University of Montana
A red light university has at least one policy that both clearly and substantially restricts freedom of speech. Read more here.
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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)
Student Conduct Code: General Misconduct 13-14
alicious intimidation or harassment of another. When a student, with the intent to
View full policy (PDF, 463 KB).
terrify, intimidate, threaten, or harass (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, persistent and/or
severe communications, including telephone, digital, or electronic communications, that
are unwelcome to the receiver.
Equal Opportunity & Affirmative Action Office: Harassment and Sexual Harassment 13-14
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, 163 KB).
University Policies: Discrimination, Harassment, Sexual Misconduct, Stalking, and Retaliation 13-14
In determining whether harassment has created a hostile environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive.
Harassment is covered under this policy if it is 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, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity, gender expression, or sexual orientation. Harassing conduct may take various forms, including, name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Sex-based harassment includes sexual harassment, which is further defined below, and non-sexual harassment based on stereotypical notions of what is female/feminine v. male/masculine or a failure to conform to those gender stereotypes.
The University may also take appropriate
action if it does not find discrimination or harassment that creates a hostile environment or results in a
tangible employment or educational action, but (a) the University found that the respondent engaged in
disruptive behavior or (b) to prevent the creation of a hostile environment.
A Hostile Environment based on race, color, religion, national origin, creed, service in the uniformed services, veteran status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity, gender expression, or sexual orientation exists when harassment:
View full policy (PDF, 162 KB).
is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from the University’s programs, services, opportunities, or activities ; or
when such conduct has the purpose or effect of unreasonably interfering with an individual’s employment.
Harassment that creates a hostile environment ("hostile environment harassment") violates this policy.
Free Speech Zones
Student Guide to Event Planning in the UC: Free Speech Area 13-14
The University has set aside the Library Mall as a free speech zone, where speakers are
View full policy (PDF, 100 KB).
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.
Associated Students of the University of Montana: Free Speech 13-14
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, 333 KB).
Internet Usage Policies
Board of Regents Policy & Procedures Manual: Information Technology - Students 13-14
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, 132 KB).
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The speech codes and policies above were last fully checked via internet and other research means by FIRE in September 2013. 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.