University of Montana Title IX Lawyer: A Student Respondent Guide

Awards & Recognitions
As Seen on

Students who search for a University of Montana Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how the University of Montana (UM), in Missoula, handles a sexual harassment complaint against a student under its posted policies and procedures. It covers the University of Montana only, not Montana State University, which has its own separate policy. Your own notice, and the version of the documents that applies to your case, control the actual deadlines.

Which policy applies

UM’s Policies and Procedures page lists two current policies, and a complaint against a student can go down either track:

  • Title IX track. The Sexual Harassment Policy (UM Policy 737) covers hostile environment harassment, quid pro quo harassment by an employee, sexual assault, dating violence, domestic violence, stalking, and sex-based exploitation "within the University’s adjudicatory jurisdiction." That jurisdiction covers sexual harassment "reported to have occurred within a University Program or Activity," meaning places, events, or circumstances where UM "exercises substantial control over both the Respondent and the context," plus buildings it owns or controls and events of University-affiliated student groups. The complainant must be participating or trying to participate in a UM program or activity "when the Formal Complaint is signed." These cases follow the Sexual Harassment Grievance Procedures, which include a live hearing.
  • Non-Title IX track. The Discrimination, Harassment, & Retaliation Policy (UM Policy 735) "addresses Prohibited Conduct that is not covered under the University’s Policy on Sexual Harassment." UM’s Policies page says it covers "sex and gender-based conduct that does not meet the specific criteria outlined under Title IX." These cases follow the Discrimination Grievance Procedures, where the Office of Conflict, Resolution, & Policy (the CRP Office) files the Formal Complaint, and there is no required hearing: the decision-maker "may convene a live meeting," held virtually.

The CRP Office is UM’s Title IX office, and under the Sexual Harassment Policy, "Jurisdiction is determined by the Office of Conflict, Resolution, & Policy." Most of this page describes the Title IX track. Check your notice for the policy and procedures UM named.

The Student Code of Conduct (current revision August 2026) makes conduct prohibited by either policy a Code violation. It says reports involving sexual or discriminatory harassment, intimate partner violence, sexual misconduct, or stalking "will be addressed under the University’s Discrimination, Harassment and Retaliation Policy, or the Sexual Harassment Policy," and that where the Code and a policy overlap UM "may in its discretion conduct one conduct proceeding." The Grievance Procedures also let other alleged policy violations tied to the same events be charged as "Collateral Misconduct" and resolved jointly. The Code still supplies the interim action (emergency removal) process.

Which version applies to you

Neither the Sexual Harassment Policy nor its Grievance Procedures prints an effective date, and neither contains a rule on which version applies to older incidents or complaints. UM’s policy index lists an implementation date of August 18, 2025 for the Sexual Harassment Policy, and the posted PDF files were created in March 2026. Earlier UM policies are on a Former Policy and Procedure page marked "These Policies Are No Longer in Effect," which adds: "If you’re unsure which version of the policy applies to your situation, please contact the CRP Office." The Student Code of Conduct was revised in March 2026 and again in August 2026; the earlier 2026 revision sent these reports only to the Discrimination, Harassment and Retaliation Policy.

The version that applies to you can depend on your incident date and on when the Formal Complaint was filed and your notice was issued. Confirm it with the CRP Office.

Board of Regents policy

UM is part of the Montana University System. Board of Regents Policy 507 makes each campus "responsible for developing policies and procedures in compliance with Title IX," and sets no hearing rules or deadlines of its own. Board of Regents Policy 203.5.2 allows an appeal to the Commissioner of Higher Education after the campus process ends (see Appeals). The steps below come from UM’s own procedures.

Report vs. formal complaint

Anyone can report sexual harassment to the CRP Office, and the Sexual Harassment Policy says "there is no time limit on reporting." UM’s Reporting page says reports can be anonymous, though that may limit UM’s response. After a report, the Title IX Coordinator reaches out to the complainant to offer supportive measures and conducts "an initial assessment of the reported conduct to assess the Policy applicability, evaluate the grounds for dismissal, and determine if other University action is necessary."

