Section 2520.820  Notice to Show Cause

a)         If the Department receives allegations that an institution of higher education has failed to comply with Section 5A-101.1 of the Act and the Department's preliminary investigation pursuant to Section 5A-101.1(C) of the Act reveals that the institution has failed to post its sexual harassment policy in accordance with the Act, the Department may issue to the institution a Notice to Show Cause.  The Notice to Show Cause shall specify the provisions of the Act with which the institution has failed to comply and shall state what steps the institution must take to comply with the Act.

b)         The institution shall have 30 days to respond to the Notice to Show Cause.  In its response, the institution shall describe the modifications to policies and practices it will take to conform to the provisions of the Act and/or dispute the Department's determination that the institution has failed to comply with the Act.

c)         If, upon review of the institution's response to the Notice to Show Cause, the Department determines that the institution has not corrected its failure to conform to the posting provisions of the Act, the Department shall consider an institution's reason for its failure to comply when determining whether to file a charge of civil rights violation against the institution.

(Source:  Added at 33 Ill. Reg. 17086, effective December 4, 2009)