MSU’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND STALKING

INTRODUCTION

Montana State University’s Discrimination, Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and Retaliation Policy and the Student Code of Conduct prohibits sexually violent acts, termed “Sexual Misconduct” by MSU, which can be crimes as well. MSU prohibits the crimes of domestic violence, dating violence, sexual assault, sexual exploitation, and stalking (as defined by the Clery Act) and reaffirms its commitment to maintaining a campus environment that emphasizes the dignity and worth of all members of the university community. Toward that end, MSU issues this statement of policy to inform the campus community of our programs to address domestic violence, dating violence, sexual assault, sexual exploitation and stalking as well as the procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, sexual exploitation or stalking, which will be followed regardless of whether the incident occurs on or off campus when it is reported to a University official.

Under University policy, Sexual Misconduct includes sexual assault, inducing incapacitation for sexual purposes, sexual exploitation/coercion, non-consensual sexual contact, sexual exploitation; also prohibited are dating violence, domestic violence, stalking, and sexual harassment. While MSU may utilize different standards and definitions than Montana law, sexual misconduct often overlaps with the criminal acts. Victims of these behaviors are protected by federal laws, specifically Title IX, Title VII and the Clery Act, which mandates the content of this report.

MSU recognizes that these issues can impact anyone regardless of their sex, gender, gender identity, gender expression, or sexual orientation. Campus services are available to all victims.

Throughout this document, the term victim will be used regarding anyone who experiences a Clery- covered crime. MSU recognizes that individuals may use a variety of terms to describe themselves and their experience.

RETALIATION PROHIBITED

Retaliation is prohibited by MSU policy and federal law. Any retaliation against any person for reporting concerns, or filing, testifying, assisting, or participating in any manner in investigations or proceedings involving allegations of violation of the Discrimination Policy, is prohibited. Retaliation is subject to the same discrimination grievance procedure and the same potential sanctions.

REPORTING SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, STALKING, AND RETALIATION

In the event that sexual assault, stalking, dating or domestic violence do occur, MSU takes the matter very seriously. MSU will provide victims written notification of their rights, options, and resources, including counseling and victim advocacy. The written notification will also include how to request interim measure support including no contact orders, and assistance with housing, academic, transportation, and/or working accommodations, if they are reasonably available. This assistance is provided when it is reasonably available and requested by the victim, regardless of whether the victim chooses to report the crime to law enforcement.

Everyone is encouraged to report if they experience one of these issues or if they know of someone who is a victim.

Victims have the right to:

• Pursue action through both MSU’s process and the criminal process
• Pursue action only through MSU’s process
• Pursue action only through the criminal process
• Report to the police and decline to pursue further action by law enforcement
• Seek confidential support on campus through Counseling and Psychological Services and/ or the VOICE Center or off campus through confidential resources listed below
• Report to OIE and decline to pursue further action
• Report anonymously
• Do none of the above (victims are still encouraged to seek support)

1.  Reports to MSU’s Title IX Coordinator and Office of Institutional Equity

Title IX is a federal civil rights law that protects against discrimination, harassment, and violence in educational programs on the basis of actual or perceived sex, gender, and sexual orientation.

Anyone can report to the Title IX Coordinator. These reports are not confidential but are private and student records are protected under federal privacy law (FERPA). Reporting to the Coordinator does not mean a person is obligated to pursue any formal action or speak with law enforcement. Those who report to the Title IX Coordinator will be made aware of their rights, options, and resources and will receive assistance as reasonable and necessary to help the person be safe and continue to be successful at MSU.

Reports can be made by phone, e-mail, online, or in person.

Director of the Office of Institutional Equity and Title IX Coordinator 303 Montana Hall

406-994-2042

[email protected]www.montana.edu/equity

2.  Reports to Law Enforcement

MSU encourages accurate and prompt reporting of all crimes to campus police and local law enforcement when the victim elects to, when there is an obligation under state law, or when there is an emergency. Although MSU strongly encourages all members of its community to report violations of sexual misconduct to law enforcement, it is the victim’s choice whether or not to make such a report and victims have the right to decline involvement with the police. If the victim desires to report the matter to law enforcement, MSU will provide assistance to the victim to make a report.

Certain offenses such as sexual intercourse without consent, sexual assault, domestic and dating violence, and stalking are considered criminal violations of the law and University law enforcement officials are available 24 hours a day to help respond to reports of these offenses.

MSU encourages reporting to the police as soon as possible but if a student chooses not to report immediately, a report can be made later. At the MSU Police Department, a student can meet a detective or officer to learn more about their options, the process, the people involved and make an informed decision on pursuing criminal charges. If requested, University officials, such as the Director and Civil Rights Investigators in the Office of Institutional Equity are available to assist students in reporting to the University Police or other law enforcement agencies.