A report alone does not start the grievance process. "The University will not initiate any resolution process, as described below at Section VIII, in the absence of a Formal Complaint." A Formal Complaint is "a document signed by a Complainant alleging Sexual Harassment by a named Respondent and requesting that the University investigate and resolve the allegation(s) of Sexual Harassment." The Title IX Coordinator usually prepares it for the complainant to review and sign.

The Title IX Coordinator will also sign an Institutional Formal Complaint "if, in the Title IX Coordinator’s judgment, failing to take action would pose a serious or ongoing threat to the welfare of campus," weighing factors such as the risk of further acts, severity, a possible pattern, and the available evidence. Complaints from the same facts may be consolidated, and a counter-complaint that is not made in good faith is not permitted and may be treated as retaliation.

Early steps after notice

"Upon the filing of a Formal Complaint, the Title IX Coordinator will promptly issue a written notice to the Complainant(s) and Respondent(s)." The Formal Complaint is attached to that notice. If the investigation turns up an additional charge or substantial allegation, you get additional written notice.

Other points from the Grievance Procedures:

  • The standard is the preponderance of the evidence. "This means that individuals are presumed not to have engaged in reported misconduct unless a preponderance of the evidence supports a finding that Sexual Harassment has occurred."
  • You have the right to be treated equitably, to one advisor and one support person, and to a process free from bias. If you believe the Title IX Coordinator, investigator, or hearing panel has a conflict of interest or bias, you "may request alternative personnel"; no deadline is stated, so raise it as soon as you learn of it.
  • Parties and witnesses "may choose to participate or decline to participate in the investigation," but UM may continue without you, and a party who does not participate keeps the rights the policy provides.
  • You may accept responsibility at any time before the written determination, which sends the matter to sanctioning. The procedures list acceptance of responsibility as a factor that "may lessen, not increase, the severity of the sanctions."
  • Information you get "solely through the applicable resolution process" may not be printed, posted, copied, or shared without UM’s written permission. That rule does not stop the parties from discussing the reported conduct or gathering and presenting relevant evidence. Meetings are not recorded, except the live hearing, and outside recordings are not allowed.
  • UM may briefly delay an investigation, for example at the request of law enforcement. Criminal charges being filed, dismissed, or reduced does not typically change UM’s process.

The Grievance Procedures do not define "day." They state deadlines as, for example, "ten (10) days," without saying calendar or business days, while the Student Code of Conduct uses "working days" for its own steps. This page keeps each figure in the words its document uses. Use the dates in your own notices.

Dismissal

The Title IX Coordinator will dismiss a Formal Complaint, or part of it, if the conduct alleged "even if proven, would not constitute Sexual Harassment," if the conduct "does not meet the applicability of this Policy," or if it "did not occur in the United States." The coordinator may dismiss at any time during the investigation or adjudication if the complainant withdraws in writing, if "the Respondent is no longer affiliated with the University," or if circumstances prevent gathering enough evidence. A dismissed complaint generally may not be refiled absent extenuating circumstances. UM’s Sexual Harassment Grievance Procedures page says a report that does not meet the Title IX criteria "may still be addressed under other University policies, such as the Discrimination, Harassment, and Retaliation Procedures."

Both parties get written notice of a dismissal, with the reasons and the right to appeal. The appeal section lets either party appeal a dismissal, but the only filing deadline it states runs from "the date the Written Determination was issued to the parties." Use the appeal deadline stated in your dismissal notice and confirm it with the CRP Office.

Interim action (emergency removal)

If the Title IX Coordinator finds that a student’s continued presence "constitutes an immediate threat to the physical health or safety of any member of the University community," the coordinator may refer the matter to the Office of Community Standards "to undertake an individualized safety and risk analysis and evaluation under Article VI of the Student Code of Conduct." UM "may remove a student pending resolution of a Formal Complaint in accordance with the Student Code of Conduct," or remove the student from only one program or activity.

