200.00 Discrimination Grievance Procedures
SECTION CONTENTS 200.00 Discrimination Grievance Procedures 210.00 Jurisdiction of the Human Resources | Affirmative Action Office (HR|AA) 220.00 Complainant's Right to File with Agencies Outside the University 230.00 University's Right to Initiate an Investigation 240.00 Deadlines 250.00 Remedial action
The discrimination grievance procedures apply to complaints alleging violations of federal and state civil rights laws, Board of Regents non-discrimination policies, Title IX of Education Amendments of 1972, and the Montana State University Nondiscrimination Policies, including complaints of sexual harassment, sexual violence, sexual misconduct and harassment based on 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, or status as a covered veteran.
For complaints alleging sexual violence or sexual misconduct, if the alleged perpetrator is a student, the Title IX Coordinator will direct that an investigation be undertaken by the Deputy Title IX Coordinator in the Dean of Students office or other designee to be conducted in accordance with Student Code of Conduct procedures.
These complaint procedures are internal to the University and have been adopted to provide:
- Impartial investigation of complaints alleging prohibited discrimination;
- Appropriate due process for any individual against whom a formal complaint of discrimination has been made; and
- Prompt and equitable resolution of complaints when prohibited discrimination has been confirmed.
Individuals may file either informal or formal complaints as outlined below.
210.00 Jurisdiction of the Human Resources | Affirmative Action Office (HR|AA)
The jurisdiction of the Office of HR|AA is limited to complaints of discrimination arising under the University's Nondiscrimination Policy, Title IX of Education Amendments of 1972 or any state or federal law or regulation prohibiting discrimination. The Office accepts complaints, investigates, issue findings, and makes recommendations for the remediation of complaints of discrimination filed by an individual or referred by a university official, agent or committee.
If, in the course of any university committee process, the committee identifies concerns about discrimination arising in the matter before it, the committee shall refer the discrimination concerns to the Office of HR|AA for consultation before acting on the matter.
220.00 Complainant's Right to File with Agencies Outside the University
Complainants may file complaints of discrimination directly with a state or federal government without filing a formal complaint with the University.
Complaints of discrimination may be filed with:
Montana Human Rights Bureau
1625 11th Avenue
PO Box 1728
Helena, MT 59624-1728
Voice: 406-444-2884
Toll free: 800-542-0807
U.S. Department of Education Office for Civil Rights
Seattle Office
915 Second Avenue, Room 3310
Seattle, WA 98174-1099
OCR.Seattle@ed.gov
Voice: 206-607-1600
Fax: 206-607-1601
TDD: 206-607-1647
EEOC
San Francisco District Office
350 The Embarcadero
Suite 500
San Francisco, CA 94105-1260
Phone: 1-800-669-4000
Fax: 415-625-5609
TTY: 1-800-669-6820
230.00 University's Right to Initiate an Investigation
The University may investigate a complaint of discrimination at any time if, in the opinion of the HR|AA Director, such action is warranted to resolve an incident of discrimination, even if no complaint has been filed. Unless otherwise specified, the investigation shall follow the procedures for the conduct of formal investigations described in Section 300.00 except that there will be no complainant.
240.00 Deadlines
The university will strive to complete investigations within sixty days from the date the charges were filed, unless good cause can be shown for the delay. The time needed to complete an investigation will vary depending on the complexity of the investigation and the severity and extent of the discrimination. If additional time to complete the investigation is required, notice shall be made in writing to all parties.
250.00 Remedial Action
Remedial action means the administrative steps taken to remedy a situation that has led to a complaint.
The purposes of remedial action are to:
- Prevent serious and immediate harm to the complainant and others;
- Prevent retaliation against the complainant, respondent and/or witnesses;
- End discriminatory or harassing behavior and prevent its recurrence; and
- Provide appropriate training in issues related to discrimination.
At any time during the complaint process, the HR|AA Director and/or other appropriate administrator may take appropriate remedial action to ensure that these purposes are achieved. Respondents may not appeal remedial actions.
Remedial action may include, but shall not be limited to:
- Altering the complainant's or respondent’s work or academic environment;
- Conducting workshops on discrimination or harassment for the unit, division or department;
- Meeting with the respondent and his or her supervisor(s) to discuss ways in which the behavior about which the complaint has been brought can be changed;
- Mediating or conciliating the complaint;
- Reassigning or transferring one or more of the parties to another course, advisor, work location or reporting relationship;
- Moving students to different rooms in the residence halls or to different halls;
- Transferring students or faculty to different course sections;
- Assigning alternate advisors, mentors, supervisors, or evaluators and providing academic support services such as tutoring;
- Issuing an informal, verbal reprimand;
- Providing counseling and medical services;
- Providing an escort to ensure that the complainant can move safely between classes and activities;
- Arranging for the complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant’s record;
- Suspending an employee with pay pending investigation;
The complainant shall be informed of any remedial action taken by the University.
