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Title IX in Montana: 4 Things to Know

Title IX protects students from discrimination based on sex

  1. What is Title IX?

Title IX is a federal law passed as a follow-up to the Civil Rights Act of 1964 to protect students from discrimination based on their sex. Sex-based discrimination is different treatment or mistreatment of other because of that person’s sex.  

 

Discrimination under Title IX includes discrimination on the basis of sex includes sexual violence such as: 

  • Sexual Harassment,
  • Rape, and
  • Sexual Assault.
     

  1. Why is campus discrimination different?

Schools receive federal funds and have a heightened responsibility to students. Students deserve the opportunity to receive an education free from discrimination. 

Title IX requires schools address sexual violence and protect students. 

  1. What duties does a school owe to students?

Title IX protects all students. This includes students with a disability, who are international, or undocumented.  It protects all students regardless of their sexual orientation and gender identity.

Clear Grievance Procedure - All schools must have a method for receiving and resolving sex-based discrimination complaints. Complaints could arise from:

  • Harassment by school employees,
  • Harassment by other students,
  • Same-sex harassment, 
  • Gender harassment, and
  • Harassment that happens away from the school. 

Prompt Response to Harassment - All schools must take remedial action  end existing sex discrimination AND fix problems casused by past discrimination. These actions should  minimize the burden on the victim. Remedial actions could include:

  • Providing a victim access to services such as: victim advocacy, housing assistance,  changing classes, dorms, or transportation, academic support, counseling, disability services, health and mental health services, and legal help.
  • Disciplinary action against the perpetrator (based on the severity of the harassment or any record of prior incidents)
  • Separate the victim and the perpetrator
  • Direct the perpetrator to have no further contact with the victim

Title IX Coordinators - All schools must name at least one employee to serve as its Title IX coordinator. The Title IX coordinator’s information must be shared with students and employees.

Title IX regulations do not specify a structure or format for the grievance procedures. Procedures must provide for prompt and fair resolution of a problem.

  1. What options do student-victims have?  

Student-victims of sexual violence or sex based discrimination have specific rights under Title IX of the Education Amendments of 1972. Access a list of these rights.

  • Title IX Incident Report

Schools will generally allow students 180 days to file a complaint.  

The school has no obligation to investigate a complaint that is frivolous, has no merit, or where other good cause is present, such as a pending lawsuit. Once a good faith complaint is filed , an investigation begins. An investigation can include interviews with witnesses and the presentation of evidence.  

If the school finds no violation after an investigation, it must notify the victim and the perpetrator of this decision in writing.

If the school believes there is enough evidence of a violation, complaints may be resolved through informal procedures, such as mediation. Students are not required to use informal procedures and should not be pressured into using them. Learn more about students’ rights.

  • Department of Education’s Office for Civil Rights (OCR) Complaint

The OCR is responsible for enforcing Title IX. The OCR requires schools both take forward-looking "prompt and effective action to end the harassment and prevent its recurrence” and backward-looking “take remedial action.”, Filing an ORC complaint may create an opportunity to set up a meeting between students and the administration in order to reach a resolution and further investigation. Victims cannot win money through an OCR complaint.

Students can contact OCR to report sexual harassment by writing a letter or filing a complaint form.

  • Protection Orders

An Order of Protection is a court order designed to stop violent and harassing behavior, and to protect you from someone who has harmed or threatened you and is causing you fear. Learn more about Orders of Protection.

  • Access to Education

Students have a right to education. No child may be denied to schooling in the state where they reside. Schools are required to address anything that gets in the way of  that right. That includes discrimination, bullying, and crime. View the Administrative Rules.

  • Civil Lawsuit

Bullying and violence can cause both physical and mental damage. A victim may be able to file a civil lawsuit against the perpetrator to pay for those damages. That  may include emotional damages and/or medical, financial, and legal bills.

  • Restitution

Restitution is the offender’s debt to the victim for certain losses resulting from the crime.  A judge can order this part of the offender’s sentence in a criminal case.

  • Crime Victim Compensation (CVC)

Montana’s CVC program strives to reduce some of the financial burdens related to a crime.  CVC can help with medical expenses, including counseling. See if you qualify for Crime Victim Compensation.

You can help a survivor of sexual assault by providing information about options and resources. 

It may be helpful to connect the victim, or their parent or guardian, with the following resources: 

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