HB4253ham002 103RD GENERAL ASSEMBLY

Rep. Kam Buckner

Filed: 4/2/2024

10300HB4253ham002 LRB103 34781 RJT 71713 a

AMENDMENT TO HOUSE BILL 4253

AMENDMENT NO. ______. Amend House Bill 4253, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Higher Education Violation Reporting Act.

Section 5. Definitions. In this Act:

"Employee" means a person who is receiving wages from an institution of higher education and is in a position with responsibility for overseeing the activities of a student organization or athletic team. "Employee" does not include a person employed as medical staff or with an affiliated organization, entity, or extension of an institution of higher education, unless the employee has a supervisory role or position of authority over students. "Employee" does not include confidential employees.

"Institution of higher education" means a public or private institution of higher education located in this State.

"Reasonable cause" means a person who witnesses hazing or receives a credible written or oral report alleging hazing or potential or planned hazing activity.

Section 10. Violation reporting.

(a) Beginning with violations occurring during the 2024-2025 academic year, each institution of higher education shall maintain a report, pursuant to subsection (d), on the institution's website publicly reporting actual findings of violations by any of the institution's recognized student organizations or athletic teams of the institution's code of conduct or anti-hazing policy or State or federal laws relating to hazing. The report shall include all of the following:

(1) The name of the student organization or athletic team, unless naming the student organization or athletic team would violate the federal Family Educational Rights and Privacy Act of 1974 or the Illinois School Student Records Act with regard to personally identifiable information, including indirect identifiers.

(2) The date the investigation was initiated.

(3) The date on which the investigation ended with a finding that a violation occurred.

(4) The date the student organization, athletic team, or living group was charged with a violation.

(5) A description of the reported behavior, including the date of the violation, and the findings and sanction placed on the student organization or athletic team.

(6) The details of the sanction imposed, including the beginning and end dates of the sanction.

The report may not disclose details of matters that have been reported and are possibly being investigated of a sexual nature that would fall under federal Department of Education regulations against the express wishes of the complainant.

(b) An investigation that does not result in a finding of a formal violation of the student code of conduct, anti-hazing policy, or State or federal law may not be included in the report under this Section. The report may not include any personal or identifying information of individual students and shall be subject to the requirements of the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student Records Act.

(c) The institution of higher education shall make the report under this Section available on its website in a location clearly labeled and easily accessible from the institution's website.

(d) The institution of higher education shall maintain and update the information in the report for 5 years after that information was first included in the report and shall post the information in the report on its website within 45 days after completion of the investigation and adjudication process.

Section 15. Hazing prevention.

(a) Beginning with the 2024-2025 academic year, an institution of higher education shall provide hazing prevention education on the signs and dangers of hazing, as well as the institution of higher education's prohibition on hazing, to employees, including student employees, either in person or electronically. The prevention education shall be provided to employees at the beginning of each academic year. In addition, the prevention education shall be provided to new employees at the beginning of the academic term after they are hired.

(b) If, as a result of observations or information received in the course of employment, an employee, including a student employee, at an institution of higher education has reasonable cause to believe that hazing has occurred, the employee shall report the incident or cause a report to be made to a designated authority at the institution, as defined and published by the institution, at the first opportunity available.

(c) A person who witnesses hazing or has reasonable cause to believe hazing has occurred or will occur and who makes a report to an institution of higher education in good faith and cooperates with any investigation may not be sanctioned or punished by the institution for the hazing, unless the person was directly engaged in the planning, directing, or act of hazing that is being reported.

(d) Nothing in this Section precludes a person from independently reporting hazing or suspected hazing activity to a law enforcement agency.

Section 20. Employer responsibilities.

(a) Beginning with the 2024-2025 academic year, an institution of higher education shall notify its employees that the employees are mandated reporters.

(b) Beginning with the 2024-2025 academic year, an institution of higher education shall provide training to its employees on the responsibilities of a mandated reporter.

Section 90. The Criminal Code of 2012 is amended by changing Section 12C-50 as follows:

(720 ILCS 5/12C-50)

Sec. 12C-50. Hazing.

(a) 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 conferring, gaining, or maintaining acceptance, membership, office, or other status in induction or admission into any group, organization, or society associated or connected with that institution, regardless of the student or other person's willingness to perform the act, if:

(1) the act is neither not sanctioned or authorized by that educational institution nor is a customary athletic event; and

(2) the act either (i) subjects any person to a substantial risk of physical harm, mental harm, or degradation or (ii) causes any person to suffer physical harm, mental harm, or degradation results in bodily harm to any person.

(b) Sentence. Hazing is a Class A misdemeanor, except that hazing that results in death or great bodily harm is a Class 4 felony.

(Source: P.A. 97-1109, eff. 1-1-13.)

Section 99. Effective date. This Act takes effect July 1, 2024.".