Montana State University under investigation for discrimination on basis of disability

Montana State University has received a fourth notice it is under investigation by the Office for Civil Rights of the U.S. Department of Education.

This notice, sent Feb. 2 to MSU President Waded Cruzado and first reported by the Bozeman Chronicle, said federal officials will investigate whether the Bozeman flagship failed to protect people from discrimination based on a disability.

The Office for Civil Rights has the authority to enforce the Americans with Disabilities Act.

The letter said OCR will investigate whether MSU discriminated against people with disabilities during fall 2022 by “failing to clear ice and snow from designated accessible pedestrian routes and building entrances.”

OCR also will investigate whether MSU discriminated against a student on the basis of disability by not responding to “requests to meet her disability-related needs concerning her university housing.”

The notice of investigation into civil rights discrimination this month comes after three others since October 2023 and after a visit to the campus by federal officials this month as part of the probe.

Unlike previous notices from the Office for Civil Rights, this one warns Cruzado against retaliation by the university.

“Please be advised that the University must not harass, coerce, intimidate, discriminate, or otherwise retaliate against an individual because that individual asserts a right or privilege under a law enforced by OCR or files a complaint, testifies, assists, or participates in a proceeding under a law enforced by OCR,” the letter said. “If this happens, the individual may file a retaliation complaint with OCR.”

The Office for Civil Rights could not be reached via voicemail Wednesday afternoon to explain the reason for the new language.

Federal officials are also investigating whether MSU failed to appropriately respond to reports of discrimination against female students and against students and others of Jewish origin.

They are determining whether MSU discriminated against faculty and students based on sex, race, color or national origin by failing to respond to threats against the Queer Straight Alliance. OCR received more than 20 complaints with allegations against the QSA, a group that supports LGBTQ+ people on campus.

Additionally, investigators will determine whether MSU failed to properly respond to reports of sex-based harassment.

In an email, MSU spokesperson Mike Becker did not address whether President Cruzado has made any remarks to the campus community given the number of investigations the federal office has opened in recent months.

“MSU has multiple offices and individuals who provide coordinated support for students,” Becker said in an email. “The Office for Civil Rights has not issued any findings indicating that the university’s responses have been lacking, and MSU has collaborated fully throughout this process.”

A separate investigation of MSU from 2021 on the basis of disability is also pending, as is a retaliation case from 2016, according to a federal database.

In response to whether MSU has changed course in any way since the series of recent investigations began, the spokesperson said the campus would follow recommendations from federal officials.

“If the OCR’s full process results in recommendations for the university, MSU will work with the OCR to ensure we continue to be compliant with applicable laws and regulations,” Becker said.

He also said MSU “remains strongly committed to fostering a campus conducive to learning and free from harassment and discrimination.”