In addition to reporting to the University, anyone can make a report with law enforcement at the following non-emergency numbers:

University Police: 406-994-2121

Bozeman Police Department: 406-582-2000

Gallatin County Sheriff’s Department: 406-582-2100

In an emergency, please dial 9-1-1.

3. Anonymous Reporting

Victims and bystanders (but not employees required to report) can make reports anonymously. MSU may be limited in the ability to investigate an anonymous report unless sufficient information is furnished to enable MSU to conduct a meaningful and fair investigation.

It is possible that an anonymous reporter’s identity may be discovered in the course of an investigation.

Reports can be made anonymously to OIE by calling 406-994-2042.

Reports can be made anonymously to University Police via the Silent Witness Program: [email protected]

Reports can be made anonymously to MSU and OIE via the Compliance Hotline 24 hours a day: 855-753-0486 or http://www.montana.edu/orc/reporting/hotline.html

4.  Required Reporting by MSU Employees

To enable MSU to respond effectively and to stop instances of protected class discrimination, harassment, sexual violence, and retaliation, all University employees must promptly (normally within 24 hours) report all known or suspected protected class discrimination, harassment, sexual misconduct (including sexual assault and sexual exploitation), dating or domestic violence, stalking, or retaliation to the Office of Institutional Equity (OIE).

Employees who are hired by the University to work under a license or statutory privilege under Montana law that provides for confidentiality are not required to report but may be required to provide de-identified statistics annually. Victims who are also required reporters are not required to report to MSU about their own experiences.

Reports made to employees will be provided to OIE to ensure the victim is aware of their rights, options, and resources.

FEDERAL CLERY ACT DEFINITIONS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND STALKING

Montana State University prohibits the crimes of Domestic Violence, Dating Violence, Stalking, and Sexual Assault, as defined by the Clery Act. Please see the definitions from the Clery Act below for your reference.

•    Domestic Violence:

1. A Felony or misdemeanor crime of violence committed—
   1. By a current or former spouse or intimate partner of the victim;
   2. By a person with whom the victim shares a child in common;
   3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
   4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
   5. By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence
2. For the purposes of complying with the requirements of this section and 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

• Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the

1. The existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the
2. For the purposes of this definition—
   1. Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such
   2. Dating violence does not include acts covered under the definition of domestic

• For the purposes of complying with the requirements of this section and 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

• Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim if incapable of giving consent.”
  • Rape is defined as the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the
  • Fondling is defined as the touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the

victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.

• Incest is defined as sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by
• Statutory Rape is defined as sexual intercourse with a person who is under the statutory age of

•    Stalking:

1. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
   1. Fear for the person’s safety or the safety of others; or
   2. Suffer substantial emotional
2. For the purposes of this definition—
   1. Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s
   2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the
   3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or

• For the purposes of complying with the requirements of this section and section 41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

MSU POLICY DEFINITIONS FOR DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND STALKING

MSU’s policy definitions, Montana criminal law definitions, and definitions used by the Clery Act to define violations documented in this report may vary. MSU policy definitions are as follows:

1. Sexual Assault means an actual or attempted sexual contact with another person without that person’s Sexual assault includes, but is not limited to:
   1. Involvement in any sexual contact when the victim is unable to
   2. Intentional and unwelcome contact with the breasts, buttock, groin or genitals or touching another with any of these body parts or coercing or forcing or attempting to coerce or force another to touch the alleged violator or themselves with or on any of these body
   3. Any other intentional bodily contact in a sexual manner, including contact by a penis, tongue or finger, and oral copulation (mouth to genital contact or genital to mouth contact).
   4. Sexual intercourse without consent, including acts commonly referred to as “rape.

2. Inducing incapacitation for sexual purposes includes using drugs, alcohol, or other means with the intent to affect or having an actual effect on the ability of an individual to consent or refuse to consent (as “consent” is defined in this policy) to sexual

3. Sexual Exploitation/Coercion occurs when a person takes non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not otherwise constitute one of the preceding sexual misconduct Examples of sexual exploitation include:
   1. Prostituting another person;
   2. Non-consensual visual (e.g., video, photograph) or audio-recording of sexual activity;
   3. Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;
   4. Going beyond the bounds of consent (such as letting your friends hide in the closet to watch you having consensual sex);
   5. Engaging in non-consensual voyeurism;
   6. ) Knowingly transmitting a sexually transmitted disease, such as HIV, to another;
   7. Exposing one’s genitals in non- consensual circumstances, or inducing another to expose his or her genitals; and
   8. Possessing, distributing, viewing or forcing others to view illegal

4. Dating Violence is abuse or violence between partners or persons in a social relationship of an intimate or romantic nature involving one or more of the following elements:

• Battering that causes bodily injury;
• Emotional abuse creating apprehension of bodily injury or property damage;
• Repeated telephonic, electronic, or other forms of communication – anonymously or directly – made with the intent to intimidate, terrify, harass, or

The existence of such a relationship shall be determined based on consideration of the following factors:

• The length of the relationship;
• The type of relationship; and
• The frequency of

5. Domestic Violence is an act of violence committed by a current or former spouse of the victim, by a person with whom the victim share a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic and family violence laws of Montana [Title 40, 15, MCA] or by any other person against an adult or youth victim who is protected under the domestic or family violence laws of Montana. Persons protected include mothers, fathers, brothers, sisters, and other past and present family members of a household.

