The Millikin University Student Conduct Process

Vision

The Millikin University Student Conduct Process is committed to supporting a positive learning environment by challenging students to become democratic citizens in a global environment through thoughtful and developmental dialogue thereby increasing their potential for professional success and a personal life of meaning and value.

Mission

The Millikin University Student Conduct Process promotes respect, integrity, civil debate, and provides a focus on the greater good. In support of that focus, the process maintains policies and procedures committed to fairness, structure, timeliness, and education. Furthermore, Student Development, the entity that oversees the Student Conduct Process, interprets and disseminates information about student conduct policies and procedures to members of the University community.

Philosophy

The Student Conduct Process at Millikin University:

• Provides diverse methods for resolution of student conduct violations including facilitated dialogue, mediation, restorative justice, administrative and panel hearings
• Ensures resolution occurs at the lowest level possible
• Engages both the harming (perpetrator) and harmed (victim) parties in the resolution process
• Delivers conflict resolution, reflection, and positive communication skills through the resolution process
  

Learning Outcomes

Students who participate in the Student Conduct Process Services shall come away with:

1. Participation in self-reflection
2. An understanding of community roles and impact
3. An understanding of the Millikin University standards of conduct
4. An understanding of the Millikin University mission
   

Millikin University is a community of learners brought together to seek, share, and expand knowledge. The work of the community requires an environment of openness, trust, and civility. The Standards of Conduct described in this section are designed to help ensure such an environment exists within the Millikin Community. The policies described set forth the University's expectations for student and group (group of students, organization, or team) behavior and details conduct that is unacceptable and subject to student conduct action.

The University Student Conduct System does not attempt to replicate or mimic the criminal justice system. Our system is based on the expectations we hold for student behavior. Our standard of proof for determining the occurrence of student misconduct is less than that required in criminal court proceedings. Specifically, if is it determined that more likely than not a violation of the standards has been committed, then the University reserves the right to enact the Student Conduct Process. Our goal is to educate students about the impact their behavior has upon the community and its members and to help them develop and practice acceptable behaviors and good citizenship in addition to repairing any harm established.

The Board of Trustees delegated the responsibility for student conduct within the community to the President of the University. The Dean of Student Development is the University's senior student affairs officer and is the administrative officer to whom student conduct responsibility is delegated by the President. The Dean of Student Development has overall responsibility and authority to supervise the student conduct process at Millikin University, including overseeing the continued evaluation of both the process and procedures and the training of appropriate boards and personnel.

Questions about the University Student Conduct System and proceedings should be directed to the Dean of Student Development (or designee) (Shilling 205) who serves as the University's chief student conduct officer.

The offenses defined, under Section II of Standards of Conduct, are misconduct for which students may be subject to reparations, outcomes, and formal adjudication, including suspension or expulsion from the University.

JURISDICTION

Standards of conduct are applicable to students anywhere on or off University-owned or affiliated property. University property is defined as all real property, both that which is owned or leased to and operated exclusively by the University and all property leased to or operated by student organizations which are under the jurisdiction and regulation of the University. The University does not desire to be a policing authority for the activities of students outside the University community; however, there are occasions when students' off-campus behavior is reviewed and sanctioned by the University. These occasions occur when students' off-campus conduct impacts the well-being of the community or adversely affects the environment of openness, trust, and civility. University involvement in students' off-campus behavior is to be determined by the Dean of Student Development.

The use of alcoholic beverages or other drugs will not relieve students of the responsibility for their actions. Students will be given every reasonable opportunity and all reasonable help to overcome any dependency; however, students will still be responsible for their actions.

STANDARDS OF CONDUCT

Preliminary Provisions
These Standards of Conduct have been developed to promote student growth, to provide students with a fair student conduct process and educate the University community about the meaning of fair process, to protect the rights of involved parties, and to uphold the educational mission of the University.

Knowledge of these standards. All students are expected to make themselves familiar with these standards. Neither the use of alcoholic beverages or other drugs, nor unfamiliarity with these standards, shall excuse or relieve students from responsibility and accountability for their actions.