Under Article VI of the Code, interim suspension, eviction from University housing, a ban from campus property, or other restrictions "may be imposed effective immediately and without prior notice." The student "may appear before the Vice President for Student Affairs & Enrollment Management or designee, within five (5) working days from the effective date of interim action," to address the reliability of the evidence and whether the student’s presence is a threat. The Vice President or designee then decides whether the interim action continues. Follow the instructions in your interim action notice and act quickly.

Investigation and evidence

The Title IX Coordinator assigns "a properly trained and impartial Investigator." You get written notice of the date, time, location, participants, and purpose of each meeting "with sufficient time for the party to prepare to participate," and you may ask for a reasonable extension. The procedures put the obligation to gather information on UM, but "the parties are expected to provide any relevant information within their knowledge or possession to the Investigator and to do so as early in the process as possible."

Evidence rules:

  • The investigator decides whether evidence is relevant, meaning it tends to prove or disprove an element of the charged conduct.
  • Privileged information and information given to a confidential resource are excluded unless the privilege is voluntarily waived. Treatment records are used only with the person’s voluntary, written consent.
  • Evidence of the complainant’s sexual predisposition or prior sexual behavior is excluded unless offered to show someone else committed the conduct, or it concerns specific prior incidents with the respondent offered to prove consent.

Evidentiary review. You and the complainant receive a Preliminary Investigation Report at the same time. "The parties will have ten (10) days to review the contents of the Preliminary Investigation Report and submit relevant feedback." Feedback can correct your own testimony, respond to things you have not had a chance to address, point out misrepresentations, and challenge authenticity or relevance. It is also your final chance to name witnesses or submit evidence, but "proposed witnesses and evidence will not be accepted in the Evidentiary Review Phase that were reasonably known and available for submission during the Investigation Phase." Evidence the investigator finds related but irrelevant goes in an appendix; if you think it is relevant, you must explain why in your feedback.

The investigator then issues a Final Investigation Report. "The parties will have ten (10) days to review the Final Investigation Report and provide a final written response identifying outstanding concerns with the Final Investigation Report not previously raised." Your response is shared with the other party. The report and the written responses go to the parties, their advisors and support persons, and the hearing panel.

Advisor and hearing

You may have "one (1) Advisor of their choice, who may be, but is not required to be, an attorney," to accompany you to all meetings and give advice, consultation, and support, plus one support person for emotional support. Under the advisor appendix to the Grievance Procedures, an advisor may be present "for all meetings, interviews, and proceedings within the resolution processes, including intake." Outside the hearing, the advisor’s role is limited: "Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission from the CRP Office to do so," and "The Parties are expected to ask and respond to questions on their own behalf throughout the resolution processes." Advisors are asked to sign confidentiality agreements, and "All Advisors are subject to the same University policies and procedures, whether they are attorneys or not." Choosing an advisor who is also a witness creates potential bias problems.

At the hearing, "A party’s Advisor does not participate in the hearing except for the limited purpose of conducting cross-examination on behalf of that party." If you have no advisor, UM provides one "without fee or charge to the party," chosen by UM, "for the sole and limited purpose of attending the pre-hearing conference and the hearing to conduct cross-examination on behalf of that party." (UM’s web FAQ describes this more briefly, as an advisor "just for the hearing.")