6. Stalking includes repeatedly following, harassing, threatening, or intimidating another by telephone, mail, electronic communication, social media, or any other action, device or method that purposely or knowingly causes substantial emotional distress or reasonable fear of bodily injury or

MSU DEFINITION OF CONSENT & PURPOSE

Montana State University defines Consent for purposes of making a determination if the University’s Policy prohibiting Sexual Misconduct, including, sexual assault, has been violated.

, Consent is defined by University Policy as:

Consent is an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be informed, freely and actively given. If coercion, intimidation, threats, or physical force are used there is no consent.

There is no consent if a person is mentally or physically incapacitated so that such person cannot understand the fact of, or make a reasonable judgment as to, the nature, potential harmfulness of the conduct, or extent of the sexual situation. This includes incapacitation due to mental disability, alcohol or drug consumption, or being asleep or unconscious. A person who knows or reasonably should have known that the other person is incapacitated may not engage in sexual activity with that person.

There is no consent when there is force, expressed or implied, or use of duress or deception upon the victim. In the absence of mutually understandable words or actions, it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he/she

has the consent from their partner(s). Silence does not necessarily constitute consent. Past consent to sexual activities does not imply ongoing future consent. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent. Effective consent may not be given by minors less than 16 years old.

AMNESTY POLICY

The University strongly encourages students to report instances of sex-based discrimination, sexual harassment, and sexual misconduct involving students. Therefore, students who provide information about sex-based discrimination, sexual harassment, sexual misconduct, dating violence, domestic violence, or stalking involving students will not be disciplined by the University for any violation

of the University’s drug or alcohol possession or consumption policies in which they might have engaged in connection with the reported incident.

CONFIDENTIAL RESOURCES - ON CAMPUS

There are several resources available on campus and in the community that provide free, confidential support to victims of sexual misconduct, dating or domestic violence, and stalking.

VOICE Center

The VOICE [Victim Options in the Campus Environment] Center is the university’s program to support victims of sexual misconduct, domestic violence, and stalking. VOICE will work with students to explain the options for reporting to other campus authorities, including University

Police and the Office of Institutional Equity. MSU VOICE Center will assist the victim in notifying authorities if they request assistance and will advise the victim of the importance of preserving evidence if they choose to bring criminal charges in the future. However, the staff and student advocates in the VOICE Center will support survivors regardless of their reporting decisions.

MSU VOICE Center will treat the student’s interactions with the VOICE Center confidentially in compliance with the privilege afforded to communications with victim advocates under state law. [§26-1- 812, Montana Code Annotated.]

The VOICE Center is located in room 370 of the Strand Union Building (above the Leigh Lounge) and provides primary support and response for anyone impacted by sexual misconduct, dating violence, domestic violence, and stalking. MSU VOICE Center has a 24-hour confidential support line and provides confidential information to students about reporting options, available resources and assistance for the victim, and victim’s rights.

VOICE Center staff and trained advocates are available 24 hours a day via phone, text, or in-person and can provide immediate crisis intervention; free counseling; refer survivors to legal, medical, and psychological service options; and can accompany students in accessing these services. Information is also available at the VOICE Center website.

VOICE Center

370 Strand Union Building (SUB) 24/7 Helpline (call or text): (406) 994-7069 http://www.montana.edu/oha/voice

Counseling and Psychological Services

Talking with a counselor can be an important step in learning about available options as well helping the recovery process. MSU Counseling and Psychological Services offers free, confidential counseling to eligible students and provides counseling on a limited basis for a fee to MSU faculty and staff.

Counseling and Psychological Services

211 Swingle Office: (406) 994-4531 After-hours emergency line: (406) 586-3333 http://www.montana.edu/counseling

University Health Partners

Regardless of the length of time since an assault, health care providers recommend a clinical visit to assess sexually transmitted infections (including HIV), pregnancy risk, and physical injuries. Services are available to eligible MSU students and their spouses/domestic partners. There is no charge for

a clinical visit. There are charges for lab tests, x-rays and pharmaceuticals which may be covered by a student’s insurance. Morning-after contraception is available. The University Health Partners does not perform medical forensic exams. These exams are only performed at the Bozeman Health Hospital Emergency Room.

University Health Partners

Swingle First Floor (406) 994-2311 http://www.montana.edu/health

OFF-CAMPUS RESOURCES

** In Montana, Sexual Assault Nurse Examiners are forensic nurses who may be available to conduct a forensic examination. Here, there is no cost to have a Sexual Assault Forensic Examination completed, and completing the examination does not require the filing of a police report or to take criminal action.

