Terms

Question 1

Advisor

Answer 1

means a person chosen by a party to be present during an investigation and hearing, and to conduct cross-examination on behalf of a party during any live hearing conducted under these Procedures. If a party does not have an Advisor during a live hearing, the University will appoint an Advisor to conduct cross-examination on behalf of that party.

Question 2

Complainant

Answer 2

means an individual who is alleged to be the subject of Prohibited Conduct under the University’s Discrimination, Harassment, and Retaliation Policy

Question 3

Exculpatory Evidence

Answer 3

evidence that tends to clear a Respondent from responsibility for Prohibited Conduct.

Question 4

Formal Complaint,

Answer 4

as set forth in the Policy at Section III(C), means a document filed by a Complainant or signed by the EO/Title IX Coordinator alleging Prohibited Conduct by a Respondent and requesting that the University investigate and adjudicate the allegation of Prohibited Conduct; and meet the applicability and jurisdiction requirements set forth in UM’s Discrimination, Harassment, and Retaliation Policy at Sections II and IV, respectively. A Formal Complaint may be filed with the EO/Title IX Coordinator in person, by mail, by electronic mail, or at the contact information listed the Policy at Section III. The Formal Complaint must contain the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person filing the Formal Complaint

Question 5

Grievance Proceeding

Answer 5

the process described below in Section IV, and includes an investigation, live hearing, and where applicable, a sanction and opportunity to appeal

Question 6

Hearing Panel

Answer 6

is composed of a representative appointed by each of the Faculty Senate, Staff Senate, Student Senate, and a Chair appointed by the President and is responsible for determining whether the Respondent(s) is responsible for the allegations of Prohibited Conduct. The Chair of the Hearing Panel is responsible for the writing the final written report. The Chair will make the final decision in the event that the Hearing Panel does not reach consensus.

Question 7

Hearing Panel File

Answer 7

means the final written decision, the recording or transcription of the live hearing, and all evidence directly related to the matter

Question 8

Inculpatory Evidence

Answer 8

means evidence that tends to establish responsibility for the alleged Prohibited Conduct.

Question 9

Investigator

Answer 9

means an individual who does not have a conflict of interest or bias for or against complainants or respondents generally, or an individual Complainant or Respondent; has been trained on the definitions of Prohibited Conduct, and the scope of the University’s jurisdiction, how to conduct a fair and impartial investigation, on issues of relevance to create an investigative report that fairly summarizes relevant evidence

Question 10

Prohibited Conduct

Answer 10

means conduct described in Section XI of the University’s Discrimination, Harassment, and Retaliation Policy.

Discrimination
Discriminatory Harassment
Sexual Harassment
Retaliation

Question 11

Report of Prohibited Conduct

Answer 11

means information submitted to the EO/Title IX Office at the contact information listed at Section III of the policy, or the form located in the EO/Title IX website: www.umt.edu/eo, a phone call to or message left at (406) 243-5710, or through the University’s Maxient system, as set forth in the Policy at Section III(A).

Question 12

Respondent

Answer 12

means an individual who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct.

Question 13

Retaliation

Answer 13

any adverse action, including efforts to intimidate, threaten, coerce or discriminate, and any adverse employment or educational actions, that would discourage a reasonable person from engaging in activity protected under this policy, against any individual for the purpose of interfering with any right or privilege secured by this Policy, or because the individual has made a report or complaint, responded to a report or compliant, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy and accompanying Discrimination Grievance Procedures.

Question 14

Sexual Harassment

Answer 14

Acts of Sexual Harassment may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation, and/or gender identity of those involved.

Sexual Harassment is unwanted conduct that: (1) occurs within a University Program or Activity located in the United States; (2) affects an individual participating or attempting to participate in a University Program or Activity at the time the Formal Complaint is filed; (3) is based on sex, gender identity, gender expression, or sexual orientation; and (4) satisfies the elements of Quid Pro Quo Conduct, Hostile Environment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, or Sexual Exploitation

Question 15

Quid Pro Quo Conduct

Answer 15

an employee of the University,
conditions the provision of an aid, benefit, or service of the University,on an individual’s participation in unwelcome sexual conduct.

