If you are a Montana State University student in Bozeman who has been named in a sex-based harassment complaint and you are looking for a Montana State Title IX lawyer, this page explains how MSU’s posted policy structures the process for student respondents. It covers the Bozeman campus only. It does not predict how any case will be handled, and it does not replace the notices you receive or guidance from MSU’s Campus Civil Rights office.
Which policy applies
MSU Bozeman, MSU Billings, MSU Northern, and Great Falls College MSU share one policy: the Equal Opportunity, Non-Discrimination and Harassment Policy, effective May 7, 2025. Each campus has its own Title IX Coordinator. Claims of sex-based harassment, including sexual assault, quid pro quo, stalking, dating violence, domestic violence, and sexual exploitation, are handled under the Policy’s Appendix B, Title IX Procedures. Other protected-class claims, including sex-based discrimination that is not harassment and retaliation, go through Appendix A.
The Code of Student Conduct (effective July 1, 2026) sends complaints against students under this Policy to Campus Civil Rights. Code section 440.00 says the Code’s own hearing procedures, interim-restriction section, and appeal section do not apply to those allegations. Conduct that falls outside the Policy’s jurisdiction is referred to the Office of the Dean of Students under the Code instead.
MSU’s documents describe the version rules for older matters in different ways. The OneMSU policy index ties the policy version to when a report was filed. Policy section 100.00 and the Campus Civil Rights policy page tie it to when the conduct occurred: for Title IX conduct alleged to have occurred entirely before May 7, 2025, Appendix B procedures apply with the older policy’s definitions. Check the policy named in your notice and confirm the applicable version with Campus Civil Rights before relying on any procedure or deadline here.
A 2020 set of grievance procedures is still reachable online. Policy section 2200.00 says the 2025 Policy replaces the earlier policy and procedures for incidents after May 7, 2025.
Report vs. formal complaint
A report and a Formal Complaint are different steps. When sex-based harassment is reported, MSU’s Nondiscrimination Team contacts the complainant, offers supportive and protective measures, explains that those measures are available with or without a Formal Complaint, and invites the complainant to discuss jurisdiction and resolution options.
MSU will not start a grievance proceeding or an informal resolution process without a Formal Complaint. Appendix B section 200.20 defines it as a document signed by the complainant or by the Title IX Coordinator, alleging Prohibited Conduct by a named respondent and requesting investigation and adjudication. The Title IX Coordinator will not sign one without a requesting and participating complainant unless it is necessary to campus safety, based on factors such as a pattern of similar reports, excessive violence, or harm to minors.
The Policy sets no time limit for reporting. It notes that the University’s ability to investigate or respond may be limited if significant time has passed or the respondent is no longer under its jurisdiction.
Early steps after notice
After a Formal Complaint, the Title IX Coordinator or a designee will promptly issue written notice to the known parties. Under Appendix B section 200.30, the notice includes a link to or copy of the procedures, a description of the allegations with known details such as the parties, dates, and locations, a statement that the respondent is presumed not responsible until the process concludes, notice that each party may have an Advisor of their choice, and notice that the parties may inspect and review evidence. If new allegations come up during the investigation, the Investigator gives written notice of them.
How "days" are counted. Policy section 100.00 defines "days" for the Policy and Appendixes A and B as any day the University is open for business, excluding weekends and University-recognized holidays.
Dismissal. Under Appendix B section 200.40, the Title IX Coordinator may dismiss a Formal Complaint at any time during the investigation or hearing if the complainant withdraws in writing, the respondent is no longer enrolled or employed by the University, or specific circumstances prevent gathering enough evidence to reach a determination. Appendix B lists these as discretionary grounds and lists no mandatory dismissal grounds. Both parties receive written notice of a dismissal and the reasons for it. Section 200.40 says a dismissal may be appealed "by following the procedures outlined in Section 300.00," but section 300.00 contains the Rules of Decorum. The appeal rules are in section 400.00, whose 10-day deadline runs from the date "the written determination was submitted to the parties" and does not name a dismissal notice. If you receive a dismissal notice, confirm the appeal deadline and trigger with Campus Civil Rights.
