91´ÎÔª

Title IX is a federal law that protects people from sex-based discrimination in schools that receive federal funding. It covers things like sexual harassment, sexual assault, domestic/dating violence, and stalking in education programs or activities. At the 91´ÎÔª, the Office of Conflict, Resolution, & Policy (CRP Office) helps individuals by taking reports, offering support, and guiding them through their options, including filing a Formal Complaint. You can reach them by calling (406) 243-5710, emailing conflict@umontana.edu, or visiting University Hall Room 004—they’re there to make sure you feel safe and supported on campus.

The 91´ÎÔª’s Discrimination, Harassment, and Retaliation Policy is guided by several federal and state laws that protect individuals from unfair treatment in education and employment. These include federal laws like Title VI and Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Age Discrimination in Employment Act, the Equal Pay Act, and Genetic Information Nondiscrimination Act (GINA). At the state level, the policy is shaped by the Montana Human Rights Act and Montana’s Constitution, which guarantee individual dignity and prohibit discrimination based on characteristics like race, sex, age, disability, and more.

The 91´ÎÔª’s Discrimination, Harassment, and Retaliation Policy and its Sexual Harassment Policy are closely related and may sometimes overlap, but each serves a distinct purpose.

The Sexual Harassment Policy addresses conduct that falls within the scope of Title IX, such as sexual assault, stalking, and dating or domestic violence.

The Discrimination, Harassment, and Retaliation Policy applies more broadly to behaviors based on protected characteristics such as race, color, national origin, religion, disability, age, veteran status, and more—as well as sex and gender-based conduct that does not meet the specific criteria outlined under Title IX.

If you're unsure which policy applies to your experience, please contact the Conflict, Resolution, and Policy (CRP) Office for guidance and support. We're here to help.

It depends. These cases are reviewed individually to see if there’s a connection to the University. For example, if something happens during a UM-sponsored trip or event off campus, or if the behavior seriously affects a student’s ability to feel safe or succeed at school—like if both students are in the same academic program—the policy might still apply. Even if an incident happens off campus, you can still report it to the CRP Office. While the University may not have full authority to investigate (called adjudicatory jurisdiction), the CRP Office can still offer supportive measures, provide guidance, and in some cases, take non-punitive steps to address the situation.

The 91´ÎÔª works to enforce sexual harassment, discrimination, harassment, and retaliation policies while also respecting free speech and academic freedom. It does this by focusing on behavior that is discriminatory or harassing—not just speech that may be offensive. The goal is to create a safe learning environment without limiting open discussion or academic exploration when it's done appropriately.

UM strictly prohibits retaliation against anyone who submits a report, participates in an investigation, or supports someone involved in a case. This means no one can legally be punished, threatened, harassed, or treated unfairly for being part of the process. If retaliation does happen, it can lead to disciplinary action against the person responsible. The University takes these protections seriously to make sure everyone feels safe coming forward​.

The 91´ÎÔª is updating its Discrimination, Harassment, & Retaliation (DHR) Policy to reflect recent changes in federal and state laws guidance, ensure alignment with best practices, and better meet the needs of our campus community. Regular policy updates are part of UM’s commitment to maintaining a safe, respectful, and inclusive environment. 

The new Sexual Harassment Policy creates a standalone framework for addressing sexual harassment as defined by Title IX regulations, which since 2020 have required a highly detailed and specific process.This revision also incorporates insights from ongoing initiatives—including UM’s participation in a federal Office on Violence Against Women (OVW) grant—to strengthen our response to domestic violence, dating violence, sexual assault, and stalking.

The 91´ÎÔª has introduced structural and substantive updates to its discrimination and harassment policies, with the goal of improving clarity, accessibility, and alignment with University standards and federal guidance.

Separate Policies for Greater Clarity

UM has separated its approach by issuing a new, standalone Sexual Harassment Policy, while maintaining a revised Discrimination, Harassment, and Retaliation (DHR) Policy. This distinction allows for more tailored procedures that reflect the nature of the concern—whether sex-based under Title IX, or based on other protected characteristics.

