2011-2013 Undergraduate Catalog

University Policies

Policy of Non-Discrimination/Equal Employment Opportunity

Montana State University is committed to nondiscrimination and equal opportunity for all persons.  The University pursues affirmative action to provide all people the equal opportunity for access, admission, education, employment, and participation in University activities without regard to race, color, ethnicity, national origin, sex, sexual orientation or preference, marital or parental status, age, religion, creed or political belief, mental or physical handicap or disability, or status as a covered veteran in ad.

Harassment based on race, color, ethnicity, national origin, marital or parental status religion, sex, gender, sexual orientation or preference, age, disability, or veteran status is a form of discrimination and is prohibited.

Each unit that employs personnel, admits students, or enters into contracts is responsible for implementing the University’s commitment to nondiscrimination and equal opportunity.  Responsibility for effecting equal opportunity accrues to all University administrators, faculty, and staff.  This responsibility includes assurances that employment and admission decisions and personnel actions adhere to the principle of equal opportunity.

Any student, employee, applicant for employment or admission, participant in University activities or other person who believes he or she was subject to discrimination in violation of the policies of the university may file a grievance under the University Discrimination Investigation Procedures.

The University does not condone any retaliation against individuals who participate in any way any proceeding concerning alleged violations.

Training:  To educate employees on the importance of non-discrimination and the prevention of sexual harassment in the work environment and classroom, MSUB requires that all employees (including part-time faculty and graduate assistants) complete discrimination and harassment prevention training on a biennial basis.  Supervisors shall support the employee in providing a reasonable amount of work time for the employee to complete the training program.

All new employees are required to complete the online training program (or an equivalent training program approved by Human Resources) within the first 30 days of employment.  Temporary employees and student employees may be required to complete the training program at the discretion of the Human Resources office.

Inquiries by students regarding discrimination or harassment based on physical or mental disability should be directed to the Director of Disability Support Services, COE room 135, at 657-2283.

Inquiries or grievances of any faculty, staff, or visitor related to unlawful discrimination and/or harassment on the basis of race, color, religion, sex, national origin, sexual orientation, age, physical or mental disability, or veteran status should be directed to the Director of Human Resources, McMullen Hall, Room 310, at 657-2278.

Inquiries or grievances related to Intercollegiate Athletics Title IX should be directed to the NCAA Compliance Coordinator, PE Building, Room 155 at 657-2061.

Sexual Discrimination/Title IX

Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination in education and its implementing regulation, at 34 C.F.R. § 106.31 (a), states that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the University.

Sexual harassment is a form of sex discrimination prohibited by Title IX.  Sexual harassment is unwelcome sexual conduct of a sexual nature.  Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, sexual violence, including rape, sexual assault, sexual battery, sexual coercion or other sexual misconduct as outlined below.

MSU Billings considers sexual discrimination in all its forms to be a serious offense.  This includes all forms of sexual discrimination including:  sexual harassment, sexual assault, sexual coercion, sexual battery and sexual violence by employees, students, or third parties.

Any student, employee or visitor with questions or concerns about sex discrimination or sexual harassment or who believes that he or she has been the victim of sex discrimination or sexual harassment may contact the Title IX Coordinator or Deputy Coordinator for assistance.

Title IX Coordinator:
Janet Simon
Director, Human Resources
McMullen Hall 310
406-657-2221
jsimon@msubillings.edu

Title IX Deputy Coordinator:
Dr. Stacy Klippenstein
Vice Chancellor for Student Affairs
McMullen Hall 201
406-657-2307
sklippenstein@msubillings.edu

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexual misconduct, and other physical or verbal conduct of a sexual nature, when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of academic participation or activity, educational advancement, or employment;
  • Submission to or rejection of such conduct by and individual is used as the basis for employment or academic decisions that affect the individual;
  • Such conduct is so pervasive or severe that it has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or limiting participation in University programs; or
  • The intent or effect of such pervasive or severe conduct is to create an intimidating, hostile, or offensive academic or work environment.

In keeping with the University's policy on sexual harassment, Montana State University Billings desires to create a working environment for employees and a learning environment for students which is free of sexual harassment and intimidation.  Materials such as calendars, posters, post cards, photographs and cartoons that contain sexually explicit images or language can create an intimidating, hostile or offensive environment and may subject persons of either sex to humiliation, embarrassment or discomfort because of their gender.  Such materials are inappropriate and should be removed from the workplace.

This policy applies to space provided by the University for the conduct of its business such as offices, shops, classrooms, hallways, lounges, and study carrels.

This policy does not apply to:  (1) libraries, resource rooms, or research collections; (2) materials related to course content or assignments used in the educational setting; (3) displays and exhibits in galleries and museums, or (4) private rooms or family housing units rented from the University.

Sexual Intimidation includes any unreasonable behavior, verbal or nonverbal, which has the effect of subjecting members of either sex to humiliation, embarrassment, or discomfort because of their gender.

