Sexual Misconduct

Sexual assault is a heinous act of violence and abuse of power.  Millikin University deplores behavior which intrudes upon the most personal and private rights of another.  Such behavior will not be tolerated and will be sanctioned.

For purposes of this policy sexual assault is defined as rape, attempted rape, unwanted touching of intimate parts of another person, or subjecting a person to physical sexual contact against his/her will or without his/her consent.  A person who is unable to make a reasonable judgment concerning the nature of harmfulness of the activity because of his or her intoxication, unconsciousness, mental deficiency or incapacity, is considered incapable of giving consent.

Consent is defined as a clear expression of assent to an act.  Consent will not be implied by silence, mere passivity, from a state of intoxication or unconsciousness.  Lack of consent is implied if there is a threat of violence; if violence is, in fact, used; or if the accused has taken advantage of a position of influence which that person has over the victim.

Reporting Sexual Misconduct and Gender-Related Violence

In addition to the offenses of sexual misconduct discussed earlier in this handbook, Title IX governs Millikin’s response to gender-related violence. Gender-related violence is defined by any action (sexual or not) that is motivated by the gender-identity of the victim. Gender-related violence includes domestic violence, dating violence, and stalking. The sexual misconduct guidelines outlined govern these offenses as well.

All university employees are mandated reporters, which means that each employee has an obligation to report the names of the alleged victim(s) and perpetrator(s), as well as other individuals involved, to include all relevant facts regarding the alleged incident. You have the right to request that Millikin maintains your confidentiality as much as possible. You may report any instance of sexual misconduct as follows:

  • Student concerns should be directed to Raphaella Prange, Dean of Student Development and Title IX Deputy Coordinator in Lower RTUC 121
  • Faculty, Staff, Visitor, and Other concerns should be directed to Tammy Maxwell, Assistant Director of Human Resources and Title IX Deputy Coordinator in Shilling 212
  • An anonymous report can be expressed to the Campus Conduct Hotline at (866) 943-5787.
  • To make a confidential report contact Growing Strong Sexual Assault Center 217-428-0770.
  • Electronic reports can be submitted to TitleIX@millikin.edu. Electronic reports will be responded to within 12 hours.
  • Individuals can file a Title IX complaint with the Office for Civil Rights (OCR) either along with or instead of filing a complaint with the University.

Retaliation

Title IX protects students and alleged victims by prohibiting retaliation from other parties or the alleged accused. The Student Conduct process protects students who have made a complaint of sexual harassment, or who have participated in the investigation as a witness. Millikin University will respond to any report, or fear, of retaliation.

Seeking Medical Attention and Support

The University’s initial concern is for the survivor’s physical well-being.  Students who have been victims of sexual misconduct or gender-related violence are strongly encouraged to seek medical treatment immediately at the emergency room at Decatur Memorial Hospital or St. Mary’s Hospital.  The hospital staff will contact the Growing Strong Sexual Assault Resource Agency and a Growing Strong survivor advocate will meet the survivor at the hospital.  The Decatur Police Department may also be called.  Since sexual misconduct and gender-related violence are serious crimes, medical staff will identify and preserve evidence that a crime occurred.

Before a survivor seeks medical assistance, the following precautions are advised.

  • Do not bathe or douche.
  • Try not to urinate.
  • If oral contact occurred, do not eat, drink, smoke, or brush your teeth.
  • If you change your clothes, place the clothes worn during the assault in a paper bag (plastic destroys evidence).

Since it is very important to check for internal or other injuries and sexually transmitted diseases, survivors who choose not to go to the emergency room are strongly encouraged to seek medical attention from the Millikin/DMH Health Clinic & Counseling Services or a private physician.

Survivors access University resources and support by contacting staff members in the offices listed below:

Office of Student Development, Lower RTUC 217.424.6395
Millikin/DMH Health Clinic, Corner of Wood St. and Fairview Avenue 217.424.6360
Public Safety, Walker Hall 217.464.8888
Office of Residence Life, Dolson Hall 217.362.6410

LOCAL AREA SUPPORT SERVICES

Al Anon and Alateen (for relatives/friends of problem drinkers) 217.423.8214
Alcoholism Division Heritage Behavioral Health Center 217.362.6262
Ambulance Service 217.428.8641
American Civil Liberties Union 312.201.9740
Centers for Disease Control 800.311.3435
Heritage Behavioral Health Center 217.362.6262
Decatur Memorial Hospital 217.876.8121
Growing Strong Sexual Assault Center 217.428.0770
Legal Assistance Foundation 217.423.0516
Macon County Health Department 217.423.6988
New Life Pregnancy Center 217.872.5556
Planned Parenthood 217.877.6474
Rape Hotline 217.428.0770
St. Mary’s Hospital 217.464.2966

Adjudication of Sexual Misconduct Violations

The University will conduct a prompt, fair and impartial investigation and resolution of all reports of sexual misconduct.  When a written complaint is filed with the University, it will be investigated and adjudicated according to the Procedures for Student Conduct Hearings and Sexual Misconduct Policy described earlier in this handbook with the following exceptions:

In conducting investigations of and in facilitating student conduct proceedings of sexual misconduct  violations, the University will:

  • Provide interim protective measures as outlined earlier in this handbook.
  • Protect the survivor from having to confront the accused during student conduct hearings.
  • Employ fair process considerations for both the complainant and respondent.
  • Use the preponderance of evidence standard to prove responsibility.Ensure investigations are conducted by individuals who receive annual training related to such complaints and in a manner that protects the safety of victims, provides equity, and promotes accountability.
  • Provide information regarding confidentiality.
  • Permit both parties to have an advisor or support person of their choice at the proceedings and any related meeting.
  • Provide prompt written notice of the outcome to both parties simultaneously.
  • Provide information to those reporting covered offenses.
  • Provide written notice of appeal to both parties.

As long as sexual assault survivors remain enrolled at Millikin University, there is no time limitation for them to report complaints and receive services from the University. While there is no time limit for filing a complaint of sexual assault, survivors are reminded that the University retains jurisdiction over individuals only so long as they remain enrolled or employed by the University.

If the sexual assault survivor is a student but the alleged perpetrator is not an MU student or employee, the staff members of the Division of Student Development and the staff of Growing Strong will provide the survivor with information and support through the civil or criminal justice process. University resources are available to survivors of sexual assault regardless of the alleged perpetrator’s connection or lack of connection to the University.

Students who feel they may have committed sexual assault may contact any of the resources listed above for referral to campus or off-campus support services.

Students are advised that some acts of sexual assault as defined here may constitute a violation of Illinois statutes. Survivors may choose to pursue their complaints through the criminal and/or civil courts in addition to or instead of through the University’s Student Conduct system. Legal procedures and proceedings can often be complex, puzzling, and time-consuming. Survivors are encouraged to utilize the resources available through Growing Strong (legal advocates) and may wish to consult with an attorney.