103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4253

 

Introduced 1/16/2024, by Rep. Kam Buckner

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 5/12C-50

    Creates the Higher Education Violation Reporting Act. Provides that each public and private institution of higher education shall maintain a report publicly reporting actual findings of violations by any student organization, athletic team, or living group of the institution's code of conduct or anti-hazing policy or State or federal laws relating to hazing or alcohol, drugs, sexual assault, or physical assault. Provides that an institution of higher education shall provide hazing prevention education to employees. Provides that if an employee or volunteer at an institution of higher education has reasonable cause to believe that hazing has occurred, the employee or volunteer shall report the incident. Amends the Criminal Code of 2012. In provisions concerning hazing, provides that a person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State for the purpose of induction or admission into or maintenance of membership in (instead of only for the purpose of induction or admission into) any group, organization, or society associated or connected with that institution if the act meets certain requirements; makes changes to the requirements. Provides that an act may be considered hazing regardless of whether the student or other person is willing to participate in the act. Effective July 1, 2024.


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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB4253LRB103 34781 RJT 64631 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Higher
5Education Violation Reporting Act.
 
6    Section 5. Definitions. In this Act:
7    "Employee" means a person who is receiving wages from an
8institution of higher education and is in a position with
9direct, ongoing contact with students in a supervisory role or
10position of authority. "Employee" does not include a person
11employed as medical staff or with an affiliated organization,
12entity, or extension of an institution of higher education,
13unless the employee has a supervisory role or position of
14authority over students. "Employee" does not include
15confidential employees.
16    "Institution of higher education" means a public or
17private institution of higher education located in this State.
18    "Reasonable cause" means a person who witnesses hazing or
19receives a credible written or oral report alleging hazing or
20potential or planned hazing activity.
 
21    Section 10. Violation reporting.
22    (a) Beginning with the 2024-2025 academic year, each

 

 

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1institution of higher education shall maintain a report on the
2institution's website publicly reporting actual findings of
3violations by any student organization, athletic team, or
4living group of the institution of higher education's code of
5conduct or anti-hazing policy or State or federal laws
6relating to hazing or alcohol, drugs, sexual assault, or
7physical assault. The report shall include all of the
8following:
9        (1) The name of the student organization, athletic
10    team, or living group.
11        (2) The date the investigation was initiated.
12        (3) The date on which the investigation ended with a
13    finding that a violation occurred.
14        (4) The date the student organization, athletic team,
15    or living group was charged with a violation.
16        (5) A description of the violation, including the date
17    of the violation, and the findings and sanction placed on
18    the student organization, athletic team, or living group.
19        (6) The details of the sanction imposed, including the
20    beginning and end dates of the sanction.
21    (b) An investigation that does not result in a finding of a
22formal violation of the student code of conduct, anti-hazing
23policy, or State or federal law may not be included in the
24report under this Section. The report may not include any
25personal or identifying information of individual students and
26shall be subject to the requirements of the federal Family

 

 

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1Educational Rights and Privacy Act of 1974 and the Illinois
2School Student Records Act.
3    (c) The institution of higher education shall make the
4report under this Section available on its website in a
5prominent location clearly labeled and easily accessible from
6the institution's website.
7    (d) The institution of higher education shall maintain and
8update the information in the report for 5 years after that
9information was first included in the report and shall post
10the information in the report on its website at least 45
11calendar days before the start of each fall academic term and
12at least 10 days before the start of all other academic terms.
 
13    Section 15. Hazing prevention.
14    (a) Beginning with the 2024-2025 academic year, an
15institution of higher education shall provide hazing
16prevention education on the signs and dangers of hazing, as
17well as the institution of higher education's prohibition on
18hazing, to employees, including student employees, either in
19person or electronically. The prevention education shall be
20provided to employees at the beginning of each academic year.
21In addition, the prevention education shall be provided to new
22employees at the beginning of the academic term after they are
23hired.
24    (b) If, as a result of observations or information
25received in the course of employment or volunteer service, an

 

 

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1employee, including a student employee, or volunteer at an
2institution of higher education has reasonable cause to
3believe that hazing has occurred, the employee or volunteer
4shall report the incident or cause a report to be made to a
5designated authority at the institution of higher education at
6the first opportunity available.
7    (c) A person who witnesses hazing or has reasonable cause
8to believe hazing has occurred or will occur and who makes a
9report to an institution of higher education in good faith may
10not be sanctioned or punished by the institution for higher
11education for the hazing unless the person was directly
12engaged in the planning, directing, or act of hazing that is
13being reported.
14    (d) Nothing in this Section precludes a person from
15independently reporting hazing or suspected hazing activity to
16a law enforcement agency.
 
17    Section 20. The Criminal Code of 2012 is amended by
18changing Section 12C-50 as follows:
 
19    (720 ILCS 5/12C-50)
20    Sec. 12C-50. Hazing.
21    (a) A person commits hazing when he or she knowingly
22requires the performance of any act by a student or other
23person in a school, college, university, or other educational
24institution of this State, for the purpose of induction or

 

 

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1admission into or maintenance of membership in any group,
2organization, or society associated or connected with that
3institution, regardless of the student or other person's
4willingness to participate in the act, if:
5        (1) the act is not sanctioned or authorized by that
6    educational institution; and
7        (2) the act either (i) is likely to contribute to a
8    substantial risk of physical injury to, adverse mental
9    health outcomes for, or degradation of any person or (ii)
10    causes physical injury to, adverse mental health outcomes
11    for, or degradation of results in bodily harm to any
12    person.
13    (b) Sentence. Hazing is a Class A misdemeanor, except that
14hazing that results in death or great bodily harm is a Class 4
15felony.
16(Source: P.A. 97-1109, eff. 1-1-13.)
 
17    Section 99. Effective date. This Act takes effect July 1,
182024.