Initiating proceedings. Any individual member of the University community, a recognized organization of the University, or the Dean of Student Development (or designee) acting for Millikin University may initiate student conduct proceedings by submitting a report, in writing, that details an alleged violation of the standards of conduct. Student conduct proceedings are initiated by the student conduct officer sending a formal communication to the parties involved, letting the parties know a report has been filed and an investigation will commence. Proceedings related to non-academic violations may be initiated at any point during a student's career, which includes undergraduate and graduate careers.

Relationship with local, state, or federal authorities and law enforcement. Millikin University has an interest in student behavior separate from that of authorities/law enforcement, and therefore it has the right to exercise its responsibility to the campus community and take such action as is appropriate to protect this interest. The University reserves the right to enforce these standards whether or not authorities/law enforcement have acted. In those instances where authorities/law enforcement have acted, the University may still choose to respond to the incident and initiate the student conduct process while the other process is in progress.

Parental Notification. Millikin University may elect to notify parents and/or legal guardians of a student’s conduct status when a student, under the age of 21, is found responsible for a violation of the University’s alcohol and/or drug policy or when any student is suspended or expelled from the University.

Categories of behavior covered by these standards
Listed below are the categories of behavior covered by these Standards of Conduct and subject to investigation and resolution through the Millikin University Student Conduct Process.

Offenses of Sexual Misconduct:

Millikin University defines sexual misconduct as any sexual contact or activity that occurs without the direct and verbal consent of any individual involved. Consent under this policy is defined as a clear and unforced “YES” to the sexual act in question. Consent is informed and voluntary. A person who is unable to make a reasonable judgment concerning the nature or harmfulness of the activity because of his or her intoxication, unconsciousness, mental deficiency or incapacity, is considered incapable of giving consent. Specifically, individuals under the influence of alcohol and/or drugs are unable to give consent under this definition. Millikin University recognizes that individuals of any sex, sexual orientation or gender identity may be victims of sexual misconduct.

Sexual misconduct offenses covered by this policy include, but are not limited to, the following offenses:

1.     Non-Consensual Sexual Intercourse

2.     Non-Consensual Sexual Contact

3.     Sexual Exploitation

4.     Sexual Harassment

5.     Attempt to Engage in Non-Consensual Sexual Contact

Non-Consensual Sexual Intercourse is defined as rape, sexual assault, unwanted penetration of parts of another person, or subjecting a person to sexual intercourse against her/his will or without her/his consent. This includes sexually motivated penetration of any kind by any object, however slight.

Non-Consensual Sexual Contact is defined as a form of sexual assault and includes any intentional sexual touching, however slight, using any body part or object upon another person without their consent.

Sexual Exploitation is defined as when an individual takes non-consensual or sexual advantage of another individual for the purpose of benefitting anyone other than the individual being exploited. Sexual exploitation also includes behavior that is not otherwise by one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

• prostitution
• non-consensual video or audio taping of sexual activity
• allowing others individuals to observe sexual activity without the consent of all individuals involved in the activity,
• engaging in voyeurism 
• exposing one’s genitals in non-consensual circumstances
• posting non-consensual evidence of sexual activity on any public forum (ie. social networks and the internet)
• sexually-based stalking
• knowingly transmitting a sexually transmitted disease or infection to another individual.

Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal, physical, and/or electronic conduct of a sexual nature which:

·         either explicitly or implicitly suggest that submission to such conduct is a condition of an individual's employment and/or academic performance

·         indicate that submission to such conduct is used as the basis for employment or evaluation decision and/or

·         have the purpose or effect of substantially interfering with an individual's work, educational experience, or academic performance or creating an intimidating, hostile or offensive environment

All reports of sexual misconduct are reviewed and investigated by the University. Reports are treated in confidence to the extent feasible, given the need to conduct a thorough and prompt investigation. Alleged victims will be informed of various support services available through the University and the Decatur community.

Offenses against another person:

Assault is defined as any action intentionally or recklessly causing physical harm to any person, or those actions by which it is deemed that harm could potentially arise. Such offenses include but are not limited to the separate offenses defined below of sexual assault, harassment and/or hazing.

