University Policies

Equal Opportunity Policy

Pursuant to Titles VI and VII of the Civil Rights Act, Title IX of the Education Amendments, Section 504 of the Rehabilitation Act, Executive Order 11246, Americans with Disabilities Act of 1990, and the Montana Human Rights Act—Montana State University-Billings has a policy of nondiscrimination in employment practices and in admission, access to and conduct of educational programs. Discrimination is prohibited on the basis of race, sex, color, national origin, religion, age, disability or marital status.

Sexual Harassment Policy (Students and Employees)

Montana State University-Billings affirms its desire to create and maintain a work environment for all employees, and a study environment for all students which supports, nurtures, and rewards career and educational goals on the basis of ability and work performance regardless of sex.

Sexual harassment of employees by co-workers 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:

1) 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;

2) The employee's or student's submission to, or rejection of, such conduct is used as a basis for employment or education decisions; or

3) 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 working or academic environment.

For the purposes of this policy, sexual harassment of a student will also include the following:

1) Unwelcome sexual advances;

2) Requests for sexual favors; or

3) Other verbal or physical conduct or written communication of an intimidating, hostile, or offensive sexual nature where:

a. 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;

b. Submission to or rejection of such conduct by a student is used as a basis for academic or other decisions affecting each student; or

c. 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 Merito Savings Bank, FSB, vs. Vinson, held that a claim of "hostile environment" is now appropriate for investigation purposes. For the purposes of this policy, "intimidating, hostile, or offensive working or academic environment means:

a. unwelcome sexually-oriented jokes, innuendoes, obscenities, pictures or any action with a sexual connotation which makes an employee or student feel uncomfortable in the workplace or academic environment; or

b. 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:

1) Notify the harasser verbally or in writing the behavior is unacceptable;

OR

2) Notify the supervisor; AND

3) 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.

Annual Crime Report

In November of 1990 the Student Right-to-Know Act was signed into law. The Act mandates that institutions of higher education report and make available to both current and prospective students and employees the occurrences of specific crimes at each respective campus. In addition to the number of reported specified crimes, the institutions must report the number of arrests for liquor violations, drug-abuse violations, and weapon violations. The report is available through the Vice Chancellor for Student Affairs, (406) 657-2307, or the Office of Human Resources /EEO-AA, (406) 657-2278.

Americans With Disabilities Act of 1990 Montana State University-Billings Policy Statement

Montana State University-Billings is committed to ensuring compliance with the Americans with Disabilities Act (ADA) of 1990. ADA prohibits discrimination against a qualified person with a disability and is required to make reasonable accommodation to known physical or mental limitations of an otherwise qualified individual unless to do so would pose an undue hardship.

Employees A qualified individual with a disability means someone who satisfies the required skill, experience, education and other job related requirements of a position and who, with or without reasonable accommodation, can perform the essential functions of the position.

Montana State University-Billings will make reasonable accommodation to any known disability that may interfere with an applicant's ability to compete in the selection process or an employee's ability to perform the duties of the job. Departments who are conducting recruitments to fill a vacant position, who have issues with regard to a candidate with disabilities, should coordinate with the Human Resources Office, McMullen Hall, room 310, (406) 657-2278.

Students In accordance with ADA, Montana State University-Billings also ensures academic program accessibility as well as building accessibility for all persons with disabilities. No individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of Montana State University-Billings, or be subject to discrimination by any such entity.

Any student and/or person with disabilities concerned about accessibility and/or accommodation issues should contact Disability Support Services, Liberal Arts, room 216 (406) 657-2283 (Voice/TTY)