How the hearing works under the Grievance Procedures:

  • The hearing panel is "comprised of two university administrators appointed by the Vice President of People & Culture and a Hearing Chair from the Office of Conflict, Resolution, & Policy." The Title IX Coordinator and the investigator cannot serve on it.
  • The hearing "is not intended to be a repeat of the investigation." "New evidence and witnesses cannot be introduced for the first time during the Determination Phase," and witnesses who did not take part in the investigation cannot testify.
  • The Hearing Chair may hold a pre-hearing conference with each party and advisor and invite proposed questions or topics so relevance can be ruled on in advance. You can still propose a new question at the hearing based on new testimony.
  • "All questioning will be conducted by the Hearing Chair and Advisors. Parties are prohibited from directly questioning the opposing party and witnesses." Advisors may ask relevant cross-examination and follow-up questions, and the Hearing Chair rules on relevance before each question is asked.
  • "Any hearing will be conducted virtually." UM records the hearing and makes the recording available to the parties "for inspection or review upon request." No other recordings or transcripts are allowed.
  • UM’s Rules of Decorum require questions in a neutral tone, bar yelling, badgering, and questions that contain accusations or repeat what the investigator already asked, and let the Hearing Chair warn or remove participants.

The Grievance Procedures do not set a day count for scheduling the hearing and do not say how statements from someone who does not testify are treated. UM’s web FAQ says a party is not required to take part in the hearing.

Determination and sanctions

The hearing panel decides, by a preponderance of the evidence, whether you violated the policy and any collateral misconduct charge, and the Hearing Chair writes the determination. If there is no finding of responsibility, both parties get the written determination at the same time. If a student respondent is found responsible, "the Title IX Coordinator will complete the Sanction Phase prior to issuance of the written determination."

"The Title IX Coordinator and Director of Community Standards are responsible for determining appropriate sanctions against Student Respondents." They consider factors including the severity of the violation, its impact, whether you accepted responsibility, and your disciplinary history. Possible student sanctions are disciplinary probation, suspension for a specified period, expulsion ("Involuntary removal of student status indefinitely"), restitution, and other sanctions such as eviction from University housing, bans from facilities or events, loss of privileges, and required classes or counseling. For student respondents, the Sexual Harassment Policy says the outcome is also kept by the Office of Community Standards, under the Montana University System record retention schedule.

Adaptive resolution

After a Formal Complaint, any party or the Title IX Coordinator may propose Adaptive Resolution, UM’s informal process, which may include mediation, restorative practices, or facilitated dialogue. Everyone must give "voluntary, written consent," which pauses the grievance process, and any party may withdraw before it is completed, which restarts the grievance process. The Title IX Coordinator decides whether a resolution is sufficient. "Information learned solely as a result of Adaptive Resolution, which would not likely be discovered through ordinary investigative efforts, may not be used in the Grievance Proceedings," and taking part, declining, or withdrawing cannot be held against a party. A signed agreement resolves the allegations. It is not available for allegations that an employee sexually harassed a student.

Timeline targets

The Grievance Procedures list "reasonably prompt" timeframes: "90 to 120 days" for the grievance process, including an investigation phase of 30 to 40 days, an evidentiary review phase of 20 to 30 days, a determination phase of 30 to 40 days, and an appeal phase of 20 days after an appeal is received, with 20 to 30 days for adaptive resolution. UM’s Sexual Harassment Grievance Procedures page instead says "usually within 90 to 120 business days" and describes the investigation as taking "around 60 days." These are UM’s targets, not deadlines for you. You can ask for an extension in writing, but "Extension requests made after a deadline has passed will generally not be considered."

Supportive measures

The Sexual Harassment Policy describes supportive measures as "individualized tools and services offered as appropriate, reasonably available, and without fee or charge," and says they are "non-disciplinary; non-punitive; not unreasonably burdensome." They "are available regardless of whether a formal investigation is conducted or not." UM’s Supportive Measures page says they "are available to both the person affected (Complainant) and the person accused (Respondent)."

Examples include a counseling referral, deadline extensions or other course adjustments, schedule changes, campus escorts, changes in work or housing, leaves of absence, increased security, safety planning, and restrictions on contact. You can request them from the CRP Office. Violating a contact restriction can be referred to the student conduct process or added to a pending Formal Complaint as collateral misconduct.

