Mont. Admin. R. 24.9.1003 - TREATMENT OF STUDENTS
(1) Unless an
exception is based on reasonable grounds, no student shall, on the basis of
sex, be denied equal access to programs, extracurricular activities or services
or benefits or be limited in the exercise of any right, privilege, advantage or
opportunity.
(2) Because of the
potential adverse impact upon female students of restrictions related to
pregnancy or parental status, no student shall be discriminated against because
of pregnancy or actual or potential parental status unless such action is based
upon reasonable grounds.
(a) Unless an
exception is based on reasonable grounds, pregnancy shall be treated as any
other temporary disability.
(b)
Unless an exception is based on reasonable grounds, pregnancy or parenthood
shall not be considered cause for dismissal or exclusion from any program or
activity.
(c) Participation in
special programs provided for pregnant students or students who are parents
shall be at the student's option.
(d) Educational institutions shall eliminate
administrative and programmatic barriers to school attendance and school
completion by pregnant students or students who are parents.
(e) Unless an exception is based on
reasonable grounds, no student shall be discriminated against because of his or
her actual or potential marital status.
(3) No student shall be subjected to sexual
intimidation or harassment by any school employee, or by the effect of any
school policy or practice when any employee or agent of the educational
institution knew or reasonably should have known of the activity, policy or
practice. No student shall be subject to sexual harassment or sexual
intimidation by another student on school-owned or controlled property or at
any school sponsored or supervised functions or activities when any agent or
employee of the educational institution knew or reasonably should have known of
the activity.
Notes
This rule is advisory only but may be a correct interpretation of the law, Sec. 2-4-308, MCA, Eff. 10/1/83; Sec. 49-2-204, 49-3-106, MCA; IMP, Sec. 49-2-307 and 49-3-203, MCA;
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