Both policies have been reformatted and reorganized to match the structure of other University Operating Policies, making them easier to navigate and understand.

Updated Mandated Reporting Obligations

Reporting obligations have been expanded to cover all protected statuses—not just sex-based harm—but only when a student is involved. This change aligns with recent federal guidance and reflects feedback from students, aiming to provide greater consistency and clarity for employees with reporting responsibilities.

Expanded Resolution Options in the DHR Policy

The revised DHR Policy includes more flexible and accessible procedures for addressing concerns. It now allows for both:

• Investigative proceedings, and

• Non-investigative options (such as early intervention or educational outreach).

These options enable the University to respond appropriately to the nature and complexity of each situation. Non-investigative responses are especially helpful in cases where:

• The concern does not focus on a single identifiable individual,

• The report involves organizations, third parties, or unknown persons, or

• The conduct involves patterns or systemic issues.

This flexibility allows the CRP Office to address a wider range of concerns more effectively.

Enhancements in the Sexual Harassment Policy

The new Sexual Harassment Policy provides greater transparency and procedural clarity for Title IX matters. Key enhancements include:

• Detailed timelines for each stage of the process,

• Clear explanations of parties’ rights and responsibilities,

• A more defined evidentiary review process.

These changes ensure that all parties understand what to expect, and that the process is applied consistently and fairly. The policy is designed to meet federal regulatory requirements while also being responsive to the needs of the UM community.

The updated Discrimination, Harassment, & Retaliation Policy and the new Sexual Harassment Policy will take effect on August 18, 2025. Cases with a Formal Complaint filed before that date may still be addressed under the previous policies and procedures. However, all new reports and complaints received on or after August 18 will be handled according to the updated policies.

The full updated Discrimination, Harassment, & Retaliation Policy and the new Sexual Harassment Policy will be available on the Equal Opportunity & Title IX website or linked below:

• Discrimination, Harassment, and Retaliation Policy and Procedures
• Sexual Harassment Policy and Procedures

Formal Complaints filed before August 18, 2025 will continue under the previous policies and procedures in effect at the time of filing. Complaints received on or after August 18 will be reviewed and resolved under the updated policies. The Office of Conflict Resolution and Policy will work with all involved parties to ensure a fair and consistent transition.

Yes. While drafting these policies, the Office of Conflict Resolution and Policy (CRP) collected feedback from campus and community stakeholders, as well as input from industry experts, to help shape the updates. As we prepare for implementation, CRP will host information sessions open to the campus community. Session schedules and registration are available on the Training Opportunities webpage. Additionally, CRP will present the policies to shared governance groups and campus leadership to continue gathering input and promoting transparency.

Yes. The Office of Conflict Resolution and Policy (CRP) will begin with information sessions open to the campus community. In addition, UM will launch a mandatory training for all employees—delivered through NeoEd for full-time employees and Canvas for student employees. This training will provide a substantive overview of discrimination, harassment, sexual harassment, and retaliation, along with updated mandated reporting obligations. CRP will also offer additional in-person trainings throughout the year, including a skill-based session—developed in collaboration with the Student Advocacy Resource Center (SARC)—on how to support a student who discloses an experience of discrimination or harassment. For more information and to register, visit the Training Opportunities webpage.

Yes. The Office of Conflict Resolution and Policy (CRP) will host information sessions to help the campus community understand the updated policies, procedures, and reporting responsibilities. These sessions are open to all students, staff, and faculty. Dates, times, and registration details are available on the Training Opportunities webpage.

The Office of Conflict Resolution and Policy (CRP) has shared a campus-wide communication outlining the updated Discrimination, Harassment, & Retaliation Policy and new Sexual Harassment Policy. Additionally, we’ve worked with campus partners to ensure that key information—including UM’s non-discrimination and Title IX statement—is included in all employee and student handbooks, course catalogs, and relevant materials.

