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PREAMBLE

The University of Montana - Missoula has adopted this procedure, as required by federal law, to provide for: (1) impartial investigation of complaints alleging prohibited discrimination; (2) appropriate due process for any individual against whom a complaint of prohibited discrimination is made; and (3) prompt and equitable resolution of complaints when prohibited discrimination has occurred. In all cases, The University of Montana - Missoula seeks to fully meet its dual obligations to stop or prevent prohibited discrimination, and to provide appropriate due process for anyone against whom a complaint of prohibited discrimination is made. Every effort will be made to encourage informal resolution of complaints through mediation and agreement. When informal resolution is not possible, the procedure provides for investigation and determination if prohibited discrimination has occurred. A Complainant dissatisfied with the findings or recommendations for discipline of the investigating officer may appeal to the Discrimination Grievance Committee. Any individual accused of discrimination who disputes the findings or recommendation of the investigating officer will be afforded due process through applicable collective bargaining agreement or personnel policy. A faculty member may be disciplined only under the discipline/discharge provisions of the MUS-UTU collective bargaining agreement.

BOARD POLICY

University Discrimination Grievance Committee

A. Jurisdiction of the Committee

• Scope of Jurisdiction. The University Discrimination Grievance Committee has jurisdiction over any complaint of discrimination (other than those which may be initiated under the grievance procedures in existing collective bargaining agreements). Complaints may be initiated by any faculty member, student, staff member or by an applicant for admission to or employment with any program, activity, or organization conducted, sponsored, or contributed to by the University or regarding any University policy or regulation or any official action of any University employee. The jurisdiction of the committee includes complaints arising under any state or federal nondiscrimination law or regulation or University policy including the following: (a) Executive Order 11246 as amended by Executive Order 11375 and implemented by Revised Order No. 4; (b) Civil Rights Act of 1866; (c) Civil Rights act of 1871; (d) Titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d) as implemented by 45 CFR part 80); (e) Title IX of the Education Amendments of Policy Number 55.0 Page 2 1972 (20 U.S.C. 1681 et. seq.) as implemented by 45 CFR part 86; (f) Section 799A and 845 of the public Health Service Act (42 U.S.C. 295H-9 and 298B-2); (g) Sections 503 and 504 of the Rehabilitation Act of 1972 (29 U.S.C. 794); (h) Age Discrimination Act of 1975; (i) Age Discrimination in Employment Act of 1967 as amended (29 U.S.C. 621); (j) Equal Pay Act of 1963; (k) Vietnam Era Veterans Readjustment Act of 1974; (l) Montana Fair Labor Practices Act (RCM 1947, Sec. 64-301 et. seq.) as amended by Chapter 524, Law of 1975; (m) Chapter 487 Laws of 1975 (Montana Administrative Code Title 24, Chapter 9); (n) Americans with Disabilities Act; (o) Any other state or federal laws or regulations or contractual or legal relationships, or University policy or regulation adopted through regular and customary procedures, which impose nondiscrimination requirements, the breach of which would constitute a valid complaint.
• The jurisdiction of the committee is specifically limited to questions of discrimination. Neither the review process nor the committee's recommendations should include any substantive matters other than those directly related to discrimination. (For example, the committee should not consider whether or not an employee should have been promoted but whether the denial of promotion was materially influenced by or resulted from discrimination. If the committee finds that the employee was a victim of discrimination, the recommendation would be that the employee be reconsidered for promotion in a manner which would preclude discrimination.)
• Jurisdiction: The committee generally does not have jurisdiction over a discrimination complaint until the Complainant has exhausted the "Informal Procedure" and has initiated an appeal from that procedure in the manner specified. Under the following circumstances the committee has original jurisdiction over a complaint though the "Informal Procedure" has not been exhausted:
  • When the Complainant is appealing a matter already reviewed and decided by the President about which there has been no previous hearing before the committee.
  • When the Complainant alleges discrimination by The University of Montana - Missoula Equal Opportunity Officer.
  • When the Complainant demonstrates to the University Equal Opportunity Officer that the complaint may not reasonably be resolved by means of the informal procedure.
  • When the University Equal Opportunity Officer refers the case to the committee for decision.

