Prohibited Discrimination and Harassment

Discrimination

is conduct that is based upon an individual’s membership in a protected class that excludes an individual from participation, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a University program or activity. This includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.

Harassment

is covered under this policy if it is based upon an individual’s membership in a protected class. Harassing conduct may take various forms, including, name-calling, 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 by policy, 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 UM’s policy when it creates a hostile environment, as defined by the policy.

Sexual harassment may create a hostile environment.


Pursuant to both federal and Montana law, the University does not discriminate on the basis of an individual’s physical or mental disability. The United States Congress enacted the Americans with Disabilities Act and Section 504 of the Rehabilitation Act to combat discrimination based on disability. In Montana, the Montana Human Rights Act serves the same purpose. Disability discrimination is the denial of privileges or benefits of education or employment, or the denial of the opportunity to participate in university activities, because of an individual’s actual disability, because of that individual’s record of having a disability, or because that individual is regarded as having a disability. Discrimination also includes the failure to make reasonable accommodations that are required by a person with a disability. Retaliation against a student requesting a reasonable accommodation is prohibited.

The University will make reasonable accommodations or program modifications as appropriate to remove any barriers that may exist for an individual with a disability.

However, the University is not required to provide accommodations that would result in an undue hardship to the University. An undue hardship is "an action requiring significant difficulty or expense.”

It is the disabled individual’s responsibility to begin the reasonable accommodation discussion, and the University’s responsibility to engage in a good-faith interaction with the individual, so that both parties can cooperate to develop a reasonable accommodation.

Disability Student Services -