To support awareness and understanding, UM is launching a comprehensive educational campaign in Fall 2025. This includes:

• Campus awareness materials posted across campus starting August 18
• Website updates with summaries, FAQs, and resources
• Live information sessions (in-person and virtual) from August through September
• Required employee training launching in August via NeoEd (for full-time employees) and Canvas (for student employees)
• Optional skill-based trainings throughout the semester, including sessions co-hosted with the Student Advocacy Resource Center (SARC)
• Shared governance review, with presentations to leadership and governance groups to support transparency and feedback

Campus members are encouraged to attend sessions, complete trainings, and visit the Equal Opportunity and Title IX website for the most up-to-date information and resources.

If you have questions about the updated Discrimination, Harassment, & Retaliation Policy or the new Sexual Harassment Policy, please contact the Office of Conflict Resolution and Policy (CRP). The CRP team is available to provide information, answer questions, and guide you to appropriate resources.

Office of Conflict, Resolution, & Policy
University Hall 004
91´ÎÔª
Missoula, MT 59812
Phone: (406) 243-5710
Email: conflict@umontana.edu

Website: umt.edu/eo

Yes, you can report an incident anonymously to UM’s CRP Office. While providing names can help the University offer support and take action, anonymous reports are accepted and reviewed to determine if any follow-up is possible. Keep in mind that anonymous reports may limit the University’s ability to investigate or respond fully​.

However, Mandated Reporters—which includes all non-confidential University employees—cannot submit anonymous reports; they are required to share all known details, including names, when they learn about possible misconduct in the course of their job.

Mandated Reporters at the 91´ÎÔª include all University employees, including student employees when acting in their work role, except for Confidential Resources like licensed counselors, medical staff at Curry Health Center, and SARC advocates. Their main responsibility is to promptly report any information they receive about possible discrimination, harassment, sexual harassment, or retaliation to the CRP Office. This includes details like names, dates, locations, and a description of the conduct. They are not supposed to investigate or judge what happened—just report what they know​.

For more information about Mandated Reporting, please visit our Mandated Reporting webpage.

UM requires employees to be Mandated Reporters to help ensure that students and others affected by discrimination, harassment, sexual harassment, or retaliation get the support and help they need as soon as possible. This policy helps the University respond quickly, offer resources, and take steps to stop and prevent harmful behavior. It also shows UM’s commitment to creating a safe, respectful, and inclusive campus for everyone.

If you want to speak confidentially, you can reach out to Confidential Resources, who are not required to report what you share. These include licensed counselors at Curry Health Center, medical staff, and advocates at the Student Advocacy Resource Center (SARC). These professionals can provide emotional support, guidance, and help you explore your options without making an official report​.

Yes. Student employees are considered mandatory reporters when they are working in their employee role, unless they are acting as a designated Confidential Resource. 

Mandatory reporting obligations still apply. If a student is involved—whether the person affected (Complainant) and the person accused (Respondent)—you must report the incident, even if other individuals involved are not affiliated with UM. The CRP Office will assess the situation and respond appropriately.  

You are still required to report it. An incident that occurs off campus does not, by itself, limit UM’s ability to respond. In some cases, where there is a sufficient connection to the University, UM may have jurisdiction to formally investigate the conduct. Even if the University cannot investigate formally, the CRP Office can still offer supportive measures, provide guidance, and, in some cases, take non-punitive steps to address the situation.  

No, Mandatory Reporters cannot submit anonymous reports; they are required to share all known details, including names, when they learn about possible discrimination, harassment, sexual harassment, or retaliation in the course of their job. 

Yes. As a mandatory reporter, it’s important to let the student know early in the conversation that you are required to report certain information. This helps build trust and ensures the student understands what will happen next.  

Example Script:  

“Thank you for sharing your story with me. Before we talk any further I need to remind you that safety and wellbeing are important parts of my job here at UM. I have a responsibility to let the University know if someone may need support and/or resources. The information you share will still remain private, but folks from Title IX will reach out to offer support and resources. It is your choice to speak with them or not.”  

