- Type 1: Offenses of Sexual Misconduct
- Type 2: Offenses Against another Person
- Type 3: Offenses against Millikin
- Type 4: Offenses involving Property
- Type 5: Offenses of Possession
- Type 6: 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.
Sexual Misconduct Offenses
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:
- Non-Consensual Sexual Intercourse
- Non-Consensual Sexual Contact
- Sexual Exploitation
- Sexual Harassment
- 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:
- 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.
Amnesty Policy for Reports of Sexual Misconduct
Millikin University encourages reporting of sexual misconduct and seeks to remove any barrier for reporting parties. The University recognizes that an individual who has been drinking or using drugs at the time of the incident may be hesitant to make a report because of potential consequences for their own conduct. Any student who reports sexual misconduct, either as a victim or witness, will not be subject to student conduct action by the University for their own personal consumption of alcohol or drugs during the incident, so long as the consumption did not result in harm to others or the community at-large. The University does reserve the right to engage in developmental and educational practices in relation to alcohol/drug education with involved parties.
This policy only governs University alcohol and/or drug violations and does not prevent action by police or other legal authorities. However, Millikin University policy do support the amnesty provision.
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, website 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
- 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;
- 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;
- 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;
- 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;
- Failing to cooperate with the reasonable requests of University officials, including campus security officers, when acting in performance of their duties;
- Failing to fulfill the requirements of any outcome or reparations imposed by Millikin University;
- Violating any published or posted rules or regulations including, but not limited to, those set forth in this handbook;
- 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);
- Intentionally or recklessly destroying, disfiguring, defacing, or damaging University property;
- 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;
- 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
- 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;
- Theft of services, such as telephone or computer services, including copyrighted computer programs;
- Possessing stolen property;
- Occupying or using without authorization Millikin premises, facilities, or property;
- Using or attempting to use University property in a manner inconsistent with its designated purpose or without permission; and
- Theft, mutilation or gross disregard of Millikin property such as library or laboratory facilities or equipment.
Offenses of Possession
- 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;
- Unauthorized possession, distribution, or reckless use of any prescription medication;
- Violation of the University's Alcohol Policy
- Violation of the Drug Free Schools Act;
- Unauthorized use, possession, or storage of any firearms on Millikin premises or at activities sponsored by or affiliated with the University; and
- Unauthorized use or possession of fireworks or explosives on Millikin premises or at activities sponsored by or affiliated with the University.