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University of Montana Policy 4 Pm 9-25-13 Track Changes v2

University of Montana Policy 4 Pm 9-25-13 Track Changes v2

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Published by FIRE
University of Montana Policy 4 Pm 9-25-13 Track Changes v2
University of Montana Policy 4 Pm 9-25-13 Track Changes v2

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Published by: FIRE on Sep 30, 2013
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Policy Number: TBDPolicy: Discrimination, Harassment, SexualMisconduct, Stalking, and RetaliationDate Adopted: 08/2013Revision Date:09/2013 References: Titles IV, VI, and VII of the Civil RightsAct of 1964; 34 C.F.R. pt. 100; Title IX of theEducation Amendments of 1972; 28 C.F.R. pt. 54 and34 C.F.R. pt. 106; Section 504 of the RehabilitationAct; 34 C.F.R. pt. 104; Age Discrimination Act of 1975; 34 C.F.R. pt. 110; and Titles I and II of theAmericans with Disabilities Act; 28 C.F.R. pt. 35;Montana Human Rights Act and Governmental Codeof Fair Practices, Title 49, Montana Code Annotated;Board of Regents Policy 507Approved By: Royce C. Engstrom, PresidentPolicy Statement
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The University of Montana is committed to providing an environment thatemphasizes the dignity and worth of every member of its community and that isfree from harassment and discrimination based upon race, color, religion,national origin, creed, service in the uniformed services (as defined in state andfederal law), veteran status, sex, age, political ideas, marital or family status,pregnancy, physical or mental disability, genetic information, gender identity,gender expression, or sexual orientation. Such an environment is necessary to ahealthy learning, working, and living atmosphere because discrimination andharassment undermine human dignity and the positive connection among allpeople at our University. Acts of discrimination, harassment, sexual misconduct,stalking, and retaliation will be addressed consistent with this policy.Consistent with state and federal law, reasonable accommodation will beprovided to persons with disabilities.It is important that members of the University community understand that the lawdoes not just prohibit discrimination and harassment of employees byemployers. The law also prohibits discrimination and harassment betweenmembers of the University community more generally: for example, between aninstructor and a student, between two students,or betweena student and an applicant or campus guest. The policy applies in all University programs and
 
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References: TitlesIV,VI, and VIIof the Civil Rights Act of 1964;34C.F.R. pt. 100;Title IX of the EducationAmendments of 1972;28 C.F.R. pt. 54  and34 C.F.R. pt. 106;Section 504 of the Rehabilitation Act;34 C.F.R. pt. 104; Age Discrimination Act of 1975;34C.F.R. pt. 110; andTitles I and II of theAmericans with Disabilities Act;28C.F.R. pt. 35;Montana Human RightsAct and Governmental Code of Fair Practices, Title 49, Montana CodeAnnotated;Board of Regents Policy507
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Policy Statement
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activities, including, but not limited to, discrimination in athletics, instruction,grading, university housing, and university employment.In addition, the lawprohibits retaliation against an individual for opposing any practices forbiddenunder this policy, for bringing a complaint of discrimination or harassment, for assisting someone with such a complaint, for attempting to stop suchdiscrimination or harassment, or for participating in any manner in aninvestigation or resolution of a complaint of discrimination or harassment. It iscentral to the values of this University that any individual who believes they mayhave been the target of unlawful discrimination or harassment feel free to reporttheir concerns for appropriate investigation and response, without fear of retaliation or retribution.This policy shall not be construed or applied to restrict academic freedom at theUniversity of Montana, nor shall it be construed to restrict constitutionallyprotected expression, even though such expression may be offensive,unpleasant, or even hateful. All complaints or any concerns about conduct that may violate this policy andretaliation should be filed with the Equal Opportunity & Affirmative ActionDirector/Title IX Coordinator (“EO”):Equal Opportunity/Affirmative Action/Title IX Coordinator University of Montana University Hall 020 Missoula, Montana 59812 406-243-5710eoaa@umontana.edu www.umt.edu/eo  Upon receiving a complaint, the EO will follow the procedures described in theDiscrimination Grievance Procedures.
Important Note!
Please do not wait to report conduct of concern untilharassment becomes sufficiently serious (i.e., severe, pervasive, or persistent) tocreate a hostile environment. The Equal Opportunity and Affirmative Action/TitleIX Coordinator, designees , and other University officials can take proactive stepsto prevent harassment from continuing and perhaps escalating and to protect or otherwise assist the person harassed. For example, the University can arrangefor no-contact orders, counseling and changes in class schedules, livingarrangements, class requirements, and testing schedules as needed. The EOoffice and designees can also provide expertise and advice to help identifyconduct that might be a warning sign of or constitute sexual harassment or hostile environmentharassmentprohibited by this policy and address anyconcerns or complaints appropriately.
Discriminatory Conduct
I.
Discrimination
is conduct that is based upon an individual’s race, color, religion,national origin, creed, service in the uniformed services (as defined instate and federal law), veteran status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information,gender identity, gender expression, or sexual orientation that excludes anindividual from participation, denies the individual the benefits of, treatsthe individual differently or otherwise adversely affects a term or conditionof an individual’s employment, education, living environment or participation in a University programor activity. This includes failing toprovide reasonable accommodation, consistent with state and federal law,
 
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Discrimination GrievanceProcedures
 
to persons with disabilities.II.
Harassment 
is covered under this policy if it is based upon an individual’s race,color, religion, national origin, creed, service in the uniformed services (asdefined in state and federal law), veteran status, sex, age, political ideas,marital or family status, pregnancy, physical or mental disability, geneticinformation, gender identity, gender expression, or sexualorientation. Harassing conduct may take various forms, including, name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful,or humiliating. Harassment does not have to include intent to harm, bedirected at a specific target, or involve repeated incidents. Sex-basedharassment includes sexual harassment, which is further defined below,and non-sexual harassment based on stereotypical notions of what isfemale/feminine v. male/masculine or a failure to conform to those gender stereotypes. Harassment violates this policy when it creates a hostileenvironment, as defined in Section II.B, below. A. Sexual Harassment
Sexual Harassment 
can include unwelcome: sexualadvances, requests for sexual favors, or other verbal or physicalconduct of a sexual nature, including sexual assault. Sexualharassment, including sexual assault, can involve persons of thesame or opposite sex. Consistent with the law, this policy prohibitstwo types of sexual harassment:1. Tangible Employment or Educational Action This type of sexualharassment occurs when the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment or participation in aUniversityactivityis conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexualadvances or requests for sexual favors, or such submissionor rejection is a factor in decisions affecting that individual’semployment, education, living environment, or participationin a University programor activity.Generally, perpetratorswill be agents or employees with some authority from theUniversity.2.Hostile Environment Sexual harassment may create a hostile environment as defined in section II.B below. B.C. Hostile Environment Harassment A
Hostile Environment 
based on race,color, religion, national origin, creed, service in the uniformedservices, veteran status, sex, age, political ideas, marital or familystatus, pregnancy, physical or mental disability, genetic information,gender identity, gender expression, or sexual orientation existswhen harassment:1. is sufficiently serious (i.e., severe, pervasive, or persistent) andobjectively offensive so as to deny or limit a person’s abilityto participate in or benefit from the University’s programs,
 
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