Yes, it is helpful to inform students as early as possible that you have a mandated reporting obligation. Below is an example syllabus statement that you may include: 

“As a mandated reporter, I am required to report any incidents of discrimination, harassment, or sexual harassment to the Office of Conflict, Resolution & Policy (CRP). If you wish to speak to someone confidentially, there are confidential resources available at UM (more information is available here). For more information, to make a report, or to seek supportive measures, contact CRP at conflict@umontana.edu, (406) 243-5710, or visit their website at .” 

As a mandatory reporter, you are still required to report it—even if the student asks you not to. You can explain that the CRP Office will handle the situation with care, offer support, and won’t initiate an investigation unless they must.  

Failing to report as a mandatory reporter is a violation of an employee’s responsibilities and may result in employment action, such as disciplinary measures. Additionally, not reporting could allow harmful behavior to continue, and the individual who experienced harm may not receive the support or resources they need. 

Yes. All employees are required to complete Discrimination and Harassment training, which covers relevant UM policies and mandatory reporting obligations. In addition, the CRP Office offers further trainings throughout the academic year. Information about upcoming sessions can be found on the Training Opportunities website.  

If you're ever unsure about your responsibilities or whether something needs to be reported, you can contact the Conflict, Resolution & Policy (CRP) Office at (406) 243-5710 or conflict@umontana.edu. They’re available to provide guidance and support.  

Supportive Measures are free services and adjustments offered by the University to help individuals feel safe, supported, and able to continue their education or work after experiencing or reporting sexual harassment, discrimination, harassment, or retaliation. These can include things like counseling referrals, academic or housing changes, schedule adjustments, safety planning, and no-contact orders. Supportive Measures are available to both the person affected (Complainant) and the person accused (Respondent).

Yes, you can receive Supportive Measures even if the case is not being investigated. The University offers these services to help you stay safe and supported without requiring you to go through a full investigation or disciplinary process.

The University can provide a variety of Supportive Measures depending on your needs. These may include counseling referrals, changes to class or work schedules, housing adjustments, extensions on assignments, campus escort services, no-contact orders, and increased security or safety planning.

Only the people who need to know to provide support will be told about your Supportive Measures. This could include staff like your professors, housing, or campus security—but only as much as necessary to carry out the changes. The University keeps this information as private as possible and does not share it widely or publicly​.

UM’s Sexual Harassment Procedures are based on federal Title IX rules, which say how schools must handle reports of sexual harassment. They explain how reports are handled, what support is available, and what steps might follow if someone chooses to move forward with a formal complaint. This revision also incorporates insights from ongoing initiatives—including UM’s participation in a federal Office on Violence Against Women (OVW) grant—to strengthen our response to domestic violence, dating violence, sexual assault, and stalking.

After you make a report to the CRP Office at UM, someone from the office will reach out to the individual who has reportedly experienced the harm. They’ll offer supportive measures (like academic accommodations, resource referrals, or counseling referrals) and explain your options, including how to file a Formal Complaint if you want the University to investigate. The CRP Office will not start an investigation without your request—unless they believe it’s necessary to protect campus safety.

UM may decide to start an investigation even if the Complainant doesn’t request one when there’s a serious or ongoing risk to campus safety. This can include situations where the reported behavior is especially severe, involves repeated incidents, affects multiple people, or if the person accused is in a position of power (like a faculty or staff member). In these cases, the Title IX Coordinator can file an Institutional Formal Complaint.

Your identity will be handled with care during the resolution process. UM takes privacy seriously and will keep your information as confidential as possible, sharing it only with people who need to know in order to respond to the report. However, it's important to understand that if a formal complaint is filed and the case moves forward, the person accused (the Respondent) has due process rights—which means they have the right to know who made the complaint and who provided evidence or testimony against them. While complete anonymity can’t be provided in these cases, the University still works hard to protect your privacy and personal information throughout the process and will only share what’s necessary to ensure a fair and respectful resolution​.

