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:
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)
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.
Procedures for Consultation or Assistance
Because of the serious nature of sexual misconductcharges, individuals who believe they may have been victims of sexual misconduct are encouraged to seek assistance in a discreet andresponsible manner.
1.Informal Consultation. Individuals who believe that they may be victimsof sexual misconduct may consult with one of the following individualsto discuss the matter or to identify proper procedures and resources inthe event that formal action seems appropriate:
a. The appropriate Dean or supervisor
b. Student Development staff
c. The Affirmative Action Officer
d. Title IX Coordinator
In any case, the Affirmative Action Officer must be informed by the individual receiving the complaint.
2.Formal Grievance Procedure. In keeping with the requirements of TitleIX legislation, Millikin University has a formal Grievance Procedurewhich applies to students, faculty, and staff.