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> MSU Policy and Procedures > Nondiscrimination Policy and Procedures
For the purposes of this Manual, the terms below have the following associated definitions:
“Affirmative Action” means the activities the University undertakes to guarantee equal opportunity, overcome the continuing effects of past discrimination, prevent present and future discrimination, and promote opportunities for qualified women and minorities, persons with disabilities, and Vietnam era and disabled veterans as required by federal regulations.
“Appeals Committee” means the ad hoc committee to which a respondent may appeal findings of reasonable cause in a Report of Findings.
"Complaint/Discrimination Complaint” means a formal or informal statement of facts and circumstances that a complainant believes constitutes a violation of the University's Nondiscrimination/Affirmative Action Policy; any federal or state civil rights law; or any regulation, contractual provision, or University policy that imposes nondiscrimination requirements upon the institution and its representatives.
"Complainant" is the individual bringing a formal or informal complaint of discrimination under these policies and procedures.
“Consensual Relationship” means an intimate, personal relationship between consenting adults.
"Corrective Action" means the administrative steps taken to remedy a set of circumstances about which a complaint has been filed, stop alleged discriminatory behavior, preclude the recurrence of discriminatory actions, and prevent retaliation.
“Covered Veteran” means a veteran who is protected from discrimination by state and federal law, including recently separated veterans, special disabled veterans, veterans of the Vietnam era, and other protected veterans.
"Disciplinary Action" means any steps taken to reprimand a respondent for inappropriate or impermissible behavior which has violated University policy and/or to preclude or prevent further acts of discrimination.
"Effective Date" means the date a complaint becomes effective as designated by the Human Resources/Affirmative Action Director and communicated to the parties to a complaint in the Notice of the Complaint.
"Employee" is any person who contracts with or is employed by the University.
"Equal Opportunity" means providing opportunities regardless of race, color, national origin, sex, sexual orientation or preference, marital or parental status, age, religion, creed or political belief, mental or physical disability, or status as a special disabled veteran, veteran of the Vietnam era, recently separated veteran, or other protected veteran. [http://www.dol.gov/esa/regs/fedreg/final/2005023403.htm]
"Faculty/Faculty Member" is an employee engaged in the teaching, research, and/or service mission of the University who has academic rank appropriate to her or his academic preparation and expertise including, for the purposes of this policy only, anyone employed as a graduate assistant.
“Harassment/Impermissible Harassment” means unwelcome conduct of a verbal, physical, textual, or graphic nature relating to an individual’s race, color, ethnicity, national origin, age, disability, religion, creed, or political belief, or veteran’s status that:
- Has the purpose or effect of creating an intimidating, hostile or offensive working environment;
- Has the purpose or effect of unreasonably interfering with an individual's work performance; or
- Otherwise adversely affects an individual's employment opportunities.
"Formal Complaint" means a signed and dated written statement of allegations of discrimination, including illegal harassment, submitted to the Human Resources/Affirmative Action Office.
“Hearings Officer” is a person appointed by the President to conduct an appeals hearing for the university or to chair the Appeals Committee, sitting as a body, as it hear a respondent/appellant’s appeal of a reasonable cause finding.
"Hispanic or Latino" is a person of Cuban, Mexican, Puerto Rican, Cuban, South or Central American, or other Spanish culture or origin, regardless of race. [http://www.whitehouse.gov/omb/fedreg/ombdir15.html]
"Human Resources/Affirmative Action (HR/AA) Office" is the office responsible for the University's compliance with state and federal civil rights laws and related Board of Regents and University policies. The Office is authorized by the President to investigate complaints of prohibited discrimination, including but not limited to sexual harassment and harassment based on race, color, national origin, gender, religion, age, disability, or other protected characteristic.
"Informal Complaint" means an oral or written statement alleging discrimination which is discussed with an authorized representative of the University and/or referred to the HR/AA Office.