A Formal Complaint is a written document that starts the official investigation process for sexual harassment at UM. It must be signed by the person affected (the Complainant) and state that they want the University to investigate the behavior. You can file it in person, by email, by mail, or online with the Title IX Coordinator. In most situations, the Title IX Coordinator can help prepare the complaint for you to review and sign​.

During the initial assessment, the Title IX Coordinator will reach out to the person identified as experiencing the harm to offer support and explain their options, including how to file a Formal Complaint. They’ll also look at the report to decide if it falls under UM’s Sexual Harassment Policy, whether it can move forward, and if any immediate action is needed to protect individuals or the campus community. This step helps guide what happens next, but doesn’t start an investigation unless a Formal Complaint is filed or required​.

The University offers two distinct resolution pathways: Adaptive Resolution and the Grievance Process.

Adaptive Resolution is a collaborative and voluntary process in which both parties agree to engage in facilitated approaches—such as mediation, restorative dialogue, or other resolution methods—designed to address harm, rebuild trust, and support accountability without requiring an investigation or hearing.

The Grievance Process is a structured, investigative process that includes fact-finding, a hearing, and a determination based on the evidence. If a policy violation is found, disciplinary action may follow.

Both options aim to address the reported conduct and support the needs of those involved. The appropriate pathway depends on the nature of the conduct, the goals of the individuals involved, and the University’s responsibility to ensure a safe and equitable environment.

Yes, you can change your mind at any time during the Adaptive Resolution process. If you decide to stop, the University will end the informal process and can move forward with the formal Grievance Proceedings instead. You won’t be pressured to stay in Adaptive Resolution, and the decision to leave won’t be held against you​.

The 91´ÎÔª aims to resolve a Formal Complaint in a reasonably prompt manner, usually within 90 to 120 business days. This includes time for the investigation, hearing, and any appeals. Some parts—like the investigation—are expected to take around 60 days, and the hearing decision about 30 to 40 days. Timelines can be adjusted depending on the situation, like if people are unavailable or law enforcement is involved​.

During an investigation, you can expect to be contacted by an investigator who will gather information from you, the other party, and any witnesses. You’ll be able to share your side, provide evidence, and suggest people the investigator should talk to. Everyone involved will get notice before meetings and have time to prepare. After collecting all information, the investigator will share a draft report for you to review and give feedback before finalizing it. The goal is to make the process fair, thorough, and respectful for all involved.

Yes, you can bring both an advisor and a support person with you. Your advisor can help you understand the process and will be the one to ask questions for you during a live hearing. Your support person is there for emotional support—they don’t speak or take part in the process but can sit with you. You can choose anyone for these roles, including a friend, family member, or attorney.

During the hearing, your advisor plays an important role by asking questions (cross-examination) on your behalf. You won’t have to directly question the other party or any witnesses—your advisor does that for you. They can also help you prepare for the hearing, but they don’t speak for you outside of the questioning part. If you don’t have an advisor, the University will provide one at no cost, just for the hearing.

Relevant evidence is anything that helps prove or disprove whether sexual harassment happened—this includes witness statements, texts, emails, or anything directly related to the reported incident. Impermissible evidence includes things like information protected by law (such as private medical or counseling records) unless the person gives written permission, and details about a person’s sexual history—unless it's directly related to proving consent or showing that someone else committed the conduct. The investigator decides what can and can’t be used based on these rules.

Yes, your report will still be taken seriously even if you don’t have any personal evidence. The University has a responsibility to gather information as part of the investigation, which may include interviews, documents, or other sources that help clarify what happened. Your report alone is enough to start the process, and individuals involved in these resolution processes are trained to handle cases even when there is little or no physical evidence provided by the person making the report​.

There’s no set limit to the number of witnesses you can identify in a sexual harassment case at UM. You’re encouraged to share the names of any individuals with relevant information. However, because UM is obligated to conduct a prompt and thorough investigation, the investigator may decide not to interview certain proposed witnesses if their testimony is likely to be redundant or duplicative. The goal is to balance fairness with an efficient process.

