91´ÎÔª

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​.