Yellow Light School

University of Montana

Yellow light colleges and universities are those institutions with at least one ambiguous policy that too easily encourages administrative abuse and arbitrary application. Read more here.

Public or Private: Public
Federal Circuit: Ninth Circuit
Head of Institution: President Royce C Engstrom
University of Montana
President's Office
University Hall 109
Missoula, MT 59812
406-994-2341
prestalk@mso.umt.edu
Website: http://www.umt.edu

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Do you have any information, updates, or changes regarding the policies at this institution? Let us know!

On this page, FIRE has excerpted policies that address speech and expression. You may download the full policy in .pdf form, below.

Restrictions on Expressive Rights

Harassment Policies (Learn More)

Green light: Student Conduct Code: General Misconduct 11-12

Malicious intimidation or harassment of another. When a student, with
the intent to terrify, intimidate, threaten, harass, annoy, or offend, (1) causes
bodily injury to another, (2) causes reasonable apprehension of bodily
injury in another, (3) damages, destroys, or defaces any property of another
or any public property, or (4) makes repeated telephone communications anonymously or at extremely inconvenient hours or in offensively coarse
language.
View full policy (PDF, 274 KB).

Yellow light: Student Assault Resource Center: Sexual Harassment Fact Sheet 11-12

Sexual Harassment is: Any unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature.
Sexual Harassment can be:
Direct sexual advances or propositions Sexist and insulting jokes, cartoons and graffiti
Intimidating or excluding women employees to Graphic descriptions or displaying of pornography
jeopardize their employment status Demanding a response, "Hey, baby, give me a smile"
Sabotaging the victim’s work Inappropriate gifts (e.g. lingerie)
Exaggerated, mocking ‘courtesy’ Pressure for dates or inappropriate invitations (e.g. hot tub)
Public humiliation Leering
Insisting that workers wear revealing clothes Hooting, whistling, sucking, lip-smacking, & animal noises
Discussion of one’s partner’s sexual inadequacies ‘Accidentally’ brushing sexual parts of the body
Sexual innuendo or sexually explicit gestures Leaning over, invading a person’s space
Lewd & threatening letters, emails or phone calls Unwelcome grabbing, touching, rubbing or hugging
Tales of sexual exploitation Indecent exposure
Comments about women’s bodies Stalking
Hostile put-downs of women Sexual assault
View full policy (PDF, 928 KB).

Yellow light: Equal Opportunity & Affirmative Action Office: Harassment and Sexual Harassment 11-12

Sexual harassment is a particular form of harassment and is strictly prohibited. This type of harassment can occur by conduct that creates a hostile work environment or when tangible benefits are directly tied to an individual's submission to or rejection of unwelcome sexual conduct. Conduct creating a hostile, intimidating, or offensive environment includes subjecting an individual to unwelcome sexual comments, unwelcome physical contact, or offensive sexual materials as a regular part of the work or educational environment. Whether the conduct amounts to sexual harassment is determined from the perspective of an objectively reasonable person of the same gender in the same situation.
To be considered unlawful harassment, conduct must occur that creates a hostile work or educational environment, and must be directed at an individual because of his or her membership in a protected class of people. A hostile environment is created when conduct unreasonably interferes with an individual's work or academic performance or participation in UM activities, or when a reasonable person would find the conduct sufficiently offensive. Conduct constituting harassment includes bullying, humiliating, intimidating, or other types of abusive behavior designed to make a person feel degraded because of their membership in a protected class. Stalking and hazing may also constitute harassment. Harassing conduct may be in the form of verbal comments, aggressive actions, or repeated gestures. The conduct may be communicated electronically, in person, or by other means. However, constitutionally protected expression is not considered harassment under this policy. Generally, a few isolated incidents do not rise to the level of an unlawful hostile work or educational environment.
View full policy (PDF, 79 KB).

Green light: University Policies: Human Resources- Sexual Harassment 11-12

The following conduct is prohibited: Making unwelcome sexual advances or requests for sexual favors .... The above conduct constitutes sexual harassment when it is sufficiently severe or pervasive as to disrupt or undermine a person's ability to participate in or to receive the benefits, services, or opportunities of the University, including unreasonably interfering with a person's work or educational performance.

Whether conduct is sufficiently offensive to constitute sexual harassment is determined from the perspective of an objectively reasonable person of the same gender in the same situation.
View full policy (PDF, 106 KB).

Free Speech Zones

Yellow light: Student Guide to Event Planning in the UC: Free Speech Area 11-12

The University has set aside the Library Mall as a free speech zone, where speakers are
permitted to speak to the public on any subject of interest to them. The EPO schedules
this space on a first-come, first-serve basis. Use of the space is subject to reasonable
limitations regarding time of day, place and manner of speaking. A speaker may also be
limited in the amount of time he or she can speak, so that others can use the zone.
View full policy (PDF, 76 KB).

Yellow light: Associated Students of the University of Montana: Free Speech 11-12

Would your group like to hand out pamphlets or share an idea on campus? Listed below are the areas you may do this. ... * Use of the Library Mall, Oval, Washington Park, and other outdoor areas is on a first-come, first-served basis and subject to the time, place, and manner restrictions specific to each area. The area between Mansfield Library and the University Center is designated as the Free Speech Zone. * Use of the Free Speech Zone may only be restricted in terms of speaking time and volume. ... * Distribution of printed materials is allowed without permission in the Oval, Centennial Circle (the area near Grizzly Bear statue), the brick walkway from Arthur Avenue to University Hall, and the Free Speech Zone. Distribution is also allowed, at least 40 feet from any entrance, at Washington-Grizzly Stadium, Montana Theatre, Adams Center, and Gallagher Business Building.
View full policy (PDF, 366 KB).

Internet Usage Policies

Yellow light: Residence Life Office: Student Handbook- Telephones and Email 11-12

Anyone making abusive, obscene or harassing telephone/Email messages will be subject to prosecution and/or disciplinary action.
View full policy (PDF, 568 KB).

Yellow light: Board of Regents Policy & Procedures Manual: Information Technology - Students 11-12

GUIDELINES: RECOMMENDATIONS, NOT REQUIREMENTS ... The following items represent, but do not fully define, misuse of information technology resources ... Using resources for derogatory, racially offensive, sexually offensive, harassing, threatening, or discriminatory purposes.
View full policy (PDF, 169 KB).

Advertised Commitments to Free Expression

Green light policy: Student Conduct Code: Student Rights 11-12

The University of Montana recognizes that its students retain the rights provided by the United
States and Montana Constitutions, Federal and State statutes, and other applicable University
policy, while attending the University.
View full policy (PDF, 144 KB).

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The speech codes and policies above were last fully checked via internet and other research means by FIRE in August 2012. According to FIRE’s research the substantive policies are current at least until this date. Directory information, including the name of the president of the college or university, may have been updated more recently. If any policy has been revised, or if you believe that we are in error, please contact us.