Montana State University

300.00 Complaint and Investigation Procedures 

SECTION  CONTENTS

300.00  Filing a Complaint 
310.00  Investigation Procedures
320.00  Report of Findings
330.00  Appealing the Report of Findings
340.00  Disciplinary Action

300.00 Filing a Complaint

Any person who wishes to file a complaint of discrimination may do so by submitting the complaint to the Office of Office of Institutional Equity.  A complaint should contain the following:

  1. Detailed description of the alleged discriminatory conduct or incident(s), sexual harassment, sexual misconduct or sexual violence including dates, times, and location, whenever possible;
  2. Names of any witnesses to the alleged violation; and
  3. Documentation in support of the allegation(s).

OIE staff, the Title IX  or designees may assist the complainant in preparation of the complaint, identifying witnesses and clarifying the relief sought by the complainant.  The complainant may submit further evidence or additional information that may assist in the investigation at any time during the investigation.

The OIE Director may limit the complaint to the specific allegation(s) of discrimination over which the OIE has jurisdiction, and refer other allegations to the appropriate office, employee or committee.  The complainant shall be informed in writing of any limitations of the original complaint due to lack of jurisdiction.

Each complaint will be promptly investigated to determine what occurred. 

Upon receiving a complaint of sexual harassment, sexual misconduct or sexual violence involving students, the Title IX Coordinator, in coordination with the Dean of Students, may take immediate corrective actions, such as providing an escort to ensure that the complainant can move safely between classes and activities, and arranging for the complainant to re-take a course or withdraw form a class without penalty or adversely affecting the complainant’s academic record.  The complaining student will be encouraged to seek additional support services from the VOICE Center, the University Police, Counseling & Psychological Services, Student Health Services and other community resources that may be available.

310.00 Investigation Procedures

The parties have the right to an adequate, reliable and impartial investigation, the right to an equal opportunity to identify witnesses and supporting evidence and the right to appeal.  Each complaint will be promptly investigated to determine what occurred. 
The parties will be notified of the time frame for the investigation, the outcome of the investigation and the right to file an appeal.  The parties will be provided with a status update of the investigation after approximately 30 days if the investigation is not completed. The investigation will be completed in 60 calendar days in most cases as provided in section 230.00.
The respondent shall receive a written Notice of the Complaint.   A summary of the allegations of the complaint will be submitted with the notice.   The respondent will have the opportunity to respond to the allegation(s) during interviews with the investigator and respondent may submit a written response, names of witnesses and documentary evidence at the interview or at any time during the investigation.  The complainant may provide names of witnesses and additional materials at any time during the investigation.
The parties are expected to cooperate with the investigation, present documentation on his or her behalf, and identify witnesses to the incident(s) giving rise to the complaint. The  OIE Director may investigate or assign a representative to investigate the complaint.  Once the investigator has been appointed:

  1. The investigator shall consult with the complainant to review the complaint, clarify the allegations, discuss desired outcomes from the investigation and obtain detailed information about the allegation(s).  
  2. The investigator shall inform the respondent of the complaint, and summarize the allegation(s) to be investigated.
  3. The investigator shall collect and review written documents related to the complaint, interview the complainant and respondent, identify and interview witnesses, and collect such other evidence as may be relevant to the investigation.
  4. Upon completion of the investigation, the investigator shall prepare a written report.
The Complainant and the Respondent have the right to have an attorney or non-attorney advisor present during interviews with the investigator, at their own expense.  Advisors may be present only to advise the parties; they may not participate directly in the interview or other proceedings.

320.00 Report of Findings

The Report of Findings will:

  1. Present the contentions of the parties;
  2. Summarize the general testimony of witnesses, if any;
  3. Determine whether the allegation(s) of the complaint are supported by the preponderance of credible evidence;
  4. Determine if other University policies have been violated; and
  5. If appropriate, recommend disciplinary and/or remedial action.

  Each party will be provided with a copy of the report, subject to the protection of confidentiality as may be appropriate under the circumstances.

330.00 Appealing the Report of Findings

If the investigator finds there was no violation of university policy, the case shall be closed unless the complainant disputes the finding, in which case, he or she may appeal to the President within ten (10) business days of receipt of the report. If either party disputes the findings, he or she may appeal to the President within ten (10) business days of receipt of the report.  The appeal shall identify the specific findings that the appellant disputes and an explanation of the reasons each finding is disputed. If neither party appeals, the report of findings will be the final University decision.

Upon completion of the appeal in any case that results in a finding that there was a violation of university policy, the matter will be referred to the appropriate parties for disciplinary and/or remedial action. 

340.00 Disciplinary Action

Disciplinary action may result from findings of  violations of university policies and may be imposed by the appropriate administrator or supervisor after the time for appeal has elapsed or the appeal process is completed. If the respondent is a student, the matter will be referred to the Dean of Students who will meet with the respondent and complainant and determine the appropriate disciplinary sanction to be imposed, up to and including expulsion from the university. An employee respondent may grieve any disciplinary action imposed through the grievance procedures applicable to his or her employment status.  In such a case, only the nature and appropriateness of the disciplinary action may be grieved. 

The Report of Findings (or the decision on appeal of the Report of Findings, if applicable) is the final University decision on the issue of whether violation of university policy occurred.  The Dean of Students,  or applicable grievance body may receive a copy of the Report of Findings and any decision after an appeal, but may not re-investigate, re-hear the appeal or make any changes to the Report.

The parties will be notified in writing if a sanction has been imposed and will be advised of the nature of the sanction imposed against the respondent as allowed under the state and federal privacy laws.