UM agrees to $350K settlement, improved anti-discrimination practices in Title IX lawsuit

The University of Montana has settled the filed by former female employees who alleged discrimination based on their sex. A court order signed by U. S.

District Court Judge Brian Morris was released on Jan. 9. Both parties agree to dismiss the cause with prejudice, meaning the plaintiffs can’t file the same claim in the future.

UM will pay a total of $350,000 in settlement funds; provide “universally available” anti-discrimination training for all employees and students; and streamline how it addresses employee feedback, including the “creation of a single point of contact for employment concerns relating to gender,” according to the settlement agreement. “After meeting with the federal court, the parties have agreed it is in the best interest of all parties to resolve the litigation,” a joint statement from UM and the plaintiffs read. Filed in August 2021, the original lawsuit was based on claims from one then-current and three former employees at UM: Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman and Rhondie Voorhees.

They represented a wide variety of roles at the flagship university including deans, graduate students, coach, museum director, tenured professors and more. Ultimately, 18 individuals were named in the case as plaintiffs. They alleged UM fostered a problematically permissive culture — described as a “good ‘ol boys’ club” — in which female staff were belittled, retaliated against and undermined.

Title IX of the federal Education Amendments of 1972 prohibits discrimination based on sex. Court documents from the lawsuit asserted that the university stymied the career advancement of female employees, paid their male counterparts higher salaries, created a hostile environment that forced women out of jobs and punished them when they tried to speak up. Of the $350,000 settlement, attorney fees and litigation costs are nearly $317,000, leaving the remainder to be distributed amongst the 18 plaintiffs.

Each will receive $1,855. 49. UM must also have its training and processes evaluated by an independent third party, approved by a judge, within one year to ensure compliance with Title IX regulations.

If they are deemed non-compliant, the recommendations of that third party must be followed. UM spokesman Dave Kuntz said these provisions “reflect work that is well underway on our campus. ” Since the beginning, UM repeatedly offered full-throated denials of the allegations.

These accusations “are not based on facts and do not have legal merit,” Kuntz said in a . “The complaint contains false and inflammatory allegations, [and] fails to establish a viable claim under Title IX. ” Settlement documents are explicit that the agreement does not mean admission of guilt by either party.

“UM is confident that if the case had continued, we would have received additional dismissals and would have prevailed at trial,” a statement from Kuntz said. “However, continuing with litigation would have taken the precious time of state employees and state resources that are better spent supporting students, faculty and staff. ” More than two years in the making, this case has proceeded with its fair share of legal gamesmanship.

A litany of amendments were made to the original complaint, and thousands of documents were filed with the U. S. District Court.

Lawyers for the plaintiffs tried, unsuccessfully, to get judicial approval for a class action suit, saying that over 70 women had come forward with their own experiences of discrimination on campus. On the defendants’ side, UM’s legal team tried to gain an edge by successfully petitioning a federal judge in October 2023 to on the premise that their claims were too old, and it sought to remove one of the original plaintiffs from the suit altogether two years prior. This isn’t the first accusation related to Title IX violations for UM.

Most notably, the Department of Justice investigated the university in 2012 for its possible failure to adequately take seriously and respond to claims of sexual violence. This inquiry began after a rash of reported rapes — at least 80 — in Missoula, many of which targeted female students. University officials say that a great deal of work has been done in the last decade to rectify its culture, restore trust and eliminate barriers for women to excel on campus, an aspiration that is shared by the plaintiffs and their legal representation.

“Achieving equity requires humility, strength, and courage to reflect on our own actions and to strive to do better,” according to a statement from Hillary Carls, a Bozeman-based attorney at Carls Law, PLLC and lead counsel in the case. “This settlement provides UM and OCHE with this opportunity to learn, grow and improve. With two hands, Montanans can build institutions of higher education for all.

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