Equal Opportunity & Affirmative Action Office: Discrimination and Harassment

Relevant excerpt

The University of Montana provides a learning and working environment that is free from sexual harassment. Sexual harassment is strictly prohibited. This policy applies to all members of the University community, including all employees and students. All members of the University community are responsible to ensure that the University is free from all forms of sexual harassment.

The following conduct is prohibited:

  • Making unwelcome sexual advances or requests for sexual favors;
  • Threatening an adverse employment or educational consequencefor failure to engage in sexual relations;
  • Promising positive educational or employment-related favors inexchange for sexual favors;
  • Harassing a person based on gender.

The above conduct constitutes sexual harassment when it is sufficiently severe or pervasive as to disrupt or undermine a person’s ability to participate in or receive the benefits, services, or opportunities of the University, including unreasonably interfering with a person’s work or educational performance.

Whether conduct is sufficiently offensive to constitute sexual harassment is determined from the perspective of an objectively reasonable person of the same gender in the same situation.

To be considered unlawful harassment, the conduct at issue must create a hostile work or educational environment, and must be directed at an individual because of his or her membership in one of the above-listed protected classes.

The conduct comprising the hostile work or educational environment must be sufficiently severe or pervasive. This means that the conduct must unreasonably interfere with work or academic performance or participation in University activities, or a reasonable person would find the conduct sufficiently offensive. Generally, a few isolated incidents do not rise to the level of an unlawful hostile work or educational environment. It is the University’s goal and obligation to end harassing behavior before it rises to the level of breaking the law. The University will take immediate action to end the harassing behavior, including appropriate disciplinary action, when instances of harassment are identified and confirmed. Supervisors who knowingly condone or fail to report incidents of harassment will themselves be subject to discipline. Retaliation against persons who complain about harassment or those who provide information about a claim of harassment is also a violation of laws prohibiting discrimination and will lead to disciplinary action against offenders.

Download PDF