Informal resolution. After a Formal Complaint, the Nondiscrimination Team may offer informal resolution, such as a facilitated conversation or mediation, and either party may ask whether it is appropriate. Both parties must give voluntary written consent, and the Team must decide it is appropriate. It is not available for allegations that an employee sexually harassed a student. Any party may withdraw before a resolution is completed and return to the grievance proceeding. Information learned only through informal resolution, and the fact that someone took part or withdrew, cannot be used in the grievance proceeding.
Investigation and evidence
The University carries the burden of proof. Neither party has to prove or disprove anything, the respondent is presumed not to have engaged in Prohibited Conduct until a final determination, and the standard is preponderance of the evidence (Appendix B section 200.71).
A trained, impartial Investigator gathers evidence and makes factual findings but does not decide whether the conduct violates the Policy. The parties have an equal opportunity to present fact and expert witnesses and other evidence, and interviewees receive written notice of the date, time, participants, and purpose of interviews with time to prepare.
Appendix B section 200.73 sets these review periods:
- Evidence review. Evidence directly related to the allegations is provided to each party and their Advisor in an electronic, read-only format. "The parties will have 10 days to review the evidence and submit a written response." That sentence does not name a separate start event, so use the date stated in your evidence-release notice. If the Investigator collects additional evidence, the parties may review it and "will have 10 additional days to submit a written response."
- Pre-hearing investigative report. "Upon receipt of the pre-hearing investigative report, each party has 10 days to submit a written response to the Investigator."
- Pre-hearing file. After responses are received or the response time expires, the Pre-Hearing File is released to the Title IX Coordinator, Hearing Officer, parties, and Advisors. Assuming the parties had equal opportunities to present evidence, no new evidence is submitted or considered after that release.
The Policy sets no overall deadline for finishing an investigation. It says the Nondiscrimination Team will make reasonable efforts to give advance notice of timelines and may extend deadlines for good cause. MSU’s Campus Civil Rights investigations page says investigations can take six months to a year.
Policy section 1100.60 bars parties from disclosing investigation materials except as permitted, but it does not restrict a party from gathering and presenting evidence, speaking with witnesses as long as it is not retaliation, or consulting family members, confidential resources, attorneys, or Advisors. Personal or unauthorized recording of meetings, interviews, or proceedings is prohibited.
Advisor and hearing
For Title IX matters, Policy section 800.00 describes an advisor as a person chosen by a party to be present during the investigation and hearing and to conduct cross-examination at the live hearing. Section 800.00 says the University "may appoint an advisor" where appropriate, and Appendix B section 200.76 says that if a party does not have an Advisor, "the University will appoint one prior to the Pre-Hearing Conference." The Policy does not require the Advisor to be an attorney.
After the investigation, the Title IX Coordinator appoints a Hearing Officer trained in VAWA and Title IX who has had no prior involvement in the case. The Hearing Officer decides whether the respondent is responsible and whether the conduct violates the Policy, and recommends sanctions if a violation is found. Either party may ask to be in a separate room connected by technology. Before a pre-hearing conference, the Hearing Officer asks each party for a list of anticipated witnesses and cross-examination questions.
At the live hearing, each party’s Advisor asks the other party and witnesses relevant questions "directly, orally, and in real-time," and never the party personally. The Hearing Officer decides relevance before each answer and explains any exclusion. No one can be compelled to answer, and the Hearing Officer will not draw an inference based solely on a refusal to answer or an absence. The Hearing Officer may still consider other evidence and statements otherwise permitted, even from someone who did not take part in cross-examination. Questions about a complainant’s sexual predisposition or prior sexual behavior are not relevant except in two narrow situations listed in section 200.77.
The Hearing Officer promptly issues a written determination, provided to both parties as simultaneously as possible, with findings of fact, conclusions, the rationale for each allegation, any disciplinary sanctions the University imposes, remedies, and appeal procedures. Appendix B sets no numeric deadline for it.
Sanctions. Policy section 1200.00 says sanctions range from warning to expulsion. Appendix B section 500.10 lists student sanctions that include disciplinary probation, required training or educational projects, housing transfer or removal, removal from courses or activities, permanent no contact, suspension, expulsion, a transcript hold, and delay or withholding of a degree. A student respondent may submit a mitigation statement to the Hearing Officer, and accepting responsibility may be considered to lessen, not increase, a sanction. The documents describe the final sanction decision in different terms: Appendix B says the Hearing Officer recommends sanctions, while Code of Student Conduct section 440.00 says the Dean of Students considers the recommendation and imposes the sanctions. Ask Campus Civil Rights which official makes the final sanction decision in your case. Under Appendix B section 500.00, sanctions may be imposed 10 days after receipt of the Hearing Officer’s written determination, or upon receipt of the President’s or designee’s written appeal decision.
