Policy Number: 406.5

Policy: Sexual Misconduct, Sexual and Relationship Violence, and Stalking

Date Adopted: 4/05

Revision Date:

References: "The University of Montana Task Force on Sexual and Relationship Violence and Stalking (2004)"

Approved By: George M. Dennison, President

The University of Montana fosters a safe learning and working environment that supports academic and professional growth of students, staff, and faculty and has zero tolerance for sexual misconduct, sexual harassment, relationship abuse and violence, and stalking regardless of gender, sexual orientation, disability, race, ethnicity, class, religion, or relationship status. When incidents occur, the University will hold perpetrators accountable through appropriate disciplinary actions, while respecting the rights of survivors, in accordance with federal and State law, the University's Student Conduct Code, and other applicable University policies.

Sexual misconduct includes attempted or completed surreptitious visual observation or recordation, indecent exposure, knowlingly transmitting sexual infection, inducing incapacitation for sexual purposes, sexual assault, sexual harrassent, relationship abuse, and violence, stalking, and rape. The University recognizes both men and women as potential perpetrators or victims of sexual misconduct, and that sexual misconduct can involve 1) two people of the same or different genders; 2) strangers; 3) non-strangers; and/or 4) more than two people.

1. Consent: Agreement between equal partners that includes the following elements:
   • Clear, informed, and voluntary communication of intent;
   • Equal partners means people with the legal capacity to consent;
   • Voluntary means subject to modification or withdrawal at any time; and
   • Clear and informed disallows agreement by inference from silence, past consent, or consent to a different form of sexual activity.
2. Surreptitious Visual Observation or Recordation: Watching, gazing at, recording, or attempting to record with any device the intimate acts or parts of others without the knowledge and consent of all parties.
3. Indecent Exposure: Exposing one's genitals under circumstances likely to cause affront or alarm in order to abuse, humiliate, harass, and/or degrade another or others or to arouse or gratify sexual desire.
4. Knowingly Transmitting Sexual Infection: Without knowledge or consent, to infect another sexually.
5. Inducing Incapacitation for Sexual Purposes: Using alcohol, drugs, or other means to facilitate sexual contact or assault.
6. Sexual Assault: Touching without consent the sexual or other human parts of another, directly or through clothing, in order to gratify sexual desire or to cause bodily injury, humiliate, harass, or degrade another.
7. Sexual Harassment: A broad spectrum of behavior, ranging from severe and pervasive sexual innuendoes and gender-based comments made at inappropriate times - even if in the guise of humor - to coerced sexual relations, or using one's position of influence over another to coerce sexual relations or to impose punishment for refusing sexual relations.
8. Relationship Abuse and Violence: Abuse or violence between partners involving one or more of the following elements:
   • Battering that causes bodily injury;
   • Emotional abuse reflecting apprehension of bodily injury or property damage;
   • Repeated telephonic or other forms of communication -anonymously or directly - using coarse language or threats in order to intimidate, terrify, annoy, harass, threaten, or offend;
   • Sexual assault or harassment;
   • Forcible denial of use of or access to owned or shared assets, or limiting or controlling access to educational or work opportunities;
   • Coercion used to compel another to act as directed; and/or
   • Isolation used to deprive another of personal freedom of movement or access to friends, family, or support systems.
9. Stalking: Repeated following, harassing, threatening, or intimidating another by telephone, mail, email, or any other method that purposely or knowingly causes emotional distress or reasonable fear of bodily injury or death.
10. Rape: Penetration, without consent, of the vulva or anus of another using a body member or a manipulated object, or penetration of the mouth of another by the penis to gratify sexual desire, or to cause bodily injury, humiliate, harass, or degrade another; "without consent" means 1) done by the use of violence or force against the victim, 2) when the victim lacks the capacity for legal consent, and/or 3) when the victim is incapacitated or physically helpless.