Applicable State/Federal Law and College Policies
Sexual assault, dating violence, domestic violence or stalking as those offenses are defined in the Clery Act, 20 U.S.C. § 1092(f), and the Violence Against Women Act, 34 U.S.C. § 12291(a).
- Sexual Assault: Sexual acts directed against another person (Complainant) without the consent of the Complainant, including instances in which the Complainant is incapable of giving consent; incest; and sexual intercourse with a person who is under the statutory age of consent of 16 years old.
- Dating Violence: Dating means violence committed by a person—
a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
b) where the existence of such a relationship shall be determined based on a consideration of the following factors:
(i) The length of the relationship.
(ii) The type of relationship.
(iii) The frequency of interaction between the persons involved in the relationship.
- Domestic Violence: Violence, on the basis of sex, committed by a current or former spouse or intimate partner of the Complainant, or by a person with whom the Complainant shares a child in common.
- Stalking: engaging in a course of conduct, on the basis of sex, directed at a specific person, that would cause a reasonable person to fear for the person’s safety, or the safety of others, or suffer substantial emotional distress.
Montana Code Annotated
- Sexual Assault
- Sexual intercourse without consent
- Provisions generally applicable to sexual crimes