Hate Crimes are committed when, by reason of the actual or perceived race,

color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, a person commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, or disorderly conduct.

The mere fact that the offender is biased against the victim’s race, religion, disability, sexual orientation, or ethnicity/national origin does not mean that a hate crime occurred. The offender’s criminal act must have been motivated, in whole, or in part, by his bias (Illinois State Police Uniform Crime Reporting Definition).

Hate Crimes are expressions or actions which victimize a person or group as identified above and have one or more of the following impacts:

·         involves an expressed or implied threat to personal safety

·         creates an intimidating, hostile, or demeaning environment and/or

·         has the potential to harm an individual or group’s ability to participate and/or fully engage in the curricular and/or co-curricular life of the University

Hazing is any action taken or situation created, whether on or off campus, to produce mental or physical discomfort, embarrassment, harassment, or ridicule, or activities that would be considered inappropriate or not in good taste. Hazing includes but is not limited to:

• any brutality of a physical nature, such as paddling, whipping, beating, branding, forced calisthenics, exposure to the elements
• forced consumption of any food, liquor, drug or other substance
• any other forced physical activity that would subject the individual to physical harm or mental stress, such as sleep deprivation or forced exclusion from social contact and/or
• forced conduct which could result in extreme embarrassment
• any other forced activity that would adversely affect the mental health or dignity of the individual

Prohibited activities are identified as forced or coerced activities which include but are not limited to the following:

• create excessive fatigue
• cause physical and psychological shocks
• involve kidnapping
• involve morally questionable quests, treasure hunts, scavenger hunts, or any other such activities
• involve publicly wearing apparel that is conspicuous and not normally in good taste or the wearing of matching uniforms or clothing
• cause students to engage in public stunts and buffoonery, morally degrading or humiliating games and activities, or late night activities which may reasonably interfere with scholastic activities
• are in contrast to accepted standards of good taste or propriety

For purposes of this definition, any activity described in this statement upon which the admission into or affiliation with an organization is directly or indirectly conditioned shall be presumed to be a forced or coerced activity, the willingness of an individual to participate in such activity notwithstanding.

Harassment is defined as behaviors or actions that annoy, intimidate, impede the progress or have the effect of provoking anger, or otherwise interfere with the rights of another person or group of persons/organization.

Bullying is defined as acts that frighten, threaten or harm others. Bullying behavior can include harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft and public humiliation.

Cyber Bullying is bullying through email, instant messaging, chat room exchanges, Web site posts, or digital messages or images sent to a cellular phone or personal digital assistant (Kowalski et al. 2008). Cyber bullying, like traditional bullying, involves an imbalance of power, aggression, and a negative action that is often repeated.

Offenses against Millikin:

1.     intentionally or recklessly interfering with activities sponsored by or affiliated with the University, including but not limited to studying, teaching, research, administration, fire prevention, police activities, emergency services, student organizations or activities, or another's exercise of freedom expression;

2.     intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency on Millikin premises or activities sponsored by or affiliated with the University;

3.     intentionally furnishing false information to a University official; forgery; unauthorized alteration or unauthorized use of any University document, record (including computer records), or instrument of identification;

4.     rioting, aiding, abetting, encouraging or participating in a mob action or inciting to mob action, when the conduct occurs on University or affiliated property or in the course of a University activity;

5.     failing to cooperate with the reasonable requests of University officials, including campus security officers, when acting in performance of their duties;

6.     failing to fulfill the requirements of any outcome or reparations imposed by Millikin University;

7.     violating any published or posted rules or regulations including, but not limited to, those set forth in this handbook;

8.     failing to appear at a student conduct hearing or inquiry when called to do so by the Dean of Student Development (or his/her designee);

9.     intentionally or recklessly destroying, disfiguring, defacing, or damaging University property;

10.  intentionally passing a bad or worthless check or money order in payment of any financial obligation to the University or in any way failing to meet the financial obligation to the University;

11.  gambling on University property or affiliated property; and

12.  failure to take responsibility for the behavior of guests on University property or affiliated property, including but not limited to residence halls. A guest is defined as any person who is not a University staff, student, or faculty member. Students are responsible for the conduct of their guests/visitors.