Supportive measures
Policy section 700.00 says the University will offer appropriate and reasonable supportive and protective measures to the parties upon notice. They are non-disciplinary, free of charge, and offered as appropriate and reasonably available. Examples include no-contact orders, housing or work changes, academic support and deadline extensions, class schedule changes, and safety escorts. Violating a no-contact order or similar restriction can be referred to a conduct process or added as an allegation.
Emergency removal and interim restrictions. Under Policy section 1800.00, the University may remove a person from its education program or activities, partly or entirely, on an emergency basis when it determines removal is necessary for the health or safety of the campus community or University property. Appendix B does not set out a separate procedure for challenging an emergency removal. Section 1800.00 also says interim restrictions may be imposed on students "pursuant to the Code of Student Conduct," but Code section 440.00 says the Code’s interim-restrictions section does not apply to allegations under this Policy. If a removal or interim restriction is imposed on you, ask Campus Civil Rights which rule and which review process apply.
Appeals
Under Appendix B section 400.00, either party may appeal a determination regarding responsibility or a dismissal. An appeal goes to the Title IX Coordinator "within 10 days of the date the written determination was submitted to the parties," counted under the Policy’s definition of days. The grounds are:
- procedural irregularity that affected the outcome;
- new evidence not reasonably available at the time of the determination or dismissal that could affect the outcome; or
- a conflict of interest or bias of the Title IX Coordinator, Investigator, or Hearing Officer that affected the outcome.
The other party is notified in writing and given a reasonable deadline to respond; no fixed number of days is stated. The President or a designee issues a written decision to both parties simultaneously. That decision is the University’s final decision, and sanctions may be imposed immediately even if a party appeals further under Board of Regents policy.
Board of Regents Policy 203.5.2 allows a party adversely affected to appeal to the Commissioner of Higher Education "within 30 days of a final campus decision." The appeal must be in writing, attach the campus decision, and state the basis and requested relief. The Commissioner reviews the campus record and may limit review to procedural matters. A party may appeal the Commissioner’s decision to the Board within 30 days of receiving it. This is a separate deadline with a different trigger from the campus appeal.
The Code of Student Conduct’s own appeal section, which uses a five-day window, does not apply to matters under this Policy.
FAQ
Will I be told if someone reports me?
The Policy requires written notice to known parties after a Formal Complaint is filed. MSU’s investigations page says the other party is notified only if the complainant signs a formal complaint or asks for an action that involves the other party, such as a mutual no-contact order.
Can my Advisor be an attorney?
The Policy describes the Advisor as a person the party chooses and does not require an attorney. Policy section 1100.60 separately lets parties consult attorneys. If you do not have an Advisor for the hearing, Appendix B says the University will appoint one.
Can I question the complainant myself at the hearing?
No. Appendix B says cross-examination is conducted by each party’s Advisor and never by a party personally.
What if I do not participate?
MSU’s investigations page says the formal process may continue with or without a respondent’s participation. At the hearing, no inference is drawn based solely on an absence or refusal to answer, but the Hearing Officer may consider other evidence.
How long do I have to appeal?
Appendix B allows 10 days, counted under the Policy’s definition of days, from the date the written determination was submitted to the parties. For a dismissal, confirm the deadline and its start date with Campus Civil Rights, because the documents do not name the dismissal notice as the trigger.
More guides for Montana schools: Montana Title IX lawyer.
Disclaimer
This page is general educational information based on official Montana State University and Montana Board of Regents documents as of September 25, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by Montana State University. Policies change and specific facts affect how rules apply, so confirm current requirements and your own deadlines with MSU’s Campus Civil Rights office.
Sources
- Equal Opportunity, Non-Discrimination and Harassment Policy (effective May 7, 2025)
- Equal Opportunity, Non-Discrimination and Harassment Policy PDF, "2025-0611 Updated"
- OneMSU discrimination policy index
- Campus Civil Rights policy page
- Code of Student Conduct
- Code of Student Conduct PDF (effective July 1, 2026)
- Campus Civil Rights investigations page
- Board of Regents Policy 203.5.2, Appeals
