Glossary of Terms

Advisor means a person chosen by a party to be present during an investigation and hearing, and to conduct cross-examination on behalf of a party during any live hearing conducted under these Procedures. If a party does not have an Advisor during a live hearing, the University will appoint an Advisor to conduct cross-examination on behalf of that party.
Complainant means an individual who is alleged to be the subject of Prohibited Conduct under the University’s Discrimination, Harassment, and Retaliation Policy.
Day means any day the University is open for business, which excludes weekends and University recognized holidays.
Exculpatory Evidence means evidence that tends to clear a Respondent from responsibility for Prohibited Conduct.
Formal Complaint, as set forth in the Policy at Section III(C), means a document filed by a Complainant or signed by the EO/Title IX Coordinator alleging Prohibited Conduct by a Respondent and requesting that the University investigate and adjudicate the allegation of Prohibited Conduct; and meet the applicability and jurisdiction requirements set forth in UM’s Discrimination, Harassment, and Retaliation Policy at Sections II and IV, respectively. A Formal Complaint may be filed with the EO/Title IX Coordinator in person, by mail, by electronic mail, or at the contact information listed the Policy at Section III. The Formal Complaint must contain the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person filing the Formal Complaint.
Grievance Proceeding means the process described below in Section IV, and includes an investigation, live hearing, and where applicable, a sanction and opportunity to appeal.
Hearing Panel is composed of a representative appointed by each of the Faculty Senate, Staff Senate, Student Senate, and a Chair appointed by the President and is responsible for determining whether the Respondent(s) is responsible for the allegations of Prohibited Conduct. The Chair of the Hearing Panel is responsible for the writing the final written report. The Chair will make the final decision in the event that the Hearing Panel does not reach consensus.
Hearing Panel File means the final written decision, the recording or transcription of the live hearing, and all evidence directly related to the matter.
Inculpatory Evidence means evidence that tends to establish responsibility for the alleged Prohibited Conduct.
Investigator means an individual who does not have a conflict of interest or bias for or against complainants or respondents generally, or an individual Complainant or Respondent; has been trained on the definitions of Prohibited Conduct, and the scope of the University’s jurisdiction, how to conduct a fair and impartial investigation, on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
Prohibited Conduct means conduct described in Section XI of the University’s Discrimination, Harassment, and Retaliation Policy.
Report of Prohibited Conduct means information submitted to the EO/Title IX Office at the contact information listed at Section III of the policy, or the form located in the EO/Title IX website: www.umt.edu/eo, a phone call to or message left at (406) 243-5710, or through the University’s Maxient system, as set forth in the Policy at Section III(A).
Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct.
Supportive and Protective Measures are defined in Section VI of the University’s Discrimination, Harassment, and Retaliation Policy.
Title IX Coordinator means the individual who is responsible for coordinating efforts of the University to notify applicants for admission and employment, students, employees, and all unions holding collective bargaining agreements with the University of the identity of the Title IX Coordinator, contact information for the Office of Equal Opportunity and Title IX, information about how to file reports of Prohibited Conduct, for disseminating the Policy and Procedures and non-discrimination notices, for coordinating responses to reports of Prohibited Conduct, for ensuring that the Grievance Procedure provides for prompt and equitable resolution of Formal Complaints of Prohibited Conduct, for ensuring that investigators, Advisors, Hearing Panel members, and all other University officials facilitating an Informal Resolution or Formal Grievance Proceeding are properly trained, and for ensuring effective implementation of any remedies. Where the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator is not a Complainant or otherwise a party.
University Program or Activity means locations, events, or circumstances over which the University exercised substantial control over both the Respondent and the context in which Prohibited Conduct is alleged to have occurred, and also includes any buildings owned or controlled by a student organization that is officially recognized by the University.