The U.S. Department of Justice and the U.S. Education Department's Office for Civil Rights have approved the University of Montana's new sexual assault policy, cementing a resolution agreement that the federal government said would make Montana's procedures a "blueprint" for colleges nationwide. While some student activists and victims' rights advocates have lauded the terms of the settlement, which is more extensive than previous federal mandates, free speech organizations have expressed concern that Montana's policy is overbroad and violates the First Amendment. Whereas Montana's previous policy required an action to be "objectively offensive" to be considered harassment, OCR said "sexual harassment should be more broadly defined as 'any unwelcome conduct of a sexual nature,' " including "verbal conduct."
The new policy also requires all faculty to participate in a tutorial on sexual assault and campus regulations, and states that those who refuse will be reported to the Justice Department. Some faculty members have questioned Montana President Royce Engstrom about the provision, The Missoulian reported.