Question 16

Hostile Environment

Answer 16

unwelcome conduct determined by a reasonable person to be so severe and pervasive and objectively offensive that it effectively denies a person equal access to a university program or activity

Question 17

Sexual Assault

Answer 17

Non-consensual touching, or coercing or forcing another to touch a person’s intimate body parts (defined as genital area, groin, inner thigh, or breast);

Penetration, no matter how slight, of a person’s vagina or anus, by any body part or object, or oral penetration by a sex organ of another person without consent; or

Sexual intercourse between persons who are related to each other to the degree they cannot marry under state law.

Question 18

Consent

Answer 18

is informed, freely given, and mutual. If coercion, intimidation, threats, or physical force are used there is no consent. If a person is mentally or physically incapacitated, under the statutory age of consent, or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious. There is no consent when there is force, expressed or implied, or use of duress or deception upon the victim. Silence does not necessarily constitute consent. Past consent to sexual activities does not imply ongoing future consent. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on the University to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred.

Question 19

Force

Answer 19

the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you want.”). Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. The absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Question 20

Coercion

Answer 20

Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive

Question 21

Incapacitation

Answer 21

occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this Policy if they engage in sexual activity with someone who is incapable of giving consent. Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

Question 22

Dating Violence

Answer 22

violence committed by a person who is in or has been in a social relationship of a romantic or intimate nature with the complainant. The existance of such a relationship shall be determined based on the complainant’s statement and with consideration of the length of the relationship, type of the relationship, and the frequency of interaction between the persons involved in the relationship

includes but is not limited to sexual or physical abuse or the threat of such abuse

does not include acts covered under the definition of domestic violence

Question 23

Domestic Violence

Answer 23

violence,committed by a current or former spouse or intimate partner of the Complainant,
by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Montana, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Montana

To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

Question 24

Stalking

Answer 24

engaging in a course of conduct,
directed at a specific person, that
would cause a reasonable person to fear for the person’s safety, or
the safety of others; or
Suffer substantial emotional distress.

For the purposes of this definition—

Course of conduct means two or more acts, including, but not limited to,acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Reasonable person means a reasonable person under similar circumstances
and with similar identities to the Complainant.

Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Question 25

Sexual Exploitation

Answer 25

Sexual Exploitation is any instance in which a person takes non-consensual or abusive sexual advantage of another for any person’s benefit other than the person being exploited. Sexual Exploitation is conduct that falls within other categories of Sexual Harassment but is identified separately for clarity. Examples of behavior that could rise to the level of Sexual Exploitation include:

Prostituting another person;
Non-consensual visual (e.g., video, photograph) or audio-recording of sexual activity;
Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;
Going beyond the bounds of consent (such as letting your friends hide in the closet to watch you having consensual sex);
Inducing incapacitation for sexual purposes;
Engaging in non-consensual voyeurism;
Knowingly transmitting an STI, such as HIV, to another without disclosing your STI status;
Exposing one’s genitals in non-consensual circumstances, or inducing another to expose their genitals; or
Possessing, distributing, viewing or forcing others to view illegal pornography.

Question 26

Protective/Supportive Measures

Answer 26

EO/Title IX has broad jurisdiction to coordinate and implement S&P Measures to members of the university community adversely affected by protected-class harm

They are non-disciplinary, non-punitive individualized services and tools offered as appropriate as reasonably available and without foee to a complainant or respondant before, during, or after the filing of a formal complaint or where no formal complaint has been filed

They are designed to restore or preserve equal access to the university’s programs and activities without unreasonably burdening the other party and include measures designed to protect the safety of all parties or the university’s campus environment or prevent or deter potential prohibited contact

Question 27

Protective/Supportive Measures examples

Answer 27

Mutual Restrictions
-No Contact Directives
-Area Restrictions

Referrals
-Office of Community Standards
-University of Montana Police Department
-Human Resources
-Registrar
-Academic Deans

Resources
-Student Advocacy Resource Center
-Curry Health Center
-Information on Crime Reporting Process
-Other Campus and Community Resources

Accommodations
-Academic
-Scheduling
-Physical
-Housing

Safety
-Safety Planning
-Safety Escort Services
-Increased Patrol

Question 28

Informal Resolution

Answer 28

voluntary, structured interaction between involved parties (complainant and respondent) to resolve the allegations following the filing of a formal complaint and prior to a formal hearing on the allegations. The informal resolution process is intended to be flexible while also providing for a full range of possible outcomes.

Question 29

Protected Class

Answer 29

The protected class is a group of individuals who are lawfully protected from being harassed or harmed by the practices, policies, and laws that discriminate against them because of a shared characteristic such as race, gender, disability, sexual orientation, or age