Character witnesses are not prohibited under UM’s sexual harassment process, but their relevance may be limited. The focus is primarily on what happened during the specific incident, so the most helpful witnesses are those who have direct knowledge or facts related to the case. If someone wants to speak about a person’s character, the University will consider whether that information is relevant based on the situation​.

No, your advisor cannot also serve as a witness in a sexual harassment case at UM. Advisors have a specific role—to support you and, if needed, conduct cross-examination during a live hearing. Allowing someone to serve as both advisor and witness would create a conflict of interest and could compromise the fairness of the process. If someone with relevant information is serving as your advisor, you’ll need to choose a different person to act as your advisor so that individual can participate as a witness instead​.

If your case goes through the formal Grievance Proceedings, a live hearing is part of the process—but you are not required to participate and can choose not to attend. While participating can help make sure your perspective is included, the choice is completely up to you​.

You were invited to interview because someone identified you as a witness who may have relevant information about an incident being reviewed under UM’s Sexual Harassment Policy. This could mean you saw or heard something directly, have helpful context, or know details that could support the investigation. Your participation is important to help ensure the University has a complete and accurate understanding of what happened. You’re not being accused of anything—you're being asked to share what you know in a fair and respectful process.

No, you are not required to participate in the resolution process as a witness. However, your input can be really valuable in helping the University understand what happened and make a fair decision. While you have the right to decline or choose not to answer certain questions, the University encourages witnesses to cooperate if they feel safe and comfortable doing so, as it supports a thorough and accurate investigation​.

Yes, the parties involved in the case will have access to your testimony, because both sides have the right to review and respond to the evidence as part of a fair process. While your name will not appear in the investigation report, the content of your statements will be shared, and the parties may be able to connect the information back to you. To help protect your identity, the University uses a witness key that keeps your name separate from the report, but full anonymity cannot be guaranteed​.

Yes, you will have an opportunity to review your testimony before it is included in the investigation report and shared with the parties. This helps ensure your input is accurately represented and gives you a chance to make clarifications or corrections. Any feedback you provide will be considered by the investigator and may be incorporated at their discretion, but regardless, your feedback will be included verbatim in an appendix of the final report.

Yes, witnesses are protected from retaliation under UM’s policies. This means no one is allowed to threaten, intimidate, harass, or take negative action against you for participating in a Title IX or discrimination-related investigation. Retaliation is a serious policy violation on its own and can lead to disciplinary action. If you believe you’re experiencing retaliation because you served as a witness, you should report it immediately to the CRP Office so the University can take steps to protect you and address the behavior.

If someone is found responsible for sexual harassment at UM, the sanctions depend on several factors, including whether the Respondent is a student or employee, the severity of the behavior, its impact on others, and any prior misconduct. Examples of student sanctions include probation, suspension, expulsion, eviction from housing, educational programs, or restrictions from certain University activities or facilities. Employees sanctions may include written warnings, suspension, termination of employment, or other workplace-related consequences​.

You have the right to appeal a decision if you are a Complainant or Respondent in a sexual harassment case at UM. You can appeal if there was a procedural error, new evidence that wasn’t available before, or if there’s evidence of bias or conflict of interest by the people involved in the process. Appeals must be submitted within 10 days of receiving the written decision, and both parties have the same right to appeal under these rules​.

To start the appeals process, you must submit your appeal in writing within 10 days of receiving the decision. Your appeal must be based on one of these reasons: a procedural error, new evidence that could change the outcome, or bias/conflict of interest by someone involved in the case. Once you file, the other party is notified and can respond. An Appellate Officer—not involved in the original decision—reviews the appeal and issues a final decision. Both parties will receive the outcome at the same time, and this decision concludes the University’s process​.

Consent is an informed, voluntary, and mutual agreement to engage in sexual activity. In assessing whether consent was present, the University will evaluate all relevant facts and circumstances that the Respondent knew—or reasonably should have known—at the time. This includes whether there were mutually understandable words or actions that communicated agreement between the parties.