Offenses involving property:

1.     intentionally or recklessly interfering with the property of an individual or group, including taking without permission, destroying, disfiguring, defacing, or damaging the property of an individual or group, or attempting to do such, on campus or at activities sponsored by or affiliated with the University;

2.     theft of services, such as telephone or computer services, including copyrighted computer programs;

3.     possessing stolen property;

4.     occupying or using without authorization Millikin premises, facilities, or property;

5.     using or attempting to use University property in a manner inconsistent with its designated purpose or without permission; and

6.     theft, mutilation or gross disregard of Millikin property such as library or laboratory facilities or equipment.

Offenses of possession:

1.     unauthorized use, distribution, or possession of any controlled substance, illegal drug or drug paraphernalia on Millikin premises or at activities sponsored by or affiliated with the University;

2.     unauthorized possession, distribution, or reckless use of any prescription medication;

3.     violation of the University's Alcohol Policy

4.     violation of the Drug Free Schools Act;

5.     unauthorized use, possession, or storage of any firearms on Millikin premises or at activities sponsored by or affiliated with the University; and

6.     unauthorized use or possession of fireworks or explosives on Millikin premises or at activities sponsored by or affiliated with the University.

Offenses of criminal conduct: actions that violate the laws of the federal government, the State of Illinois, or the City of Decatur.

Other offenses: No code of conduct can anticipate every possible situation that will pose a threat to the University community. Therefore, any action that violates reasonable standards of expected human behavior or that reasonably threatens the safety or academic environment of the campus will also be considered a violation of these Standards of Conduct.

Temporary protective measures. The Dean of Student Development, a student conduct officer, or a conduct board may direct a student to have no contact with another individual for a specified period of time. This directive may be stated in writing before, as a result of, or after the final meeting/hearing regarding the violation. In some cases, this directive may be in effect outside of the initiation of any student conduct proceedings. The University will also assist students wishing to pursue legal orders of protection.

 Emergency authority and temporary regulations. Because situations may arise that are not fully covered by these Standards, the Dean of Student Development or designee is granted the authority to exercise good judgment in emergency situations and to issue temporary rules and regulations to prohibit inappropriate student conduct.

 Summary Sanctions
The Dean of Student Development shall have the authority to suspend a student's right to attend classes or to be present on campus, or on other property owned, operated, controlled by, or affiliated with the University prior to the conduct of a formal hearing. A student so sanctioned must leave the campus immediately. The Dean of Student Development or designee may take this action if he/she is satisfied that serious misconduct has occurred and/or that the student's continued presence on the campus presents unreasonable risk of danger to himself/herself and/or to the community. Students may have other sanctions imposed on a summary basis, as noted above, including, but not limited to, suspension from a campus position, prohibition against participation in a University activity, prohibition against presence in a residence hall, or a restriction from contacting, communicating, or otherwise interfering with the activities or privacy of another member or members of the Millikin community. Following the imposition of a summary sanction, a hearing will be conducted to determine whether the student should be reinstated and the summary sanctions removed.

Student Conduct Sanctions for Individuals and/or Groups
Individuals or groups (group of students, organization, or team) found guilty of  violation(s) of these standards of conduct may receive a student conduct warning, probation, suspension, or expulsion. They may also receive additional reparative measures as outlined below. The action of expulsion shall be permanently recorded on the University transcript. The Registrar will confirm the suspension by sending a letter with the transcript stating that the student has been suspended. The Registrar will send out information about no other disciplinary action other than expulsion or suspension.

Student Conduct Warning. A student conduct warning is a written statement of a student's or group’s responsibility for a violation of this code of conduct with the caution that any future incident may result in more serious action. Other reparative measures may be imposed along with the warning.

Student Conduct Probation. Student conduct probation is the conditional continuation of a student or group for a specified period of time. The period of student conduct probation shall not exceed two semesters (a semester being defined in this context as a spring or fall academic term to include any adjacent immersion periods). This status implies that further incidents may result in student conduct suspension or expulsion. Other reparative measures and additional requirements may be imposed as conditions for reinstatement in good standing.

