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> MSU Policy and Procedures > Nondiscrimination Policy and Procedures
SECTION CONTENTS
200.00 Policy
Sexual Harassment and Sexual Intimidation
Sexually Explicit Materials in the Workplace
Consensual Relationships
Accommodation for Persons with Disabilities
200.00 Policy
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, 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 an academic and work environment free of discrimination. Harassment based on race, color, ethnicity, national origin, marital or parental status religion, sex, gender, sexual orientation or preference, age, disability, 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.
Employees or students who commit and/or supervisors who knowingly condone or fail to report incidents of discrimination are subject to disciplinary actions when instances of discrimination are identified and confirmed. Knowingly filing false complaints of discrimination or knowingly providing false testimony may likewise result in disciplinary or corrective action when instances of such conduct are identified and confirmed. Retaliation against persons who file complaints or serve as witnesses is also a violation of laws prohibiting discrimination and will lead to appropriate disciplinary action against offenders when instances of such conduct are identified and confirmed.
Montana State University affords any student, employee, applicant for employment or admission, participant in University activities or other person who believes he or she was discriminated against by the University, the right to file a grievance on grounds of discrimination. As a condition of their employment and enrollment, employees and students are expected to cooperate in investigations of complaints of discrimination. Failure to cooperate will result in disciplinary action.
Complaints of discrimination, including harassment, on the basis of race, color, ethnicity, national origin, sex, gender, sexual orientation or preference, religion, age, disability or veteran’s status should be reported to the immediate supervisor, the senior unit or department administrator, and/or Human Resources/Affirmative Action Office.
Sexual Harassment and Sexual Intimidation
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made implicitly or explicitly a term or condition of an individual's employment or education;
- Submission to or rejection of such conduct is used as a basis for employment or educational decisions; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or of creating an intimidating, hostile, or offensive 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.
Sexual harassment is a form of sex discrimination and is prohibited by state and federal nondiscrimination laws. Sexual intimidation in education is prohibited by state rules.
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.
Consensual Relationships (Same as Faculty Handbook, Section 445 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 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 disclose such a potential conflict of interest may require appropriate resolution.
Accommodation for Persons with Disabilities
The University is committed to eliminating disability-based discrimination against qualified persons with disabilities and to making appropriate 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.
All applicants, employees, students or participants, including those with disabilities, are expected to be able to perform the essential functions of the position or program, with or without reasonable accommodation. It is the responsibility of the applicant, employee, student or participant with a disability to inform the appropriate person, as indicated below, that an accommodation is needed.
To request accommodation in:
- A job application or interview process, contact:
The hiring authority or chair of the search committee of the search, as indicated on the vacancy announcement;
HR/Personnel (406-994-3651) if the position is for classified employment; or
HR/Affirmative Action (406-994-2042) if the position is for faculty or contract professional employment.
- Employment, including concerns about job duties, contact the direct supervisor.
- Applying for admission to the University, contact:
The Director of Admissions and New Student Services, (406-994-2452), if applying for undergraduate admissions.
The Dean of Graduate Studies, (406-994-4145), if applying for graduate admissions.
- Applying for housing or to request housing accommodation, contact:
Residence Life and University Food Service (406-994-2661), if applying for housing in the residence halls.
Family Housing (406-994-3730), if applying for family or graduate housing.
- An academic program or requirement, class, or other educational opportunity or activity, contact:
- Disabled, Reentry, and Veteran’s Services Room #155 Strand Union Building, (406-994-2824).
- A student who desires accommodation for a disability must submit appropriate documentation of the disability and request for accommodations to the above address.
- Public accommodation or accommodation to participate in a University sponsored or hosted event, contact the event sponsor or the University Compliance Officer (406-994-2042).
AT&T’s Operator Service for TTY is 1-800-855-1155.
University Compliance Officer
The office responsible for the University's compliance efforts is the:
Human Resources/ Affirmative Action Officer
Montana State University
Suite 7 Hamilton Hall
P.O. Box 172430
Bozeman, MT 59717-2430
Phone: 406-994-2042
Fax: 406-994-7999
Email: hraa@montana.edu
A confidential drop box is located in the Northeast corner of the ground floor of Hamilton Hall.
Alternate Formats
This and other University policies and procedures are available in alternate formats upon request to the address above.
Availability of Procedures
The procedures for complaint adjudication are available in Sections 300-600 of the Nondiscrimination Policy and Procedures document at: http://www2.montana.edu/policy/affirmative_action/.
References
Civil Rights Acts of 1866 and 1871.
Titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d).
Civil Rights Restoration Act of 1988.
Civil Rights Act of 1991.
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
Equal Pay Act of 1963.
Equity in Athletics Disclosure Act of 1994.
Age Discrimination in Employment Act of 1975, as amended (29 U.S.C. 621).
Americans with Disabilities Act of 1990.
Sections 503 and 504 of the Rehabilitation Act of 1972 (29 U.S.C. 794).
Vietnam Era Veteran's Readjustment Act of 1974 as amended.
Montana Veteran's Employment Preference Act.
Montana Human Rights Act.
Executive Orders 11246 as amended by Executive Order 11375 and 12086 and implemented by Revised Order 4.
Montana Board of Regents of Higher Education, Policy and Procedures Manual, Sections 703 and 1902.
Fair Housing Act 942 VSC 360 1 et seq.
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