University of Montana, Sex Crimes, Montana 2012

University of Montana Settles Sex Crimes Case

In a shocking turn of events, the University of Montana-Missoula in Missoula, Mont., has reached a comprehensive resolution agreement with the federal government to address and prevent sexual assault and harassment of students on campus.

The agreement, reached after a three-year investigation, requires the university to revise its policies, procedures, and investigative practices to provide a grievance procedure that ensures prompt and equitable resolution of sexual harassment and sexual assault allegations.

According to the agreement, the university must also adequately investigate and respond to allegations of retaliation by students who have alleged sexual assault, take sufficient effective action to fully eliminate a hostile environment based on sex, prevent its recurrence, and address its effects.

The university must also ensure that the individuals designated to coordinate its Title IX efforts receive adequate training and coordinate these efforts effectively.

The agreement also requires the university to revise its notice of nondiscrimination to adequately inform students that sex discrimination is prohibited.

The University of Montana anticipates that it will achieve compliance with this agreement within two years.

The investigation was launched in May 2012, and the university’s campus police force, the Office of Public Safety (OPS), was found to have discriminated against women by failing to adequately respond to reports of on-campus sexual assault.

The university’s separate agreement with the federal government requires that it implement or revise policies, provide training, and change practices to improve its response to sexual assault, including combating gender bias.

The university must also work with an independent monitor, community-based organizations, and other stakeholders to develop and implement the reforms described in the agreement and to evaluate OPS’ success in effecting meaningful reform.

The university must demonstrate that its implementation of the agreement has eliminated a pattern or practice of constitutional violations and that it has put in place systems and oversight that will prevent patterns or practices of unconstitutional conduct from recurring.

The university must also develop procedures for gathering and analyzing data to assess the incidence and outcomes of reports of sexual assault.

“For students to feel safe and welcome on college campuses, sexual assault and harassment must be swiftly and effectively addressed,” said Jocelyn Samuels, Principal Assistant Attorney General for the Civil Rights Division of the federal government.

The University of Montana has taken the necessary steps to maintain a safe learning environment for all students, and these agreements provide a blueprint for colleges and universities across the country to take effective steps to prevent sexual assault and harassment.

The university’s cooperation in this matter is commendable, and we look forward to seeing the results of their efforts.

Mandatory Facts:

Defendant/Respondent: University of Montana

Criminal Charges: Failure to adequately respond to reports of on-campus sexual assault and harassment

City and State: Missoula, Montana

Exact Date: May 2012

Sentence/Outcome: Settlement agreement requiring the university to revise its policies and procedures to prevent and respond to sexual assault and harassment

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