Other resources available to persons who report being the victim of sexual assault, domestic violence, dating violence, or stalking, include:

http://www.rainn.org – Rape, Abuse and Incest National Network http://www.ovw.usdoj.gov/sexassault.htm – Department of Justice http://www2.ed.gov/about/offices/list/ocr/index.html – Department of Education, Office of Civil Rights

HAVEN

HAVEN is Bozeman’s domestic violence shelter and provides 24-hour crisis support and advocacy for all domestic violence survivors. In additional to emergency shelter and crisis support, HAVEN provides support groups, individual counseling, and legal advocacy. A HAVEN Legal Advocate is housed at the Law and Justice Center in Bozeman and can help victims obtain protective orders, including court accompaniment.

HAVEN

24/7 Helpline: (406) 586-4111 http://havenmt.org

Help Center and Sexual Assault Counseling Center

The Help Center is the confidential community crisis line for sexual assault victims and those struggling with suicide and mental health concerns. The Help Center also provides counseling and advocacy services.

Help Center and Sexual Assault Counseling Center 421 E. Peach St., Bozeman, MT (406) 586-3333

http://www.bozemanhelpcenter.org

Bridgercare

Bridgercare is a non-profit reproductive healthcare facility in Bozeman. The professional staff provides affordable reproductive and sexual healthcare and education in a safe, supportive, and empowering atmosphere.

Bridgercare

300 North Wilson Avenue, Suite 2001, Bozeman (406) 587-0681

http://www.bridgercare.org

Bozeman Health Hospital Emergency Room

Bozeman Health Hospital Emergency Room is the only hospital in Bozeman where anyone can obtain a medical forensic exam. Victims may request an exam and forensic evidence collection at no cost and without having to file a police report. The costs of the evidence collection will be covered as part of Montana’s Forensic Rape Examination Payment Program.

Bozeman Health Hospital Emergency Room 915 Highland Boulevard, Bozeman

(406) 414-5000

http://www.bozemanhealth.org/Bozeman-Health-Services/Emergency-Medicine.aspx

Legal Assistance in the Community

• American Civil Liberties Union (ACLU) (406) 443-8590
• Citizens’ Advocate Hotline (800) 332-2272www.citizmt.gov
• Gallatin County Self Help Law Center (405) 582-2158
• Help Center (suicide hot line) 2-1-1 (406) 586-3333

• Human Rights Bureau (800) 542-0807
• Lawyers Referral Services (MT State Bar ) (406) 449-6577
• Montana Legal Services-low income (civil; no criminal) (800) 666-6899
• State Auditor/Insurance Commissioner (Auto insurance questions) (800) 332-6148 sao.mt.gov
• Victims Assistance/Legal Advocacy (406) 582-2038
• If you have a misdemeanor, you can ask the judge for a public defender if you face jail time and are indigent (have no money). 582-2450 (Office of Public Defender)
• Other helpful websites: montanalawhelp.org; www.courts.mt.gov/library (Montana civil legal forms & areas of MT law)

WHAT TO DO IF YOU ARE A VICTIM OF DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING

There is no right or wrong way to respond if you are a victim of domestic violence, dating violence, sexual assault, or stalking. It is important to remember that it is not your fault. The following are options you can consider, but you don’t have to do anything you don’t want to do.

If you are a friend helping someone who is a victim, support their decisions and try to not tell them what to do. Find ways to help them make decisions for themselves.

Seek Medical Attention: After an incident of sexual assault, dating or domestic violence, you should consider seeking medical attention as soon as possible at Bozeman Health Hospital, offering physical evidence recovery kit collection, access to forensic nurse examiners and/or sexual assault nurse practitioners. BDH Sexual Assault Nurse Examiners (SANE) are specially trained and are sensitive to the needs of assault survivors. In the State of Montana, evidence may be collected and held for a year even if you choose not to make a report to law enforcement. If you are uncomfortable going to the hospital, you can go to University Health Partners for a wellness check, but they cannot do forensic exams.

PreserveEvidence: Although it is important for you to make decisions about the kind of service you want, timing is an important factor. It may be important to take action to preserve any evidence for use in a criminal case, even if you aren’t sure what you want right now.

Medical forensic evidence may be collected if a sexual assault occurred within 120 hours of the evidence collection. The passage of time may make it more difficult, but not impossible, for a SANE to obtain forensic evidence. You may request an exam and forensic evidence collection at no cost and without having to file a police report. The costs of the evidence collection will be covered as part of Montana’s Forensic Rape Examination Payment Program. The Bozeman Health Hospital Emergency Room is the only location in Bozeman which conducts forensic examinations.

If you are considering a medical forensic exam it is important that you try not to clean your body, change your clothes, or change any bed linens or other items that may have been near where the assault occurred. This helps preserve evidence that police can use in a criminal case, i.e. proving that the alleged offense occurred, or if you’re requesting a protective order.