B. Composition of the Committee

• Number of members. The committee shall have eight (8) permanent members including the Chair.
• Representative Membership. Of the eight regular members, two (2) shall be students, two (2) shall be members of the faculty, two (2) shall be members of the non-academic staff, and two (2) shall be representatives of the administration.

C. Selection of Members

Eight regular members shall be appointed by the President from among four (4) candidates nominated by each of the following groups, and the President shall also designate one (1) alternate from each of these groups:

1. The Executive Committee of the Faculty Senate.
2. The Executive Committee of the Staff Senate.
3. The President of ASUM with the approval of Student Senate.
4. The President's Staff.

D. Quorum

Five (5) of the eight (8) regular members constitute a quorum, but no less than one (1) from each of the four constituent groups specified in B.2. above.

E. Term of Appointment 

• Regular Appointments. To assure cumulative experience and development of expertise as well as continuity and uniformity of decisions, the terms of regular members will be of extended duration and staggered. One student shall be appointed for one (1) year and the other student for two (2) years. Thereafter all student appointments shall be for two (2) years. One faculty member, one member of the non-academic staff, and one administrator shall be appointed for four (4) and the remaining member from each group shall be appointed for five (5) years. All subsequent appointments from these groups shall be for five (5) years.
• Reappointments. Any member whose term has expired and who is willing to continue to serve on the committee may be reappointed by the President.
• Temporary Appointments. The President may appoint a person to serve temporarily as a member of the committee to fill a vacancy, ensure a quorum, or in response to a request from the Chair to avoid delay in proceedings. The term of temporary appointment continues for the duration of the proceedings or until the temporary appointee is replaced by a regular member.

F: Removal of Members

1. The President may either permanently or temporarily remove or replace any regular member of the committee under the following circumstances:
2. in response to a request from those responsible for the nomination of the member;
3. in response to a request from a majority of the committee members;
4. in response to a request from the Equal Opportunity Officer;
5. in response to a request from a committee member that he/she be excused.

If removal is requested by any person or group other than the member him/herself, that member will have an opportunity to rebut any evidence presented in support of the request for removal.

G. Appointment of Officers

1. Appointment of Chair. The President shall appoint the Chair for a two-year term.
2. Appointment of Vice-Chair. The President shall appoint the Vice-Chair for a two-year term.

H. Authority of the Committee

The committee has the authority to (1) require the presence and testimony of witnesses and other evidence held by the University or any student or University employee; (2) arrange with the University Equal Opportunity Officer for appropriate funding and staff support to facilitate hearings and investigations; (3) hold pre[1]hearing conferences; (4) issue hearing orders; (5) hold formal hearings and control conduct of such hearings; (6) make decisions, findings of fact, and recommendations to the President by vote of a majority of the regular members involved in the hearing process.

ADDENDUM A

SECTION: 203.5.2 Appeals (page 1 of 3)
EFFECTIVE: 10/25/90
ISSUED: 12/26/90

PREAMBLE

1. The purposes of this procedural policy include, but are not limited to the following:
   To assure to the constituencies governed by or served by the Board of Regents,
   the existence of an administrative procedure to exercise any legal right due them
   from the Board.
2. To assure the Board of Regents of Higher Education that the plenary authority they
   maintain over the Montana University System and the Vocational Technical Centers
   is exercised with knowledge of the facts relevant to any decision.
3. To minimize litigation between the University System or the Vocational Technical
   Centers and their constituencies by allowing the Board of Regents to become
   informed as to any disagreement and to allow the Board to exercise its authority to
   remedy a grievance.

BOARD POLICY

1. Any party adversely affected by the final decision of a center director or campus president
   may appeal, within thirty (30) days of the director's or president's decision, to the
   Commissioner of Higher Education, unless a Board of Regents policy or an employment
   agreement explicitly provides that the decision of the director or president is the final
   administrative review. The Commissioner's decision may be appealed to the Board of
   Regents as provided below.
2. The Commissioner may in his or her discretion limit the scope of review to procedural
   matters.
3. The Commissioner may not substitute his or her judgment for the substantive decision
   made by the director or president, unless the director or president's decision was arbitrary
   and capricious, or clearly erroneous based on the facts in the record.
4. This policy does not apply to any matters which are subject to the grievance procedure of a
   Policy Number 55.0 Page 11
   collective bargaining contract.
5. Appeals of decisions initially made by the Commissioner may be appealed to the Board
   pursuant to procedure #6 below.