genital contact or genital to mouth contact).
C. Sexual Exploitation/Coercion: Taking nonconsensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited or coerced . Examples of sexual exploitation/coercion includes, but are not limited to:
- Relationship violence (intimate relationship violence or domestic abuse)
- Prostituting another person
- Nonconsensual video or audiotaping of sexual activity
- Going beyond the boundaries of consent (such as letting friends hid in the closet to watch sexual intercourse)
- Engaging in voyeurism
- Unwilling or nonconsensual sexual activity that arises from the use of verbal pressure or misuse of authority. Knowingly transmitting an STD or HIV to another person.
D. Consent: Consent is an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be informed, freely and actively given. The lack of a negative response is not consent. An individual incapacitated by alcohol and/or drugs whether voluntarily or involuntarily consumed may not give consent. Effective consent also cannot be given by minors, or mentally disabled.
140.00 Reporting Sexual Harassment and Sexual Misconduct
Complainants. Students, staff or faculty who believe they have been sexually harassed [Section 120] or have been the victim of sexual misconduct [Section 130] may file a report with the Title IX Coordinator.
Mandatory Reporting for Employees. Any employee of the university who is informed of an allegation of sexual harassment or sexual misconduct involving a student must promptly notify the Title IX Coordinator. Campus employees serving in certain professional roles which enjoy a statutory privilege are not required to disclose information which is privileged under Montana law (e.g., medical providers, licensed professional counselors, rape crisis counselors). Therefore, to the extent that these employees receive information in connection with the performance of their professional responsibilities, they are not required to report under this section unless otherwise required to do so by law. [Ref. §§ 27-1-1102, MCA and 50-16-530, MCA] Persons may file a report using the online Title IX report form.
The Title IX Coordinator is:
Diane Letendre, Director
Office of Institutional Equity
Montana State University
P.O. Box 172430
Bozeman, MT 59717-2430Tel: (406) 994-2042
Fax: (406) 994-7999
E-mail: dletendre@montana.edu
Location: 118 Hamilton Hall
Upon receipt of a report, the Title IX Coordinator, or designee, will promptly investigate in accordance with section 200.00 et seq. The Title IX coordinator will initiate actions to ensure that the educational and work environment is free of discrimination which includes stopping any harassment or sexual misconduct and preventing is reoccurrence. Additionally, the Title IX Coordinator shall take such steps as may be appropriate to remedy its effects.
Employees and students are expected to cooperate in investigations of complaints of discrimination. Failure to cooperate may result in disciplinary action.
150.00 Sexually Explicit Materials in the Workplace
In keeping with the University's policy on sexual harassment, Montana State University desires to create a working environment for employees and a learning environment for students which is free of sexual harassment and intimidation. Materials such as calendars, posters, post cards, photographs and cartoons that contain sexually explicit images or language can create an intimidating, hostile or offensive environment and may subject persons of either sex to humiliation, embarrassment or discomfort because of their gender. Such materials are inappropriate and should be removed from the workplace.
This policy applies to space provided by the University for the conduct of its business such as offices, shops, classrooms, hallways, lounges and study carrels.
This policy does not apply to: (1) libraries, resource rooms, or research collections; (2) materials related to course content or assignments used in the educational setting; (3) displays and exhibits in galleries and museums, or (4) private rooms or family housing units rented from the University.
160.00 Disability Non-discrimination
The University is committed to eliminating disability-based discrimination against qualified persons with disabilities and making reasonable accommodation for any known disability that interferes with an applicant's ability to compete in a selection process, an employee's ability to perform the essential functions of a job, a student's ability to meet the essential requirements of an academic program, or a person's ability to benefit from a University service or participate in a University sponsored or hosted event. Discrimination on the basis of disability is prohibited.
Applicants, employees, students or participants with a disability seeking an accommodation shall contact the appropriate person identified under the university’s Access for People with Disabilities.
170.00 Retaliation
Retaliation against persons who file complaints,r serve as witnesses or otherwise participate in an investigation of a complaint of discrimination is a form of discrimination and is prohibited.
180.00 Consensual Relationships
A consensual romantic relationship in which one party is in a position to evaluate the work of the other is a potential conflict of interest. When such a potential conflict of interest results between employees or an employee and a student, the employee shall promptly disclose the potential conflict of interest to his or her supervisor. The supervisor and the employee shall take steps to ensure that there is no conflict of interest.
The employee's failure to promptly disclose such a potential conflict of interest may require appropriate resolution, including discipline.
190.00 Discrimination and Harassment Training
To educate staff and faculty on the importance of non-discrimination and the prevention of sexual harassment in the work environment and classroom, each Montana State University campus requires all employees (faculty, all Graduate Teaching Assistants, Graduate Research Assistants, Administrators and staff members) to complete discrimination and harassment prevention training on a biennial basis.
All new employees and Graduate Teaching Assistants and Graduate Research Assistants are required to complete the online training program (or an equivalent training program approved by Office of Institutional Equity (OIE) or Human Resources) within the first 45 days of employment. Temporary employees and student employees may be required to complete the training program at the discretion of OIE or Human Resources and/or in conjunction with the department of hire.
Supervisors shall support the employee in providing a reasonable amount of work time for the employee to complete the training program. Training programs can be selected from resources such as online programs, presentations or self-study options as determined and pre-approved by administration and/or Office of Institutional Equity or Human Resources.