Even if you do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of sexually transmitted infections and/or pregnancy.

You are also encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if you have any, that would be useful to a campus and/or criminal investigation. Other evidence of a crime should also be preserved in case criminal charges are pursued. Evidence might include pictures of injuries, forensic examination, written and electronic communications, text messages, emails, photos, or and other evidence that may show a course of conduct.

If you want to talk about these options confidentially, you can talk to anyone on the list of confidential resources above.

Assistance for Victims: Rights & Options

Regardless of whether a victim elects to pursue a criminal complaint or university process, the university will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with a written explanation of their rights and options. Such written information will include:

• the procedures victims should follow if a crime of dating violence, domestic violence, sexual assault or stalking has occurred;
• information about how the institution will protect the confidentiality of victims and other necessary parties;
• a statement that the institution will provide written notification to students and employees about victim services within the institution and in the community;
• a statement regarding the institution’s provisions about options for, available assistance in, and how to request accommodations and protective measures; and
• an explanation of the procedures for institutional disciplinary action

It does not matter where the victim experienced the behavior, MSU is here to work with victims regardless of where the crime occurred.

Rights of Victims and the Institution’s Responsibilities for Orders of Protection,

“No Contact” Orders, Restraining Orders, or Similar Lawful Orders Issued by a Criminal, Civil, or Tribal Court or by the Institution

Montana State University complies with Montana law in recognizing orders of protection or criminal no contact orders by: coordinating with the parties to the Order as needed to ensure access for the individual who has protection under a Court Order. Any person who obtains an order of protection from Montana or any reciprocal state should provide a copy to Campus Police and the Office of Institutional Equity. A complainant may then meet with Campus Police and/or the Office of Institutional Equity to develop a Safety Action Plan, which is a plan for campus police and the victim to reduce risk of harm while on campus or coming and going from campus. This plan may include, but in not limited to: escorts, special parking arrangements, changing classroom locations, or allowing a student to complete assignments from home, etc. The University cannot apply for a legal order of protection for a victim from the applicable jurisdiction(s).

In Montana the law governing Orders of Protection is Chapter 40, Part 21. MCA § 40-15-201 sets forth the procedure for requesting a Temporary Order of Protection. Within 20 days of the issuance of a Temporary Order of Protection, a hearing must be held to determine if there is good

cause for the order to be continued, amended, or made permanent. MCA § 40-15-202. The victim is required to apply directly for these services through the City Court, Justice Court, or District Court. Assistance in applying for an Order of Protection from HAVEN or the VOICE Center. Victim Services may also be available to assist, and the Self Help Law Center located in the Gallatin County Law and Justice Center.

The University may issue an institutional no contact order, if deemed appropriate, at the request of the victim or accused. If the University receives a report that such an institutional no contact order has been violated, the University will initiate disciplinary proceedings appropriate to the status of the accused (student, employee, etc.) and will impose sanctions if the accused is found responsible for violating the no contact order.

Accommodations and Protective Measures (“Interim Measures”) Available for Victims

Upon receipt of a report of domestic violence, dating violence, sexual assault, or stalking, MSU will provide written notification to students and employees about interim measures available to them, including academic, living, transportation, protective orders and working situations. The written notification will include information regarding the accommodation options, available assistance in requesting accommodations, and how to request interim measures (i.e., the notification will include the name and contact information for the individual or office that should be contacted to request the accommodations). Interim measure assistance is available to the individual who experienced the behavior regardless of whether they choose to report the crime to University Police or to a local law enforcement agency.

At the victim’s request, and to the extent of the victim’s cooperation and consent, university offices will work cooperatively to assist the victim in implementing interim measures. If reasonably available, a victim may be offered changes to academic, living, working, protective measures or transportation situations regardless of whether the victim chooses to report the crime to campus police or local law enforcement. Examples of options for a potential change to the academic situation may be to transfer to a different section of a class, withdraw and take a class at another time if there is no option for moving to a different section, etc. Potential changes to living situations may include moving to a different room or residence hall. Possible changes to work situations may include changing working hours. Possible changes in transportation may include having the student or employee park in a different location, assisting the student or employee with a safety escort, etc.

To request changes to academic, living, transportation and/or working situations or protective measures, or to receive assistance in requesting interim measures, a victim should contact the Director of the Office of Institutional Equity, Emily Stark, at 406-994-2042, [email protected] or [email protected], you may also make requests in person in Montana Hall

303. You may request interim measure assistance by making a brief statement about what was experienced, and request the changes that you believe would be helpful to remain safe and successful in your campus environment. Upon receipt, the Office will determine if the request is reasonable and work to implement the interim measures.

MSU’S EDUCATION AND OUTREACH

In an effort to reduce the risk of sexual misconduct as well as the crime of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence occurring among our students, MSU utilizes a range of campaigns, strategies, and initiatives to promote awareness, educational, risk reduction, and prevention programming.