Appeals

University appeal. Either party may appeal a determination of responsibility or a dismissal, on these grounds only:

  • a procedural irregularity that affected the outcome;
  • new evidence that was not reasonably available when the determination was made and that affected the outcome; or
  • a conflict of interest or bias of the Title IX Coordinator, investigator, or hearing panel that affected the outcome.

The Grievance Procedures say "An appeal must be submitted to the Title IX Coordinator within ten (10) days of the date the Written Determination was issued to the parties." UM’s web pages describe the window differently: the Sexual Harassment Grievance Procedures page and UM’s Equal Opportunity and Title IX FAQs both say "Appeals must be submitted within 10 days of receiving the written decision." Because the procedures count from issuance and the web pages from receipt, and "day" is not defined, use the date in your written determination, file as early as you can, and confirm the deadline with the CRP Office.

The other party is notified and given a deadline to respond. For student respondents, the appellate officer is the "Dean of Students, or designee." The appellate officer reviews the written statements, the written determination, the hearing recording, and any sanctioning determination, and both parties receive the decision at the same time. "A decision by the Appellate Officer is the final decision of the University and thus concludes the Grievance Proceedings." The procedures add that sanctions "may be immediately imposed, regardless of whether a party files an appeal under Board of Regents Policy 203.5.2."

Appeal to the Commissioner of Higher Education. The two documents describe this deadline differently:

  • The Grievance Procedures say "any party may appeal the final decision of the University, within thirty (30) days of the Appellate Officer’s decision to the Commissioner of Higher Education."
  • Board of Regents Policy 203.5.2 says "Within 30 days of a final campus decision, a party adversely affected by the decision may appeal to the commissioner of higher education," and also says "The final administrative decision at the campus level is that of the president or chancellor or their designee."

This page does not decide which date starts that clock in your case. Count from the earliest possible date and confirm the deadline. The appeal must be in writing, attach the campus decision, and state the basis and the relief requested. The Commissioner decides on the campus record ("The parties to the appeal have no right to introduce materials or raise issues that are not part of the campus record"), may limit review to procedural matters, and may not substitute the Commissioner’s judgment for the campus decision unless it was "arbitrary and capricious, clearly erroneous based on the facts in the record, or violated some legally protected right of the appealing party." A further appeal to the Board of Regents is possible within 30 days of receiving the Commissioner’s decision.

FAQ

Can my advisor be a lawyer?
Yes. The Grievance Procedures allow one advisor of your choice, who may be an attorney but does not have to be. Outside the hearing, advisors generally may not speak for you; at the hearing, your advisor conducts cross-examination. UM provides an advisor free of charge for the pre-hearing conference and hearing if you do not have one.

How long do I have to respond to the investigation reports?
The Grievance Procedures give ten (10) days to respond to the Preliminary Investigation Report and ten (10) days to respond to the Final Investigation Report. They do not say whether these are calendar or business days, so use the dates in your notices.

Do I have to participate?
No. Parties may decline to participate, but UM may continue without you. New evidence and witnesses generally cannot be added at the hearing, so the investigation is the time to present your information.

How long do I have to appeal?
The Grievance Procedures say ten (10) days from the date the written determination was issued; UM’s web pages say 10 days from receiving the decision. An appeal to the Commissioner of Higher Education is described as 30 days from the appellate officer’s decision in the procedures and 30 days from a final campus decision in Board of Regents Policy 203.5.2. Use the dates in your own notices and confirm them.

What if my case is not treated as Title IX?
Conduct outside the Sexual Harassment Policy’s jurisdiction can still be handled under the Discrimination, Harassment, & Retaliation Policy, which uses a different process without a required hearing. Check your notice for the policy that applies.

More guides for Montana schools: Montana Title IX lawyer.

Legal Review: Reviewed by Attorney T. Matthews, Esquire

Disclaimer

This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by the University of Montana. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with UM’s Office of Conflict, Resolution, & Policy.

Sources

Awards & Recognitions
As Seen on
CALL 24/7
Text Us
Live Chat
close

    100% Secure & Confidential

    MENU