A college student charged with PFMA usually faces two processes: the criminal case in a Montana court and a conduct case run by the school. They are separate, they use different standards, and neither waits for the other. This page explains how they fit together and what federal law requires of the school. It is part of our Montana Domestic Violence Guide. A&M Law defends the criminal charge in Western Montana, and what happens in that case shapes the campus case.
Why Student Relationships Fall Under PFMA
Montana's definition of "partners" includes "persons who have been or are currently in a dating or ongoing intimate relationship" (MCA § 45-5-206(2)(b)). The couple does not have to be married, share a child, or live together. An argument between people who are dating, or who used to date, can therefore be charged as PFMA instead of ordinary assault, with the no contact order and counseling requirement that come with it. See dating relationships and PFMA.
Roommates who are not family and have never dated are a different matter, and a charge between them would ordinarily be assault. Our guide page on PFMA versus assault explains the difference.
Two Cases From One Event
| Question | Criminal case | Campus conduct case |
|---|---|---|
| Who brings it | The State, through a city or county prosecutor | The college or university |
| What is at stake | Jail, fines, counseling, a criminal record | Discipline up to removal from school, and a conduct record |
| Standard of proof | Beyond a reasonable doubt | Preponderance of the evidence or clear and convincing evidence, as the school's policy states (34 C.F.R. § 106.45(b)(1)(vii)) |
| Who can help you | A defense lawyer | An advisor of your choice, who may be a lawyer (34 C.F.R. § 106.45(b)(5)(iv)) |
| Does one wait for the other? | No | No. Each runs on its own schedule |
Because the standards differ, the results can differ. A school can find a student responsible when a prosecutor has dismissed the charge, and the reverse.
Title IX Basics
Title IX provides that no person shall, on the basis of sex, be excluded from participation in, denied the benefits of, or subjected to discrimination under any education program or activity receiving federal financial assistance (20 U.S.C. § 1681(a)). The Department of Education's regulations define the covered conduct to include dating violence and domestic violence as those terms are defined in federal law (34 C.F.R. § 106.30).
The regulations apply to conduct in the school's "education program or activity," which includes locations, events, or circumstances over which the school exercised substantial control over both the respondent and the context, and any building owned or controlled by an officially recognized student organization (34 C.F.R. § 106.44(a)). An incident in an off-campus apartment may fall outside that definition. A school may still have a general student conduct code that reaches it, so read the code that applies to you.
Your Rights in the Campus Process
When a formal complaint is filed under the Title IX regulations, 34 C.F.R. § 106.45 requires, among other things:
- a presumption that the respondent is not responsible until a determination is made at the end of the process;
- written notice of the allegations, including that presumption and your right to an advisor;
- that the burden of proof and of gathering evidence rests on the school, not on the parties;
- the same opportunity for both parties to be accompanied by an advisor of their choice, "who may be, but is not required to be, an attorney";
- a stated standard of evidence, applied the same way to all formal complaints; and
- procedures for both parties to appeal.
Separately, the federal campus safety law requires schools that participate in federal student aid to publish their procedures for disciplinary action in cases of alleged domestic violence and dating violence. Those procedures must provide a prompt, fair, and impartial investigation and resolution, allow both parties the same opportunity to have an advisor of their choice present, and inform both in writing, at the same time, of the outcome and of appeal procedures (20 U.S.C. § 1092(f)(8)(B)(iv)).
How the Two Cases Affect Each Other
The campus process will ask for your account, often within days and long before the criminal case is resolved. You are presumed not responsible, and the school carries the burden, but anything you write or say there can be obtained and used by the prosecution. That is the main reason to get a defense lawyer involved before you respond to the school. See what not to do after an arrest.
A no contact order from the court applies everywhere, including classrooms, dining halls, residence halls, group chats, and social media. Schools may also issue their own no contact directives. Follow both exactly. If an order makes it impossible to attend a class or live in your assigned housing, the way to fix that is through your lawyer and the court, not by contacting the other student.
Financial Aid, Housing, and Your Record
The federal student eligibility statute once suspended aid after drug convictions. That provision was removed in 2020, and the statute has no comparable rule for assault offenses. It does make incarcerated students ineligible for federal loans (20 U.S.C. § 1091(b)(5)), so a jail sentence that overlaps a term matters. School scholarships, athletic eligibility, and campus housing contracts are governed by their own terms.
Longer term, the questions are the same as for anyone else: what shows on background checks for internships and jobs, how licensing boards in fields such as nursing and teaching treat a conviction (see PFMA and professional licenses), and whether the record can be cleared (see how long a PFMA stays on your record). International students should also read immigration consequences of a PFMA.
If you are a student who is in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law as of the 2025 Montana Code Annotated and federal law and regulations in general. It is not legal advice about your specific case.