Administrative Policy and Procedures Manual
Policy
Montana State University-Northern intends to provide a campus atmosphere free of violence and unwanted sexual conduct for all students, faculty, staff and visitors. This policy specifically addresses student conduct in cases of relationship and dating violence, sexual assault and stalking, and is complementary to 601.3 STUDENT CONDUCT: VIOLATIONS AND OFFENSES. Employees of Montana State University-Northern should address such complaints under Policy 1001.1 EQUAL EDUCATION/EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PROGRAM.
Portions of this policy and its definitions may parallel published laws, but are in no way intended to substitute or supplant those laws. This policy observes the STANDARDS OF STUDENT CONDUCT set forth in Policy 601.3. As members of the University community, students are expected to comply with and abide by the University policies and guidelines, in addition to federal, state and local laws whether off campus or on-campus.
Relationship and dating violence, sexual assault, and stalking are prohibited and will not be tolerated at Montana State University-Northern. As provided under Montana law, these acts are crimes and are punishable by fines and/or imprisonment; they may be subject to civil suit for damages. At Montana State University-Northern, these acts are violations of policy regardless of race, ethnicity or culture, gender, age, sexual orientation, or disability. The use of alcohol and other drugs in conjunction with an incident of relationship or dating violence, sexual assault or stalking does not mitigate accountability for the commission of these acts nor diminish the seriousness of the offense. Montana State University-Northern commits to supporting victims and holding perpetrators accountable to the best of its ability as part of a Coordinated Community Response to domestic and sexual violence.
Montana State University-Northern’s Office of Judicial Affairs and the ReSPONSE program accept and investigate third-party reports/complaints, as described in the PROCEDURES section of Policy 601.3, concerning relationship and dating violence, sexual assault and stalking. The University will take action to preserve the safety and security of individuals and the entire campus community, and will aid the enforcement of any legally authorized protective action taken by a student. The University holds violations of Orders of Protection to be a violation of this policy and will initiate disciplinary action without waiting for a court decision, if University officials conclude that a violation has occurred.
Students found guilty of any of the acts under this policy and under the conditions of the Student Conduct Code, are subject to disciplinary action including but not limited to dismissal from the University. Based upon findings of internal University investigations and judicial process, University disciplinary action may be taken regardless of the status of any separate criminal or civil legal action.Definitions
Confidentiality: The assurance to all victim/survivors or third-party observers that all information shared in a reporting session is confidential and cannot be released to anyone outside of the ReSPONSE Office without written consent. If the client is a danger to self or others, confidentiality can be breached for the protection of the client and/or potential victim.
Consent: The ability – legally and freely – to agree to an action or course of action. For purposes of this policy, “without consent” means a victim is compelled to submit to an action or course of action by use of force, deception, coercion, or if the victim is mentally or physically disabled or incarcerated. Persons under 16 years of age may not legally give consent in Montana.
Family Member: Includes mothers, fathers, children, brothers, sisters, and other past or present family members of a household. These relationships include relationships created by adoption and remarriage, including stepchildren, stepparents, in-laws, and adoptive children and parents. These relationships continue regardless of the ages of the parties and whether the parties reside in the same household.
Force: The action, attempt or threat of bodily injury by one person against another, or, the threat of retaliatory action by one person, which the threatened person reasonably believes the offender can carry out.
Incident Report: The formal or informal report to an official of the University, HRDC Domestic Violence program or law enforcement about relationship and dating violence, sexual assault or stalking. Under the Student Conduct Code, an Incident Report may be made by the victim/survivor, a witness, or a third party who has knowledge of or suspicion about an incident or situation. If a formal Incident Report is made to ReSPONSE, the Judicial Affairs Officer is notified and judicial proceedings may commence under Policy 601.3; if the report is informal, it is kept confidential and on file in the ReSPONSE office.
Intimate Relationship: An emotional and/or physical connection with another person. This connection may be with friends, roommates or family, and includes people who are dating, cohabiting, married, family members, and/or share a residence. This definition includes current and past relationships and may be an opposite sex or a same sex relationship.
Offender, Perpetrator, or Alleged Perpetrator: Terms variously applied to the person who acts or threatens to act violently against another person, under the definitions of the specifically prohibited acts named in this policy.
Order of Protection: An order of the court for protection of a victim, family member, or witness to relationship or sexual violence. The order may require the following actions: offender’s removal from the residence; transfer possession of property to victim (or prohibit offender from concealing or disposing of property); prohibit any threats, harassment, communication or contact with victim or family members; or order any other relief considered necessary to provide for the safety and welfare of the victim or other designated family members.
Partner(s): Persons who are spouses, former spouses, who have a child in common, and persons who have been or are currently in an intimate relationship. The relationship may be opposite sex or same sex.
Relationship violence: A pattern of behavior in which one partner uses fear and intimidation to establish power and control over the other partner, often including the threat or use of violence. Also known as domestic abuse or battering and including dating violence. Forms of relationship violence may include but are not limited to actions that cause bodily injury through physical, emotional, psychological, economic, or sexual means; and may cause reasonable fear of harm on the part of the victim/survivor, or threaten children or pets. Such violence may be done knowingly or negligently on the part of the perpetrator.
Sexual assault: A criminal act in which one person knowingly subjects another person to any sexual contact without consent, including use of force, deception, coercion, or if the victim is mentally or physically disabled or incarcerated. Persons under 16 years of age may not legally give consent in Montana unless married. Also known as stranger, acquaintance or date rape, and as sexual intercourse without consent.
Sexual contact: Includes touching sexual or other intimate parts of a person directly or through clothing.
Sexual Intercourse without Consent: A criminal act in which one person intends to injure, humiliate, harass or degrade another person using the threat of or act of sexual intercourse without the other person’s consent. Any penetration, however slight, is sufficient, and resistance by the victim is not required to show lack of consent; force, fear, or threat is sufficient.
Sexual Intercourse: Penetration of the vulva, anus, or mouth of one person by the penis or other body part of another person; also penetration of the vulva or anus of one person with a foreign object manipulated by another person.
Stalking: A criminal act in which one person purposely and knowingly causes another person substantial emotional distress or reasonable fear of bodily injury or death by repeatedly following the victim or by harassing, threatening or intimidating the victim. Montana law prohibits stalking in person or by mail, electronic communication, or any other action, device, or method. Stalking includes attempts to contact or follow the stalked person after the stalker is given notice that the victim does not want to be contacted or followed.
Survivor: Term referring to the person who lived through the commission of the prohibited act. Typically used outside the legal context, with the intent of further empowering a victim of violence.
Third-Party or Bystander Report: An Incident Report made by a person not personally involved in the incident being reported. A third party may make an Incident Report to Judicial Affairs or ReSPONSE about an incident witnessed between students or between a student and a non-student either on or off campus. Likewise, the bystander may lodge a complaint against a student through the judicial process if the bystander believes s/he witnessed a violation of University policy. The judicial process for such reports or complaints may be found in Policy 601.3. Third-party reports made to ReSPONSE without a request for judicial process are kept confidential and on file in the ReSPONSE office.
Victim: Term referring to the person against whom one of the prohibited acts was committed. Typically used in the legal context of discussing the crime, and/or to refer to a person who died as a result of the crime
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