SECTION CONTENTS 300.00 Discrimination Complaint Procedures 310.00 Meeting with HR|AA 320.00 Responsibilities of University Faculty, Students and Staff 330.00 Formal Complaint Procedures 340.00 Confidentiality 350.00 Investigation Procedures 360.00 Report of Findings 370.00 Appealing the Report of Findings 380.00 Disciplinary Action
310.00 Meeting with HR|AA
Any person with concerns about discrimination may meet informally with HR|AA staff to discuss options available for dealing with those concerns. HR|AA staff will discuss formal and informal strategies for eliminating the discrimination and explain the university’s discrimination grievance procedures. Any person who believes they have been discriminated against in violation of university policy may elect to file a formal written complaint (see Section 330.00 of this policy) at any time
320.00 Responsibilities of University Faculty, Students and Staff
Individuals who experience discrimination and harassment may choose to discuss their experiences with a trusted advisor, professor, Dean of Students or other administrator rather than with HR|AA staff. Complaints of sexual harassment, sexual misconduct, sexual violence and discrimination should not be referred back to the offending party. Instead, anyone who receives information about discrimination or sexual harassment, sexual misconduct or sexual violence should promptly report the matter to the Office of HR|AA (406-994-2042) [hraa@montana.edu].
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.
Employees and students are expected to cooperate in investigations of complaints of discrimination. Failure to cooperate may result in disciplinary action.
330.00 Formal Complaint Procedures
Any person who wishes to file a formal complaint of discrimination may do so by submitting the complaint in writing to the Office of HR|AA. Complaints of discrimination will be investigated by an authorized representative of the University.
A complaint should contain the following:
- Detailed description of the alleged discriminatory conduct or incident(s), sexual harassment, sexual misconduct or sexual violence including dates, times, and location, whenever possible;
- Names of any witnesses to the alleged violation; and
- Documentation in support of the allegation(s).
HR|AA staff, the Title IX Coordinator and/or Deputy Title IX Coordinator(s) 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 HR|AA Director may limit the complaint to the specific allegation(s) of discrimination over which the Office of HR|AA 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.
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 may submit a written response and documentary evidence at the interview or at any time after the interview.
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.
340.00 Confidentiality
The University will treat information received and collected during an investigation as confidential to the extent possible. The HR|AA Director, Title IX Coordinator or Deputy Title IX Coordinator(s) and staff shall disclose confidential information to the complainant, the respondent, potential witnesses, appropriate supervisors and administrators and other university official or agents only as necessary to: (1) give the respondent fair notice of the charges, (2) conduct a thorough investigation, and (3) take any appropriate remedial or disciplinary action.
Confidential information may also be disclosed to:
- University officials who have a need to review the report to perform official University business including taking remedial and/or disciplinary action;
- Attorneys for the complainant and respondent;
- Officials of the Montana University System, the Montana Board of Regents of Higher Education or other duly constituted board.
- As necessary to respond to litigation or formal investigation of a complaint filed or appealed to the Board of Regents, State and federal agencies and the court.
If any information to be disclosed includes education records under the Federal Education Rights and Privacy Act, the requirements of the FERPA will be followed before release of the education records.
Because investigations may involve matters of individual privacy, parties involved in an investigation, including witnesses, shall keep information concerning the investigation confidential. While an individual may choose to waive his or her personal right to confidentiality by disclosing information to others outside the complaint investigation process, he or she is not free to breach the privacy rights of others.
350.00 Investigation Procedures
The HR|AA Director or Title IX Coordinator may assign a representative to investigate the complaint. Once the investigator has been appointed:
- 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).
- The investigator shall inform the respondent of the complaint, and summarize the allegation(s) to be investigated.
- 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.
- 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.
360.00 Report of Findings
The Report of Findings will:
- Present the contentions of the parties;
- Summarize the general testimony of witnesses, if any;
- State the findings of fact;
- Determine whether the allegation(s) of the complaint are supported by the preponderance of credible evidence, using the reasonable person standard—that is, from the perspective of an objectively reasonable person of the same gender in the same situation;
- Determine if other University policies have been violated; and
- If appropriate, recommend disciplinary and/or remedial action.
The report of findings shall be submitted to the HR|AA Director/Title IX coordinator. Each party will be provided with a copy of the report, subject to the protection of confidentiality as may be appropriate under the circumstances.
370.00 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 the investigator finds there was a violation of university policy, the matter will be referred to the appropriate parties for disciplinary and/or remedial action. If the respondent disputes the finding, he or she may appeal to the President within ten (10) business days of receipt of the report.
If neither party appeals, the report of findings will be the final University decision.
380.00 Disciplinary Action
Disciplinary action may result from findings of reasonable cause and may be imposed by the appropriate administrator or supervisor after the time for appeal has elapsed or the appeal process is completed.
A respondent may grieve disciplinary action 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 grievance body may receive a copy of the Report of Findings and any decision after an appeal, but may not re-hear the appeal or disagree with the Report.
