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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Preventing Sexual Violence in Higher |
5 | | Education Act is amended by changing Section 10 as follows: |
6 | | (110 ILCS 155/10)
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7 | | Sec. 10. Comprehensive policy. On or before August 1, 2016, |
8 | | all higher education institutions shall adopt a comprehensive |
9 | | policy concerning sexual violence, domestic violence, dating |
10 | | violence, and stalking consistent with governing federal and |
11 | | State law. The higher education institution's comprehensive |
12 | | policy shall include, at a minimum, all of the following |
13 | | components: |
14 | | (1) A definition of consent that, at a minimum, |
15 | | recognizes that (i) consent is a freely given agreement to |
16 | | sexual activity, (ii) a person's lack of verbal or physical |
17 | | resistance or submission resulting from the use or threat |
18 | | of force does not constitute consent, (iii) a person's |
19 | | manner of dress does not constitute consent, (iv) a |
20 | | person's consent to past sexual activity does not |
21 | | constitute consent to future sexual activity, (v) a |
22 | | person's consent to engage in sexual activity with one |
23 | | person does not constitute consent to engage in sexual |
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1 | | activity with another, (vi) a person can withdraw consent |
2 | | at any time, and (vii) a person cannot consent to sexual |
3 | | activity if that person is unable to understand the nature |
4 | | of the activity or give knowing consent due to |
5 | | circumstances, including without limitation the following: |
6 | | (A) the person is incapacitated due to the use or |
7 | | influence of alcohol or drugs; |
8 | | (B) the person is asleep or unconscious; |
9 | | (C) the person is under age; or |
10 | | (D) the person is incapacitated due to a mental |
11 | | disability. |
12 | | Nothing in this Section prevents a higher education |
13 | | institution from defining consent in a more demanding |
14 | | manner. |
15 | | (2) Procedures that students of the higher education |
16 | | institution may follow if they choose to report an alleged |
17 | | violation of the comprehensive policy, regardless of where |
18 | | the incident of sexual violence, domestic violence, dating |
19 | | violence, or stalking occurred, including all of the |
20 | | following: |
21 | | (A) Name and contact information for the Title IX |
22 | | coordinator, campus law enforcement or security, local |
23 | | law enforcement, and the community-based sexual |
24 | | assault crisis center. |
25 | | (B) The name, title, and contact information for |
26 | | confidential advisors and other confidential resources |
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1 | | and a description of what confidential reporting |
2 | | means. |
3 | | (C) Information regarding the various individuals, |
4 | | departments, or organizations to whom a student may |
5 | | report a violation of the comprehensive policy, |
6 | | specifying for each individual and entity (i) the |
7 | | extent of the individual's or entity's reporting |
8 | | obligation, (ii) the extent of the individual's or |
9 | | entity's ability to protect the student's privacy, and |
10 | | (iii) the extent of the individual's or entity's |
11 | | ability to have confidential communications with the |
12 | | student. |
13 | | (D) An option for students to electronically |
14 | | report. |
15 | | (E) An option for students to anonymously report. |
16 | | (F) An option for students to confidentially |
17 | | report. |
18 | | (G) An option for reports by third parties and |
19 | | bystanders. |
20 | | (3) The higher education institution's procedure for |
21 | | responding to a report of an alleged incident of sexual |
22 | | violence, domestic violence, dating violence, or stalking, |
23 | | including without limitation (i) assisting and |
24 | | interviewing the survivor, (ii) identifying and locating |
25 | | witnesses, (iii) contacting and interviewing the |
26 | | respondent, (iv) contacting and cooperating with law |
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1 | | enforcement, when applicable, and (v) providing |
2 | | information regarding the importance of preserving |
3 | | physical evidence of the sexual violence and the |
4 | | availability of a medical forensic examination at no charge |
5 | | to the survivor. |
6 | | (4) A statement of the higher education institution's |
7 | | obligation to provide survivors with concise information, |
8 | | written in plain language, concerning the survivor's |
9 | | rights and options, upon receiving a report of an alleged |
10 | | violation of the comprehensive policy, as described in |
11 | | Section 15 of this Act. |
12 | | (5) The name, address, and telephone number of the |
13 | | medical facility nearest to each campus of the higher |
14 | | education institution where a survivor may have a medical |
15 | | forensic examination completed at no cost to the survivor, |
16 | | pursuant to the Sexual Assault Survivors Emergency |
17 | | Treatment Act. |
18 | | (6) The name, telephone number, address, and website |
19 | | URL, if available, of community-based, State, and national |
20 | | sexual assault crisis centers. |
21 | | (7) A statement notifying survivors of the interim |
22 | | protective
measures and accommodations reasonably |
23 | | available from the
higher education institution that a |
24 | | survivor may request in
response to an alleged violation of |
25 | | the comprehensive
policy, including without limitation |
26 | | changes to academic,
living, dining, transportation, and |
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1 | | working situations,
obtaining and enforcing campus no |
2 | | contact orders, and
honoring an order of protection or no |
3 | | contact order entered
by a State civil or criminal court. |
4 | | (8) The higher education institution's complaint |
5 | | resolution procedures if a student alleges violation of the |
6 | | comprehensive violence policy, including, at a minimum, |
7 | | the guidelines set forth in Section 25 of this Act. |
8 | | (9) A statement of the range of sanctions the higher |
9 | | education institution may impose following the |
10 | | implementation of its complaint resolution procedures in |
11 | | response to an alleged violation of the comprehensive |
12 | | policy. Sanctions may include, but are not limited to, |
13 | | suspension, expulsion, or removal of the student found, |
14 | | after complaint resolution procedures, to be in violation |
15 | | of the comprehensive policy of the higher education |
16 | | institution. |
17 | | (10) A statement of the higher education institution's |
18 | | obligation to include an amnesty provision that provides |
19 | | immunity to any student who reports, in good faith, an |
20 | | alleged violation of the higher education institution's |
21 | | comprehensive policy to a responsible employee, as defined |
22 | | by federal law, so that the reporting student will not |
23 | | receive a disciplinary sanction by the institution for a |
24 | | student conduct violation, such as underage drinking, that |
25 | | is revealed in the course of such a report, unless the |
26 | | institution determines that the violation was egregious, |
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1 | | including without limitation an action that places the |
2 | | health or safety of any other person at risk. |
3 | | (11) A statement of the higher education institution's |
4 | | prohibition on retaliation against those who, in good |
5 | | faith, report or disclose an alleged violation of the |
6 | | comprehensive policy, file a complaint, or otherwise |
7 | | participate in the complaint resolution procedure and |
8 | | available sanctions for individuals who engage in |
9 | | retaliatory conduct.
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10 | | (Source: P.A. 99-426, eff. 8-21-15.)
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11 | | Section 99. Effective date. This Act takes effect upon |
12 | | becoming law.
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