Montana Code 20-25-1507. Remedies
20-25-1507. Remedies. (1) A person or student organization who is aggrieved by a violation of this part may bring an action against a public postsecondary institution and any employees acting in their official capacities who were responsible for the violation and may seek appropriate relief, including but not limited to injunctive relief, monetary damages, reasonable attorney fees, and court costs.
Terms Used In Montana Code 20-25-1507
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public postsecondary institution: means :
(a)a unit of the Montana university system as defined in 20-25-201; or
(b)a Montana community college, defined and organized as provided in 20-15-101. See Montana Code 20-25-1501
- Student: means a person who is enrolled full-time or part-time at a public postsecondary institution. See Montana Code 20-25-1501
- Student organization: means an officially recognized group or a group seeking official recognition at a public postsecondary institution that is composed of students who receive or are seeking to receive a benefit through the public postsecondary institution. See Montana Code 20-25-1501
(2)If a court finds that a public postsecondary institution has violated this part, the court shall award damages of at least $2,000 and not more than $75,000 to the aggrieved person or student organization.
(3)A person or student organization may assert a violation of this part as a defense or counterclaim in any disciplinary action or civil or administrative proceeding brought against the person or student organization.
(4)This section may not be construed to limit any other remedy available to any person or student organization.