No. Consent must be communicated through clear, mutually understandable words or actions. Silence, lack of protest, or absence of resistance alone does not mean that someone has given consent. The absence of a "no" is not the same as a "yes."

Yes. Consent can be withdrawn at any time, even if it was given earlier. If someone changes their mind and communicates—through words or actions—that they no longer want to continue, all sexual activity must stop. Continuing after consent is withdrawn is a violation of University policy.

Being under the influence of alcohol or drugs does not automatically mean a person can’t give consent. However, if a person is incapacitated—meaning they cannot understand the nature of the activity or make informed decisions—they cannot give valid consent. Signs of incapacitation may include confusion, slurred speech, vomiting, inability to stay awake, or unconsciousness.

The University will assess what the Respondent knew or reasonably should have known about the other person’s condition when evaluating whether valid consent was present.

No. A prior sexual history or relationship does not, in itself, indicate consent under UM’s Sexual Harassment Policy. Just because two people have been intimate before—or are currently in a relationship—does not mean that consent is automatically given for future sexual activity. Consent must still be clearly given for each specific activity, every time.

That said, individuals in a relationship may develop patterns or ways of communicating that help them understand each other’s consent. These patterns are valid only if the communication remains clear, mutual, and voluntary—and consent can always be withdrawn at any time.

Importantly, if someone consents to sexual activity after a reported non-consensual incident, that later consent does not retroactively imply that consent was given for the earlier conduct.

Alcohol consumption by both parties does not automatically mean that consent was present or absent. The central question is whether either person was incapacitated—meaning they were unable to understand the nature of the activity or make informed decisions—and whether the other person knew or reasonably should have known.

Being intoxicated does not excuse someone from their responsibility to assess whether the other person is capable of giving consent. Each person has a duty to evaluate the facts and circumstances, including the other person’s behavior, speech, and ability to communicate clearly.

Consent obtained through coercion is not valid under UM’s Sexual Harassment Policy. Consent must be given freely, willingly, and without threats, manipulation, or unreasonable pressure.

Coercive conduct is different from ordinary flirtation or seductive behavior—the key difference lies in the type and degree of pressure used. Coercion may include persistent pressure after someone has said no, emotional manipulation, threats, or misuse of authority.

When evaluating whether coercion occurred, the University will consider factors such as the duration and nature of the pressure, the tactics employed, and any existing power differentials (e.g., a supervisory or leadership role over the other person).

No. Under UM’s Sexual Harassment Policy, a person who is under the legal age of consent as defined by state law cannot give valid consent to sexual activity.

Even if the individual verbally agrees or appears to willingly participate, that agreement is not legally or institutionally recognized as valid. The University follows Montana state law, which sets the age of legal consent at 16 years old. Engaging in sexual activity with someone under that age is a violation of both the law and University policy.

At the 91´ÎÔª, the question of whether valid consent was given is determined through the formal grievance process. The burden of gathering sufficient information to determine what occurred lies with the University—not the individuals involved. A trained investigator collects relevant evidence, and a Hearing Panel reviews the information to decide whether consent was present.

The Panel applies the “preponderance of the evidence” standard, which means they must determine whether it is more likely than not that the conduct occurred. In making this determination, the University considers the facts and circumstances that were known—or reasonably should have been known—by the individual accused of the conduct.

If you’re unsure whether someone is giving consent, stop and ask. Consent should be informed, voluntary, and mutual, and if there’s any doubt, the best thing to do is pause and communicate. Don’t assume based on body language, past interactions, or silence—check in and make sure your partner is comfortable and willing. If they seem unsure, hesitant, or aren’t actively participating, that’s a sign to stop​.

UM’s Discrimination Procedures are based on federal and state laws and are designed to align with the University’s broader policies and processes. They aim to ensure fairness, consistency, and compliance while also allowing for some flexibility so the University can respond thoughtfully to each situation. This flexibility helps UM take meaningful steps to stop harmful behavior, support those affected, and prevent it from happening again.