Student Conduct Suspension. Student conduct suspension is the removal of a student or  group from the University for a continuous period not to exceed seven semesters (a semester being defined in this context as a spring or fall academic term to include any adjacent immersion periods). Students or groups on student conduct suspension are not permitted to:

·         participate in any University activities, academic or nonacademic

·         They may not take part in any official exercise, including graduation

·         They are not allowed on Millikin premises (owned, operated, or affiliated) during their suspension unless prior approval has been granted by the Dean of Student Development

Any request for the privilege of visiting Millikin University during the suspension must be received by the Dean of Student Development in writing seven days prior to the date the privilege is desired. It should be understood that submission of a request in no way guarantees approval. Students requesting permission to re-apply upon passing of the suspension period must schedule a meeting with the Dean of Student Development prior to being granted approval to apply for re-enrollment to the community. Additional requirements may be imposed as a condition for reinstatement to the community in good standing.

Student Conduct Expulsion. Student conduct expulsion is the permanent separation of a student or group from the University. Students or groups who are expelled may not be reinstated to the community.

Other Action. Additional reparative measures may be applied to cover specific conditions or situations. Measures that suspend students' privileges shall have a set time of duration indicating when and under what conditions students may regain the privilege. The following are examples of reparative measures; however, the student conduct process allows for other measures to be applied by student conduct officers. The reparative measures below should not be perceived as an exhaustive list.

·         restitution or replacement of lost, damaged, or stolen property;

·         payment for damage or personal injury

·         suspension of privileges to participate in any activity sponsored by the University

·         suspension of privileges to use certain University facilities

·         suspension of rights to represent the University

·         suspension of rights to occupy a position or office in a group or organization officially recognized by Millikin University

·         restrictions regarding membership in a group or organization officially recognized by Millikin University

·         service learning, community service, and/or philanthropy

·         work to be assigned by the Dean of Student Development (or designee)

·         referral for alcohol or drug abuse assessment and/or counseling

·         mandatory periodic meetings with a University staff member or counselor;

·         restorative justice circle with involved parties

·         mediation with involved parties

·         change in or termination of residential housing assignment

·         required attendance at University programs and/or events

·         written reflections

·         planning and implementation of programs, publicity, or presentations

Administrative Structure for Student Conduct

The Dean of Student Development has the overall responsibility and authority to supervise the student conduct process. Included in this responsibility is the training of personnel (namely the student conduct officers and hearing panel members), and the continued updating and review of all related student conduct policies and procedures. The Dean of Student Development also stewards the education of the campus community in relation to the Standards of Conduct.

The Dean of Student Development and the professional staff in the area of Student Development have been delegated the authority to counsel, guide and assist in the development of those students who have been involved in conduct which is in opposition to the student code of conduct of Millikin University.

Student conduct officers partner with the Millikin University Safety and Security Department in relation to the safety and security of persons and property on the campus. Safety and Security will assist with student conduct cases primarily in the form of investigation procedures and evidence management.

Student Development staff members may be required, in specific student conduct proceedings, to serve as the persons to present evidence and call harmed parties in an effort to provide the deciding body with all relevant information.

The Dean of Student Development has the right to decide how a case will be heard or which student conduct officer(s) will preside over a specific case. This decision will be made in the best interest of the parties involved. Under extraordinary circumstances, student conduct procedures may be revised to protect the psychological or physical needs of students. 

Levels of Student Conduct

Level One involves conduct in opposition to the Standards of Conduct that occur on campus in the residence hall system or in the fraternity or sorority facilities. Level One student conduct cases occurring in these facilities will be primarily handled by professional staff within Residence Life and Student Programs. In certain cases, other staff within Student Development may assist with the Level One student conduct process. Students wishing to appeal the decision at this level may do so in writing to the Dean of Student Development.

Level Two involves repeated conduct which is in opposition to the Standards of Conduct and/or of University policies. Level Two student conduct cases are administered by the Dean of Student Development (or designee). Initial appeals of decisions are made in writing to the Dean of Student Development. In more serious cases, where suspension or expulsion may be considered, the Dean of Student Development may involve a hearing panel of three to five individuals. The structure of the hearing panel will be determined by the Dean of Student Development in consultation with  other University staff. Any staff member of the Millikin University community, with the approval of their supervisor, may serve on a hearing panel.