MSU offers programming each year to identify and prevent domestic violence, dating violence, sexual assault, and stalking. Educational programs are offered to raise awareness for all incoming students and employees. Students participate in educational programming during new student summer orientation and throughout an incoming student’s first semester. Employees attend New Employee Orientation during their first month at MSU and attend Mandatory Reporter Training each year. The University engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault and stalking that:

1. Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and
2. Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal

Educational programming consists of primary prevention and awareness programs for all incoming students1 and new employees and ongoing awareness and prevention campaigns for students and employees. Programs and other campaigns offered throughout the year to all students and employees include strong messages regarding not just awareness, but also primary prevention (including normative messaging, environmental management, and bystander intervention), and discuss institutional policies on sexual misconduct as well as the Montana definitions of domestic violence, dating violence, sexual assault, stalking, and the Montana definition of consent in reference to sexual activity. The program provides the institution’s definition of consent AND the purposes for which that definition is used. The programming also includes a statement that the institution prohibits

the crimes of domestic violence, dating violence, sexual assault and stalking (as defined by the Clery Act).

A description of safe and positive options for bystander intervention is also provided. Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.

Programs also offer information on risk reduction that strives to empower victims, how to recognize warning signals and how to avoid potential attacks and do so without victim-blaming approaches.

The programming also includes information regarding:

1. procedures victims should follow if a crime of domestic violence, dating violence, sexual assault and stalking occurs (as described in “Procedures Victims Should Follow if a Crime of Domestic Violence, Dating Violence, Sexual Assault and Stalking Occurs” elsewhere in this document)
2. how the institution will protect the confidentiality of victims and other necessary parties (as described in “Assistance for Victims: Rights and Options” elsewhere in this document);
3. existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community (as described in “Assistance for Victims:

Rights and Options” elsewhere in this document); and

1. options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures (as described in “Assistance for Victims: Rights and Options” elsewhere in this document);
2. procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking (as described in “Adjudication of Violations” elsewhere in this document);

In the past year, offices across campus have facilitated dozens of programs reaching thousands of students on topics ranging from violence prevention and response, bystander engagement, healthy relationships, and gender equity.

MSU offices directly involved in these programs include the MSU VOICE Center, Office of Health Advancement, Office of Institutional Equity, Residence Life, Intercollegiate Athletics, Office of the Dean of Students, University Police, Women’s Center, Diversity Inclusion Student Commons the President’s Commission on the Status of University Women, ADVANCE, and Equity Advocates.

MSU’s Education Outreach includes:

1. Violence Prevention Workshop – A five-hour workshop marketed to all MSU students, faculty and staff offered within the first six weeks of Fall and Spring Participants engage in interactive learning focusing on the primary prevention technique of bystander intervention. Consent is defined and discussed within the workshop. Additional topics include gender stereotypes, causes of violence, and how to support a survivor of sexual violence.

2.  Orientation Sessions –

1. Summer Orientation (Students): The MSU Orientation office worked with the MSU VOICE Center to develop a skit-based presentation presenting common issues facing freshmen This included information about Sexual Assault Prevention.
2. NewEmployee Orientation (Staff): Every new employee of MSU is required to attend a half day New Employee Office of Institutional Equity (OIE) and MSU VOICE Center present information about discrimination and harassment, sexual assault prevention, and available resources.
3. NewFacultyOrientation: All new faculty at MSU are required to attend a New Faculty OIE presents information about discrimination and harassment, sexual assault prevention, and available resources.

3. Educational outreach and safety presentations: residence hall supervisors; Greek organizations; student athletes; student orientation leaders; and faculty and staff groups and
4. #SetTheExpectation – MSU Athletics joined with the MSU VOICE Center to develop programming focused on violence prevention. This included several trainings and tabling events throughout the year.
   1. One Love – MSU Athletes and MSU VOICE Center Educators were trained to facilitate conversations following the screening of Escalate, a movie depicting Dating violence, Sexual assault, and Stalking from the One Love

4.  Awareness Campaigns:

1. Don’tCancel That Class (DCTC) – Facilitated by the VOICE Center, faculty who have to miss a class can choose to bring in a VOICE Center facilitator to present to the class about consent, healthy relationships, bystander intervention, and other issues related

to violence prevention and response. This is done through Not in Our House – the educational team within the MSU VOICE Center.

