Harassment and Sexual Harassment

Harassment based on an individual's membership in a protected class is a form of prohibited discrimination under federal and Montana law and University policy. Protected classes include race, color, religion, national origin, creed, service in the uniformed services, veteran status, sex, age, political ideas, pregnancy, marital or family status, physical or mental disability, sexual orientation, and gender identity.

To be considered unlawful harassment, conduct must occur that creates a hostile work or educational environment, and must be directed at an individual because of his or her membership in a protected class of people. A hostile environment is created when conduct unreasonably interferes with an individual's work or academic performance or participation in UM activities, or when a reasonable person would find the conduct sufficiently offensive. Conduct constituting harassment includes bullying, humiliating, intimidating, or other types of abusive behavior designed to make a person feel degraded because of their membership in a protected class. Stalking and hazing may also constitute harassment. Harassing conduct may be in the form of verbal comments, aggressive actions, or repeated gestures. The conduct may be communicated electronically, in person, or by other means. However, constitutionally protected expression is not considered harassment under this policy. Generally, a few isolated incidents do not rise to the level of an unlawful hostile work or educational environment.

Sexual Harassment

Sexual harassment is a particular form of harassment and is strictly prohibited. This type of harassment can occur by conduct that creates a hostile work environment or when tangible benefits are directly tied to an individual's submission to or rejection of unwelcome sexual conduct. Conduct creating a hostile, intimidating, or offensive environment includes subjecting an individual to unwelcome sexual comments, unwelcome physical contact, or offensive sexual materials as a regular part of the work or educational environment. Whether the conduct amounts to sexual harassment is determined from the perspective of an objectively reasonable person of the same gender in the same situation.

Sexual harassment also occurs when tangible benefits are directly tied to an individual's submission to or rejection of unwelcome sexual conduct. This type of sexual harassment is sometimes referred to as "quid-pro-quo" and can be either express or implied. It only occurs in supervisor/employee or professor/student relationships; e.g., threatening to fire someone for failure to engage in sexual relations, or promising a better grade in exchange for sexual favors.

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The University's goal and obligation is to end harassing behavior before it rises to the level of breaking the law. The University will take immediate action to end harassing behavior, including appropriate disciplinary action, when instances of harassment are identified and confirmed. Supervisors who ignore or fail to report incidents of harassment will also be subject to discipline.  Retaliation against persons complaining about harassment or those who provide information about a claim of harassment also violates laws prohibiting discrimination and will lead to disciplinary action against offenders. Individuals should report harassment to the Office of Equal Opportunity and Affirmative Action in accordance with the Discrimination Grievance Procedure.

The University of Montana Student Assault Resource Center (SARC) provides free and confidential support services University students who have experienced sexual harassment or other forms of sexual violence. Students can locate SARC is in the Curry Health Center, Room 108. SARC's 24-Hour free and confidential support line is 406-243-6559.

SARC Web page: http://life.umt.edu/curry/Departments/SARC/SARC%20Services.php.