Montana Tech’s Policy on Discrimination, Harassment, Sexual Misconduct, Stalking, and Retaliation

Category: Harassment Policies School: Montana Tech of the University of Montana Statement Rating: Yellow Last updated: August 16, 2017

Relevant excerpt

This policy shall not be construed or applied to restrict academic freedom at Montana Tech, nor shall it be construed to restrict constitutionally protected expression, even though such expression may be offensive, unpleasant, or even hateful.

Important Note! Please do not wait to report conduct of concern until harassment becomes sufficiently serious (i.e., severe, pervasive, or persistent) to create a hostile environment. The EEO-AA, designees, and other Montana Tech officials can take proactive steps to prevent harassment from continuing and perhaps escalating and to protect or otherwise assist the person harassed. For example, Montana Tech can arrange for no-contact orders, counseling and changes in class schedules, living arrangements, class requirements, and testing schedules as needed.

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 (as defined in state 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. Harassing conduct may take various forms, including, namecalling, 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, be directed at a specific target, or involve repeated incidents. Sex-based harassment includes sexual harassment, which is further defined below, 4 and non-sexual harassment based on stereotypical notions of what is female/feminine v. male/masculine or a failure to conform to those gender stereotypes. Harassment violates this policy when it creates a hostile environment, as defined in Section II.B, below.

A Hostile Environment based on race, color, religion, national origin, creed, service in the uniformed services, veteran status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity, gender expression, or sexual orientation exists when harassment: is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from Montana Tech’s programs, services, opportunities, or activities ; or when such conduct has the purpose or effect of unreasonably interfering with an individual’s employment.

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