1. It’sOn Us – Members of the MSU community can sign the It’s On Us pledge as part of the national It’s On Us The signing of the pledge is hosted by the MSU VOICE Center and held in front of Montana Hall for one week each semester.
2. Sack Lunch Seminars – the MSU Women’s Center facilitates regular seminars on issues related to violence prevention, gender equity, and intersectional identity, among other
3. TakeBack the Night – A collaboration between MSU Student organization, Students Against Sexual Assault (SASA) and the MSU VOICE Center uniting to take a stand against Specifically Take Back the Night focused on Missing and Murdered Indigenous Women (MMIW). Events include a Survivor Art Show, a Survivor Speak-out, a rally, a march, and a celebration. All events are free and open to the community.
4. Respect is Hot Campaign – The MSU VOICE Center collaborates with local coffee shops to offer information and education on Healthy Relationships and resources available for survivors of sexual assault, relationship violence, stalking, and

5.  Passive Programming:

1. Social Media Campaign – The MSU VOICE Center posts information and educational posts on Facebook, Instagram, and Twitter daily throughout the Each month has a different topic focused on violence prevention.
2. Posters and Flyers – The MSU VOICE Center, OHA, and Women’s Center work in conjunction to create posters and flyers focused on bringing awareness to sexual violence, relationship violence, stalking, and These posters and flyers are hung in the student union every semester and throughout the Residence Life Halls. Electronic posters are placed into the cycle on television screens throughout campus buildings.
3. TablingEvents – The MSU VOICE Center, OHA, and OIE regularly attend tabling events for new and potential students on campus. Information on preventing sexual violence on campus is Events include MSU Friday, Catapalooza, and Student Information Fairs.

6. Lecture Series – the Women’s Center and the President’s Commission on the Status of University Women provide annual lectures specifically centered on gender-based equity Lectures are free to the university community and occur throughout the year.

7. Actually Play – A faculty member from the Film Department directed the play “Actually” on the topic of sexual assault The Play ran for four nights with a panel discussion following each performance. Members of Fraternity Sorority Life, OIE, Dean of Students’ office, and the MSU VOICE Center were panelists.
8. Student online training – MSU uses the Sexual Assault Prevention for Undergraduates/Young Adult Learners (SAPU/SAPYAL) Program in conjunction with edu from Everfi. This online training is mandated for all incoming new undergraduate and graduate students. SAPU/ SAPYAL covers the topics of sexual assault, domestic violence, stalking, bystander engagement, risk reduction, and campus resources. All students are required to take an online follow up training before registering for their second semester on campus.
9. Mandatory Reporter Training – the Office of Institutional Equity facilitates training related to mandatory reporting of protective class discrimination, harassment, sexual misconduct, dating violence, domestic violence, stalking, and retaliation. All reporters are required to attend. The training covers bystander engagement, definitions, victim-centered, trauma-informed response to reports, and campus and community

PRIMARY PREVENTION AND AWARENESS PROGRAMS

Specifically, the University offered the following primary prevention and awareness programs for

all incoming students in 2018:

*DoV means Domestic Violence, DaV means Dating Violence, SA means Sexual Assault and S means Stalking

The University offered the following primary prevention and awareness programs for all new employees in 2018:

*DoV means Domestic Violence, DaV means Dating Violence, SA means Sexual Assault and S means Stalking

ONGOING PREVENTION AND AWARENESS CAMPAIGNS

The University offered the following ongoing awareness and prevention programs for students in 2018:

*DoV means Domestic Violence, DaV means Dating Violence, SA means Sexual Assault and S means Stalking

The University offered the following ongoing awareness and prevention programs for employees

in 2018:

*DoV means Domestic Violence, DaV means Dating Violence, SA means Sexual Assault and S means Stalking

BYSTANDER ENGAGEMENT

Bystander engagement is encouraged through safe and positive intervention techniques and by empowering third-party intervention and prevention. Techniques taught at MSU include the 4 D’s: Direct, Distract, Delegate, and Delay. Students are taught each technique and practice using these techniques in scenarios within the prevention training. Students are encouraged to be mindful of safety when using any bystander intervention technique.

Direct intervention focuses on students identifying an unsafe situation and intervening in a direct manner to prevent violence. Distract intervention offers students the ability to intervene by

distracting individuals involved in a situation and refocusing on an alternative. Delegate intervention encourages students to find assistance in intervening including calling 911 as needed. Delay intervention reminds students to keep themselves safe and not cause additional violence. They also may use this technique to support a survivor in connecting them with appropriate resources if they

have experienced or are experiencing violence. Bystander empowerment training highlights the need for those who intervene to ensure their own safety in the intervention techniques they choose. Bystander Intervention Training also motivates participants to intervene as stakeholders in the safety of the community when others might choose to be bystanders.

Bystanders play a critical role in the prevention of sexual and relationship violence. They are “individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it.”2 We want to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm. We may not always know what to do even if we want to help. Below is a list3 of some ways to be an active bystander. If you or someone else is in immediate danger, dial 911.This could be when a person is yelling at or being physically abusive towards another and it is not safe for you to interrupt.

1. Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are
2. Confront people who seclude, hit on, try to make out with, or have sex with people who are
3. Speak up when someone discusses plans to take sexual advantage of another
4. Believe someone who discloses sexual assault, abusive behavior, or experience with
5. Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance.