"Investigator" is the individual assigned by the Human Resources/Affirmative Action Director to investigate formal complaints of discrimination.
"Minority" is, for the purpose of this policy, a person who is American Indian or Alaskan Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, or a person whose ethnicity is Hispanic or Latino, regardless of race.
“Native Hawaiian or Other Pacific Islander” is a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. [http://www.whitehouse.gov/omb/fedreg/ombdir15.html]
“Nepotism” means participating in decisions which would involve a direct benefit or detriment to a relative as defined by state law and University policy. [MSU Personnel Policies and Procedures Manual, Section 430]
“Notice of Complaint” means the document sent to the parties to a formal complaint of discrimination that notifies the respondent of the complaint, sets the effective date of the complaint, identifies the allegations, establishes the jurisdiction of the HR/AA Office, names the investigator, and references these procedures. As appropriate to the complaint, the Notice may also warn parties against having further contact with each other, retaliating against each other or against witnesses, or violating the confidentiality of the other party.
“Other Protected Veteran” is a person who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized, under laws administered by the Department of Defense. [http://www.dol.gov/esa/regs/fedreg/final/2005023403.htm.]
"Participant" is a person who participates or seeks to participate in any program or service of the University.
"Person with a Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; having a record of such an impairment; or being regarded as having such an impairment. "Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. [http://www.usdoj.gov/crt/ada/reg2.html#35.104.]
"Protected Class” means women, persons of specified race (American Indian or Alaskan Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander), and/or ethnic groups (Hispanic or Latino, regardless of race), persons with disabilities, and covered veterans, as defined by federal regulations.
"Reasonable Cause" means grounds to find, based upon a preponderance of the substantial, credible evidence, that a violation of University policy has occurred, a person has been detrimentally affected by the conduct, and the conduct would have detrimentally affected a reasonable person under the same circumstances, as evaluated by the reasonable person.
“Recently Separated Veteran” is any veteran during the one-year period beginning on the date of such veteran's discharge or release from active duty. [http://www.dol.gov/esa/regs/fedreg/final/2005023403.htm]
"Report of the Appeals Committee" means the report prepared by the Appeals Committee after a hearing has been conducted.
"Report of Findings" means the report prepared by the HR/AA Office which summarizes the investigation of a formal complaint of discrimination, finds whether there is reasonable cause to conclude prohibited discrimination occurred, and makes recommendations for corrective and/or disciplinary action.
"Respondent" means the individual against whom a formal complaint of discrimination is filed. “Respondent/Appellant” is a respondent who is appealing a finding of reasonable cause.
“Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that constitute sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
"Sexual Preference/Sexual Orientation" means having a preference for or orientation to heterosexuality, homosexuality, or abstinence, having a history of such an orientation, or being identified with such an orientation.
"Special Disabled Veteran" is a person who is entitled to compensation under laws administered by the Department of Veterans Affairs for a disability rated at 30 percent or more; or, rated at 10 or 20 percent, if it has been determined that the individual has a serious employment disability; or a person who was discharged or released from active duty because of a service-connected disability. [http://www.dol.gov/esa/regs/fedreg/final/2005023403.htm]
"Staff," for the purpose of this policy only, means any individual who is employed by Montana State University, including graduate research assistants but excluding student labor.
"Student," for the purpose of this policy only, is any individual enrolled in a course or program of study at Montana State University, including “student labor” and student interns.
"Veteran of the Vietnam Era" is a person who:
- Served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released with other than a dishonorable discharge;
- Was discharged or released from active duty for a service connected disability if any part of such active duty was performed between August 5, 1964 and May 7, 1975; or
- Served on active duty for more than 180 days and served in the Republic of Vietnam between February 28, 1961 and May 7, 1975. [http://www.dol.gov/esa/regs/fedreg/final/2005023403.htm]
“Veteran’s Status” means status as a Recently Separated Veteran, Special Disabled Veteran, Veteran of the Vietnam Era, or Other Protected Veteran as defined by federal law.
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