 Request for Appeal

Students found responsible for a violation, or victims involved in cases of sexual mis-conduct, may request an appeal of the decision made by a student conduct officer or conduct board. An appeal is not a re-hearing and must fit within the guidelines listed below. The Director of Residence Life (level 1 cases) and/or Dean of Student Development (level 2 cases) or designee will review requests to determine if there are sufficient grounds for an appeal. For cases in which the Dean of Student Development makes the original student conduct decision, the Vice President for Enrollment will act in the role described in this section. Appeals must be in writing and must clearly demonstrate one of the following:

·         New Information of a Substantive Nature: New, significant or relevant information regarding the case becomes available that could not have been discovered through investigation prior to the time of the original conduct meeting/hearing. Information is not considered new if the student did not attend the original conduct meeting/hearing or voluntarily withheld information during the original conduct meeting/hearing and/or investigation.

·         Substantive Procedural Error: The specified procedural error or error in interpretation of university conduct procedures may have substantially affected the conduct meeting/hearing such that the student was denied a fair conduct meeting/hearing or the error prevented the hearing officer or panel from making a fair decision.

·         Substantive Disproportionate Sanction: The sanction appears to be significantly incongruent with the violation, given either the student’s prior record or the usual action for his or her offense.

Right to be Informed
Students suspected of conduct in opposition to the Millikin University Standards of Conduct will be informed of their University procedural rights by a University representative within 14 University operating days.

Procedures for Student Conduct Meetings

Administrative Meetings

Level One: A meeting conducted by a member of the Student Development staff, usually a staff member in Residence Life, staff member in Student Programs, or the Assistant Dean of Student Development.  Level One meetings usually involve one or two of the above mentioned administrators, and in some cases in conjunction with other University officials, working directly with the parties involved in the conduct. Level One cases may require more than one student conduct meeting to repair the harm established. Additionally, involved parties shall be active participants in recommending reparative actions.

Level Two: A meeting conducted by the Dean of Student Development and/or the Assistant Dean of Student Development or designee, Level Two meetings may involve a student conduct board panel of three to five individuals. For a levelTwo meeting, the involved parties will receive a written statement of harm established which will contain a summary of the facts or conduct on which the student conduct case is based, date of the alleged incident(s), and the University regulation(s) allegedly violated. In all Level Two student conduct cases, it is the University's desire to ensure the full rights of fair process. Therefore, students or groups who participate in the Level Two student conduct process are given a statement that explains these rights. Within fair process, involved parties may elect one of three courses of action:

 ·         Involved parties may admit the alleged conduct and request, in writing, that the University official take whatever reparative measures seem appropriate.

·         Involved parties may admit the alleged conduct and request a student conduct meeting or board hearing.

·         Involved parties may deny the alleged conduct and request a student conduct meeting or board hearing.

At various times of the year it is difficult to call a conduct board hearing. During these times, cases are determined through a student conduct meeting. These times are:

a. The first two weeks of each semester
b. The last two weeks of each semester                                
c.  Periods between semesters (holiday and summer breaks)

Parties involved in a Level Two case are entitled to the following information prior to the student conduct meeting or hearing:

a.     Notification of the time and place of the meeting or hearing

b.     A written statement of the conduct in question

c.     Notification of the names of the witnesses to appear, if applicable.

d.     Notification of the names of the members of the conduct board 

Involved parties may appear in person at the meeting or hearing and  may call witnesses on their behalf. Involved parties may also elect not to appear. Should involved parties elect not to appear, the meeting or hearing will be held in the party’s absence. Failure to appear will not be indicative of guilt and is noted without prejudice by the student conduct board.  The following standards also apply to Level Two student conduct meetings and hearings:

1. A member of the University faculty or full-time University administrative staff may be present with involved parties during the meeting/hearing for the purpose of support and/or advice.
2. Under certain circumstances (as determined by the Dean of Student Development), involved parties may have the right to be accompanied by legal counsel. In appropriate cases, counsel may advise involved parties at the meeting or hearing in a reasonable and undisruptive manner. However, legal counsel is not be permitted to participate in the meeting or hearing by making statements, questioning witnesses, or making procedural objections, unless otherwise allowed by the Dean of Student Development. If involved parties would like to be accompanied by legal counsel, it is their responsibility to submit such a request (with an explanation of why legal counsel is desired) to the Dean of Student Development at least five (5) business days prior to the meeting or hearing. Within two (2) business days of receiving the request, the Dean will make a final decision regarding whether to allow the request.
3. In hearings involving more than one student, separate or private hearings may be allowed upon request and/or determination of the Dean or designee.
4. Involved parties may ask questions of the student conduct body or of any witnesses to the alleged conduct.
5. Involved parties may refuse to answer questions (without implication of guilt).
6. Involved parties are entitled to an expeditious hearing of their case.
7. Involved parties are entitled to an explanation of the reasons for any decision rendered against them.
8. Involved parties shall be notified of the right to appeal a student conduct decision.

Standard of Proof
During deliberations, the student conduct officer or board will determine whether it was more likely than not that a violation occurred. Neither clear and convincing evidence nor proof beyond a reasonable doubt is necessary to find a student or group responsible for conduct.

ACADEMIC INTEGRITY STANDARDS

Academic Freedom
Millikin University requires that academic freedom be exercised in harmony with the specific character and objectives of the University, which are those of an institution of higher learning. In consequence, it expects the members of the faculty to be supportive of the Mission and Vision Statement of the University.

Institutions of higher education are conducted for the common good. The common good depends upon the free search for truth and its free exposition. Academic freedom is essential to these purposes and applies to both teaching and scholarly/artistic activities. Academic freedom in scholarly/artistic activities is fundamental to the advancement of truth. Academic freedom in its teaching aspect is fundamental to protecting the rights of the faculty member in teaching and the student in learning.

The intellectual and moral integrity of an academic community depends upon an uncompromising commitment to honesty which guides the actions of all its members. Any disregard for this threatens the unrestricted and honest exchange of knowledge. It is the responsibility of every person in the academic community (students, faculty, staff, and administrators) to see that dishonesty is not tolerated. This responsibility may also include reporting known or suspected violations to the appropriate authority.

Academic Evaluation
Students are responsible for maintaining all standards of academic performance established by their professors, but they will have the right to be heard through orderly procedures against prejudiced or capricious academic evaluation. Students who believe that they have received an unfair grade or final evaluation should first confer with the instructor to resolve the disagreement. If a justifiable question remains in the student's mind, he/she may next confer with the chair/director of the faculty member's department who may investigate the matter, mediate between the student and instructor, or take any other reasonable action the chair/director believes may solve the disagreement. If there is still no resolution after meeting with the chair/director, the student may present the case to the dean of the school in which the course was offered. The dean may consult with the departmental chair/director and the faculty member. The dean will decide whether or not to begin a University investigation of the faculty member's grading practices. The faculty member reserves final judgment on all matters pertaining to student grades. There shall be no further appeals beyond the dean. If a faculty member has left the University and is unavailable or unwilling to respond to requests for grade changes, the chair/director or dean, if necessary, shall have the power to change a grade.

Academic Integrity - Student Rights and Responsibilities
Academic institutions exist for the pursuit of truth and for development of students. As members of the academic community, students will be encouraged to develop a capacity for critical judgment and to engage in a sustained and independent search for truth. Free inquiry, free expression and responsible use thereof are essential to any community of scholars.

Each member of the academic community has both rights and responsibilities that derive from the agreed standards of the community. By virtue of the student's basic purpose in joining the academic community, the primary right and responsibility of the student is to cherish and exercise the freedom to learn. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus and in the larger community. The responsibility to secure and respect general conditions conducive to freedom to learn is shared by all members of the academic community.