Sexual misconduct is any non-consensual physical contact of a sexual nature, including sexual intercourse without consent (rape); sexual assault and any other forms of sexual violence.  Sexual misconduct may vary in its severity and consists of a range of behavior(s) or attempted behaviors that may be grounds for action under University policy.

A.  Prohibited Sexual Misconduct includes:

  1. Sexual Intercourse without Consent:  Unwilling or nonconsensual sexual penetration (anal, oral or vaginal), however slight, with any object or body part that is committed either by force, threat, intimidation or through exploitation of  another’s mental or physical condition of which the perpetrator was aware or should have been aware.

  2. Sexual Assault:  Unwilling or nonconsensual sexual contact.

  3. Sexual contact includes:  1)  intentional contact with the breasts, buttock, groin or genitals or touching another with any of these body parts; 2)  making another touch the perpetrator or themselves with or on any of these body parts; 3)  any other intentional bodily contact in a sexual manner, including contact by a penis, tongue or finger, and oral copulation (mouth to genital contact or genital to mouth contact).

B.  Sexual Exploitation/Coercion:Taking nonconsensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited or coerced.  Examples of sexual exploitation/coercion include, but are not limited to:

  • Relationship violence (intimate relationship violence or domestic abuse)
  • Prostituting another person
  • Nonconsensual video or audiotaping of sexual activity
  • Going beyond the boundaries of consent (such as letting friends hid in the closet to watch sexual intercourse)
    Engaging in voyeurism
  • Unwilling or nonconsensual sexual activity that arises from the use of verbal pressure or misuse of authority.  Knowingly transmitting an STD or HIV to another person.

C.  Consent:  Consent is an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity.  Consent must be informed, freely and actively given.  The lack of a negative response is not consent.  An individual incapacitated by alcohol and/or drugs whether voluntarily or involuntarily consumed may not give consent.  Effective consent also cannot be given by minors, or mentally disabled.

Reporting:  Students, staff or faculty who believe they have been sexually harassed or have been the victim of sexual misconduct may file a report with the Title IX Coordinator or Deputy Coordinators.

Mandatory Reporting for Employees:  Any employee of the university who is informed of an allegation of sexual harassment or sexual misconduct involving a student must promptly notify the Title IX Coordinator.  Campus employees serving in certain professional roles which enjoy a statutory privilege are not required to disclose information which is privileged under Montana law (e.g., medical providers, licensed professional counselors, rape crisis counselors).  Therefore, to the extent that these employees receive information in connection with the performance of their professional responsibilities, they are not required to report under this section unless otherwise required to do so by law.  [Ref. §§ 27-1-1102, MCA and 50-16-530, MCA]  Persons may file a report using the Title IX report form here .

Upon receipt of a report, the Title IX Coordinator, or designee, will promptly investigate in accordance with Discrimination Investigation Procedures.  The Title IX coordinator will initiate actions to ensure that the educational and work environment is free of discrimination which includes stopping any harassment or sexual misconduct and preventing is reoccurrence.  Additionally, the Title IX Coordinator shall take such steps as may be appropriate to remedy its effects.

Employees and students are expected to cooperate in investigations of complaints of discrimination.  Failure to cooperate may result in disciplinary action.

Retaliation against persons who file complaints, serve as witnesses or otherwise participate in an investigation of a complaint of discrimination is a form of discrimination and is prohibited.

Training:  To educate employees on the importance of non-discrimination and the prevention of sexual harassment in the work environment and classroom, MSUB requires that all employees (including part‑time faculty and graduate assistants) complete discrimination and harassment prevention training on a biennial basis.  Supervisors shall support the employee in providing a reasonable amount of work time for the employee to complete the training program.

All new employees are required to complete the online training program (or an equivalent training program approved by Human Resources) within the first 30 days of employment.  Temporary employees and student employees may be required to complete the training program at the discretion of the Human Resources office.

Consensual Relationship

A consensual romantic relationship in which one party is in a position to evaluate the work of the other is a potential conflict of interest.  When such a potential conflict of interest results between employees or an employee and a student, the employee shall promptly disclose the potential conflict of interest to his or her supervisor.  The supervisor and the employee shall take steps to ensure that there is no conflict of interest.

The employee's failure to promptly disclose such a potential conflict of interest may require appropriate resolution, including discipline.

MSU Billings Conflict of Interest Policy

This policy is adopted pursuant to Board of Regents Policy 770, Conflict of Interest, and applies to all 0.5 FTE or greater employees (hereafter, employees) at Montana State University Billings and Montana law, Standards of Conduct Code of Ethics, Title 2, Chapter 2, Part 1, MCA.  Procedures for Conflict of Interest can be found at www.msubillings.edu/humres/policies.

NEXT: Annual Crime Report


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