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Sexual Harassment Policy Montana State University-Billings affirms its commitment to create and maintain a work environment for all employees, and a study environment for all students that supports, nurtures, and rewards career and educational goals on the basis of ability and work performance, regardless of sex. Sexual harassment of employees by coworkers or superiors, or of students by students, staff, faculty or administrators is unacceptable.  Sexual harassment is sex discrimination as defined in Title VII of the Civil Rights Act of 1964 and the Montana Human Rights Act and includes unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when: The employee’s or student’s submission to the conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or education. The employee’s or student’s submission to, or rejection of, such conduct is used as a basis for employment or education decisions; or The conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or offensive environment. For the purpose of this policy, sexual harassment of a student will also include the following: Unwelcome sexual advances; Requests for sexual favors; or Other verbal or physical conduct or written communication of an intimidating, hostile or offensive sexual nature where: Submission to such conduct is made either explicitly or implicitly a term or condition of the student’s status in a course, program, or activity. Submission to or rejection of such conduct by a student is used as a basis for academic or other decisions affecting each student; or Such conduct has the purpose or effect of substantially interfering with a student’s educational experience or creating an intimidating, hostile or offensive environment. Montana State University-Billings prohibits such conduct.  Furthermore, sexual harassment is a violation of State and Federal equal opportunity and nondiscrimination regulations.  On July 19, 1986, the U.S. Supreme Court in the case of Meritor Savings Bank, FSB vs. Vinson, held that a claim of “hostile environment” is now appropriate for investigation purposes.  For the purpose of this policy, “intimidating, hostile, or offensive” working or academic environment means: Unwelcome sexually-oriented jokes, innuendoes, obscenities, pictures of any action with a sexual connotation which makes an employee or student feel uncomfortable in the workplace or academic environment; or Any aggressive, harassing behavior in the workplace or academic environment, whether or not sexual in connotation, is directed toward an employee or student based on the employee’s or student’s sex. Timely action will be taken when instances of sexual harassment are identified and confirmed. Retaliation against persons who file complaints is a violation of laws prohibiting discrimination and will result in disciplinary action against offenders.  Employees and students who knowingly condone or fail to report incidents of harassment will themselves be subject to discipline by the appropriate Vice Chancellor or Chancellor. Any employee or student who is the victim of sexual harassment should do the following: Notify the harasser verbally or in writing that the behavior is unacceptable; OR Notify harasser’s supervisor; and Contact the Human Resources Office, McMullen Hall 310 (657-2278), to discuss the problem and available options. Complaints will be investigated by means established in the Sexual Harassment Procedures. NEXT: Americans with Disabilities Act

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