After you make a report, the Office of Conflict, Resolution, & Policy (CRP) will review it and may start with a preliminary assessment. This could involve meeting with you, looking over any available information, and possibly consulting with other offices. From there, CRP may either close the case, offer supportive measures, take administrative action, or begin a formal investigation—depending on the situation. The goal is to address the concerns promptly and fairly, while keeping you informed throughout the process.

When the Office of Conflict, Resolution & Policy (CRP) receives a report, several outcomes are possible depending on the nature of the concern and the information available.

The CRP may close a case if the behavior described does not meet the definitions of Prohibited Conduct under the 91´ÎÔª’s policies. A case may also be closed if there is not enough information to proceed—for example, if the identities of those involved are unknown. In some situations, the CRP may determine that the incident falls outside the University’s scope, such as conduct that occurs off-campus and has no connection to UM programs or activities.

In other instances, the CRP may pursue Non-Investigative Action when it determines that this approach is the most appropriate way to address the concern. Non-Investigative Action may involve offering support to the person affected, providing education or training, or taking steps to prevent similar issues in the future. This path is often used when the person responsible is unknown, when third parties are involved, or when the behavior doesn’t clearly violate policy but raises concerns when viewed as part of a broader pattern. The goal of Non-Investigative Action is to stop the behavior, prevent it from happening again, and address any impact it may have had.

If a Formal Complaint is filed and includes enough detail to suggest that a policy violation may have occurred, the CRP may move forward with Investigative Action. This process involves gathering evidence, interviewing those involved and any witnesses, and evaluating whether the reported conduct violated University policy.

Your identity will be handled with care during the resolution process. UM takes privacy seriously and will keep your information as confidential as possible, sharing it only with people who need to know in order to respond to the report. However, it's important to understand that if a formal complaint is filed and the case moves forward, the person accused (the Respondent) has due process rights—which means they have the right to know who made the complaint and who provided evidence or testimony against them. While complete anonymity can’t be maintained in these cases, the University still works hard to protect your privacy and personal information throughout the process and will only share what’s necessary to ensure a fair and respectful resolution​.

A Formal Complaint is a written document filed by the Office of Conflict, Resolution, & Policy (CRP) that officially initiates an investigate into alleged Prohibited Conduct by a specific person. It must include enough detail about what happened to suggest a possible policy violation. Once it’s filed, the University will notify the person being reported and begin the formal investigation process.

Once a Formal Complaint is filed, the University offers two distinct resolution pathways: Adaptive Resolution and the Grievance Process.

Adaptive Resolution is a collaborative and voluntary process in which both parties agree to engage in facilitated approaches—such as mediation, restorative dialogue, or other resolution methods—designed to address harm, rebuild trust, and support accountability without requiring an investigation or hearing.

The Grievance Process is a structured, investigative process that includes fact-finding, a hearing, and a determination based on the evidence. If a policy violation is found, disciplinary action may follow.

Both options aim to address the reported conduct and support the needs of those involved. The appropriate pathway depends on the nature of the conduct, the goals of the individuals involved, and the University’s responsibility to ensure a safe and equitable environment.

During an investigation, you can expect a fair, respectful, and thorough process. An investigator from the CRP Office will typically interview you, the other party involved, and any relevant witnesses. They'll also review any available evidence, like emails, messages, or documents. You can have an advisor with you during meetings, and you'll be kept informed about the steps in the process. The investigator will focus on gathering facts and will prepare a report summarizing the findings.

After gathering all the facts, the CRP Office prepares a written report that includes the evidence, statements, and analysis. If the case goes to formal adjudication, a decision-maker will review the report and decide if the policy was violated, based on a preponderance of the evidence. If so, appropriate actions or sanctions will follow.

Both parties have the right to appeal a decision if you believe there was a procedural error, new evidence that wasn’t available earlier, or if there was a conflict of interest or bias by the people involved in handling the case. Appeals must be submitted in writing to the CRP Office within 10 days of receiving the decision. Once submitted, the other party will be notified and given a chance to respond. A designated Appellate Officer will review the appeal and issue a final decision, which will be shared with the parties.