REDUCING THE RISK OF VAWA OFFENSES ON CAMPUS AND IN OUR COMMUNITY

We all have a responsibility to keep our campus and community safe. Being aware of different strategies and taking action when you feel someone is unsafe can help someone get out of a potentially dangerous situation. Look out for your fellow Bobcats. If someone looks uncomfortable or afraid, check in, find someone who knows the person who can help, or call someone in a position of authority to step in.

If you ever are unsure about a situation you are in, trust your instincts. Make an excuse to leave, ask for help, or even just walk away. Be true to who you are and what you value most. You aren’t obligated to do something you don’t want to do, and a simple, “I don’t want to” is a good enough reason. If you’re feeling pressured in a situation, or if you’re afraid a blunt “no” will make the situation worse, don’t hesitate to make an excuse or even lie if that’s what you need to do to get out of the situation.

UNIVERSITY RESPONSE TO REPORTS OF SEXUAL MISCONDUCT

MSU has designated the Office of Institutional Equity (OIE) to oversee the University’s compliance with state and federal civil rights laws, including laws covering sexual misconduct, dating violence, domestic violence, stalking, and retaliation. OIE is responsible for overseeing facilitation of the Discrimination, Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking,and Retaliation Policy and the Discrimination Grievance Procedures. This Policy and Procedures include the handling of incidents of sexual assault and sexual exploitation. These policy and procedures cover all faculty, staff, students, and visitors accessing MSU programs and services.

Conduct that occurs off campus can be the subject of a complaint or report and will be evaluated to determine whether it violates this policy, e.g., if off-campus harassment has continuing effects that create a hostile environment on campus. Allegations of off-campus sexual misconduct are of particular concern and should be brought to the University’s attention.

Violations of this Policy will be addressed through the Discrimination Grievance Procedures. Consequences for violating this policy will depend upon the facts and circumstances of each particular situation.

In determining the severity of sanctions or corrective actions, factors such as the frequency and severity of the offense and any history of past discriminatory, harassing, or retaliatory conduct are relevant. A finding of discrimination, harassment that creates a hostile environment or results in a tangible employment or educational action, or sexual misconduct may be cause for disciplinary

action up to and including the discharge of employees and the expulsion of students, in accordance with applicable University policies and procedures and collective bargaining agreements. This Policy and Procedures include the handling of incidents of sexual assault and sexual exploitation.

This policy shall not be construed or applied to restrict academic freedom at the campuses of Montana State University, nor shall it be construed to restrict constitutionally protected expression, even though such expression may be offensive, unpleasant, or even hateful.

In addressing all complaints and reports under this policy, the University will take all reasonable permissible actions to ensure the safety of students and employees while complying with free speech requirements for students and employees.

The University has procedures in place that serve to be sensitive to victims who report sexual assault, domestic violence, dating violence, and stalking, including informing individuals about their right to file criminal charges as well as the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services on and/

or off campus as well as additional remedies to prevent contact between a complainant4 and an accused party, such as changes to housing, academic, protective orders, transportation and working situations, if reasonably available. The University will make such accommodations or protective measures, if the victim requests them and if they are reasonable available, regardless of whether the victim chooses to report the crime to the University Police or local law enforcement. Students and employees should contact the Director of the Office of Institutional Equity, Emily Stark at 406-994- 2042, by email at [email protected] , or in person at Montana Hall 303

If a report of domestic violence, dating violence, sexual assault or stalking is reported to the University, below are the procedures that the University will follow:

Adjudication of Violations

The university’s Discrimination Grievance Procedures includes a prompt, fair, and impartial investigation and resolution process. In all instances, the process will be conducted in a manner that is consistent with the institution’s policy and that is transparent to the accuser and the accused. Furthermore, each policy provides that:

1. The Complainant and the Respondent will have timely notice for meetings at which the Complainant or Respondent, or both, may be present;
2. The Complainant, the Respondent and appropriate officials will have timely and equal access to any information that will be used during formal and informal investigations;
3. The institutional disciplinary procedures will not be conducted by officials who have a conflict of interest or bias for or against the Complainant or the Respondent;
4. The Complainant and the Respondent will have the same opportunities to have others present during any institutional The Complainant and the Respondent each have the opportunity to be advised by an advisor of their choice at any stage of the process and to be accompanied by that advisor to any related meeting or proceeding. The University will not limit the choice of advisor or presence for either the Complainant or the Respondent in any meeting or institutional proceeding, unless that advisor is also a witness to the alleged events. Please note, however, the role of the advisor is limited to providing advice to the individuals, and may not speak on their behalf;
5. The Complainant and the Respondent will be notified simultaneously, in writing, of any initial, interim and final decision of any formal investigation; and
6. Where an appeal is permitted under the applicable policy, the Complainant and the Respondent will be notified simultaneously in writing, of the procedures for the Respondent and the victim to appeal the result of the institutional disciplinary When an appeal is filed, the Complainant and of the Respondent will be notified simultaneously in writing of any change to the result prior to the time that it becomes final as well as of the final result once the appeal is resolved.