Benefits of Sexual Harassment Seminar Training in Montana:

The state of Montana prohibits two forms of Harassment as described below: (1) Discriminatory Harassment; and (2) Sexual Harassment.

Discriminatory Harassment is unwanted conduct that is: (a) based upon an individual’s race, color, religion, national origin, creed, service in the uniformed services (as defined in state and federal law), veteran status, sex, gender, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity, gender expression, or sexual orientation; and (b) that has the purpose or effect of unreasonably interfering with a reasonable person’s participation in a University Program or Activity.

Discriminatory Harassment emphasizes the consequence of conduct on an individual’s participation in a Program or Activity.[3] The following factors will be considered in assessing whether conduct objectively constitutes an unreasonable interference in a Program or Activity:

1. The identity of the parties, the nature of the parties’ relationship, and the influence of that relationship on the complainant(s)’ employment or education;
2. The nature, scope, frequency, and duration of the protected class conduct;
3. The degree to which the protected class conduct affected one or more students’ education or individual’s employment; and
4. The nature of higher education.

Acts of Sexual Harassment may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation, and/or gender identity of those involved.

Sexual Harassment is unwanted conduct that: (1) occurs within a situation located in the United States; (2) affects an individual participating or attempting to participate in a University Program or Activity at the time the Formal Complaint is filed; (3) is based on sex, gender identity, gender expression, or sexual orientation; and (4) satisfies the elements of Quid Pro Quo Conduct, Hostile Environment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, or Sexual Exploitation, as defined below.

• Quid Pro Quo Conduct occurs when:
• Conditions the provision of an aid, benefit, or service of the University,
• on an individual’s participation in unwelcome sexual conduct.
• A Hostile Environment is created by:
• unwelcome[4] conduct,
• determined by a reasonable person,
• to be so severe, and
• pervasive, and,
• objectively offensive,
• that it effectively denies a person equal access to advancement.
• Sexual Assault is:
• Non-consensual touching, or coercing or forcing another to touch a person’s intimate body parts (defined as genital area, groin, inner thigh, or breast);
• Penetration, no matter how slight, of a person’s vagina or anus, by any body part or object, or oral penetration by a sex organ of another person without consent; or
• Sexual intercourse between persons who are related to each other to the degree they cannot marry under Montana state law.