Brownsville man found guilty of disorderly conduct
By Colleen Kottke • The Reporter email@example.com • August 28, 2008
WAUPUN A recruiter for the Wisconsin National Guard has been
disciplined for allegedly making sexual advances toward a Waupun
woman during a recruitment visit earlier this year.
James D. Miley of Brownsville was found guilty in Dodge County
Circuit Court earlier this week on a charge of disorderly conduct
stemming from a May 19 incident.
A 20-year-old Waupun woman said Miley, while working as a recruiter
at the National Guard Armory in Waupun, took her to lunch at a Waupun
restaurant following a testing visit in Oshkosh earlier that day. The
woman told police that during lunch, Miley rubbed his leg up against
hers under the table, according to police reports.
Afterwards, at the woman's suggestion, Miley and the woman visited a
hiking trail along the Ledge south of Oakfield. While at the Ledge,
Miley allegedly tried to put his arms around the woman and kiss her neck.
On the way back to Waupun, Miley allegedly asked if the woman wanted
to have sex with him, to which she responded no, because he was
married and she had a boyfriend, according to police reports.
Back at the Waupun Armory, Miley asked the woman to accompany him
inside to set up an appointment to draw up her tattoos. The woman
told police that Miley sat at his desk and allegedly asked her if she
wanted to watch him perform a sex act, according to police reports.
The woman told police she called the Wisconsin National Guard to
report the incidents and was frustrated that officials didn't appear
to be taking the allegations seriously. She expressed concern that
Miley would continue to act in the capacity of a recruiter and
possibly take advantage of other young recruits "who may be more
naïve then her," according to police reports.
Under questioning, Miley told police that he and the woman were only
engaging in "flirtatious banter." He denied making sexual advances
while at the Ledge or back in his office, according to the police reports.
Investigator Jim Zimmerman of the Waupun Police Department said Miley
admitted that his conversation and flirtatious comments were
inappropriate given his position as a recruiter. However, police were
only able to issue an ordinance citation related to the behavior.
Lt. Col. Tim Donovan, director of Public Affairs for Wisconsin
National Guard said an independent investigation was ordered at the
state level shortly after officials were notified of the police investigation.
"Following the investigation, actions that we felt were necessary and
appropriate have been taken and some actions have not all been
completed yet," Donovan said. "(Miley) is no longer assigned as a
recruiter for the Wisconsin National Guard at this time."
Donovan said it's vitally important that recruiters maintain a
professional decorum while performing their duties.
"We are asking Wisconsin parents to give us their most precious sons
and daughters, and we take that responsibility very seriously,"
Donovan said. "We insist on appropriate behavior from all our members
all the way up and down our organization. Anyone whose behavior is
not appropriate at all times will quickly learn that behavior isn't tolerated."