The Faculty has the right and the responsibility to hold students to high ethical standards in conduct and in works performed, as befits a scholar at the university. Violations of academic integrity are defined as follows:

Offenses involving academic integrity:

1. Cheating on quizzes or examinations occurs when any student or group is found using or attempting to use any book, paper, article, assistance from fellow students, unapproved technology, or any other unfair or unlawful means, such use being intended to deceive the person in charge of the quiz or examination with reference to his or her work. No student may substitute for another student in any quiz or examination. No books, notes, papers, unapproved devices, or related articles shall be brought into or used at any quiz or examination unless specifically authorized by the person in charge. All such books, papers, or other authorized articles are subject to inspection, and no other use shall be made of books or papers than that authorized. The possession at any quiz or examination of any articles, the use of which is prohibited, will be regarded as evidence of violation of this standard. Conversation or other communication between students in examinations and quizzes is forbidden.
2. Collusion occurs when students willfully give or receive unauthorized or unacknowledged assistance. Both parties to the collusion are considered responsible.
3. Electronic dishonesty is the unacknowledged or unauthorized appropriation of another's program, or the results of that program, in whole or in part, for a computer or electronic-related exercise or assignment. Electronic dishonesty may also include utilization of technology in a way which is offensive or inappropriate during the course of academic work.
4. Grade falsification is any attempt to falsify an assigned grade in an examination, quiz, report, program, grade book, or any other record, database, computer program, or document.
5. Plagiarism is the unacknowledged appropriation of another's work or programs. Specifically: (1) students who use the exact words of another must enclose those words in quotation marks or show, through indentation or typestyle, that the material is quoted and indicate the source, either within the text of their work or in a footnote; (2) students who take ideas from another person or written work, but who either paraphrase those ideas in their own words or else make a few mechanical alterations (rearrange sentences, find synonyms, alter prepositions, punctuation, conjunctions, and the like) must also indicate the source, either within the text of their work or in a series of footnotes clearly indicating the extent of the material paraphrased; and (3) students may not turn in as their own work any materials written for them by another person or any commercially prepared materials, such as computer programs and term papers, purchased on or off campus.
6. Misrepresentation of academic credentials including but not limited to, (1) any attempt to knowingly falsify or misrepresent academic credentials, including degree being earned, academic discipline (major/minor/concentration/track/emphasis), date of graduation, grade point average, membership in academic honor societies, or academic scholarships earned, (2) any attempt at falsification of information to be used at any event sponsored by the Career Center including, but not limited to, career fairs, on or off-campus interviews, posting to job boards or portfolios, and/or submission of credential packets to employers, governmental agencies, or educational entities; and (3) any attempt to utilize another individual’s credentials as your own.
7. Other forms of academic dishonesty including (1) data falsification, fabrication of data or deceitful alteration of collected data as part of any academic assignment submitted as one's work for academic consideration; and (2) unauthorized copying of or collaborating on homework assignments and turning in as one's own work any part of another person's written exercise or computer program. Students who receive help from others on a project should acknowledge that help and specify the extent of it in the written report of that project.

Faculty members have the responsibility to investigate all suspected breaches of academic integrity that arise in their courses. They will make the determination as to whether the student violated the Academic Integrity Policy. Should the faculty member determine that the violation was intentional and egregious, he or she will decide the consequences, taking into account the severity and circumstances surrounding the violation, and will inform the student in writing, forwarding a copy of the letter to the Registrar and to the Dean of Student Development.

This letter will be destroyed when the student graduates from the University unless a second breach of integrity occurs, or unless the first instance is of sufficient magnitude to result in failure of the course, with an XF grade recorded in the transcript. If an XF is assigned for the course, the faculty letter of explanation becomes a permanent part of the student's record. If a second violation occurs subsequent to the first breach of integrity, the Dean of Student Development will begin an investigation into the alleged conduct and determine if the conduct warrants dismissal. This decision will be made in consultation with the faculty involved and in accordance with the Student Conduct Process as outlined in the Student Handbook.

If a student receives an XF for a course due to academic dishonesty, this remains as a permanent grade and cannot be removed from the transcript. However, students may repeat the course for credit toward graduation. Some programs and majors have more explicit ethical standards, which supersede this Policy, and violation of which may result in dismissal from some programs or majors within the University.