HB0821 EngrossedLRB099 04641 NHT 24670 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
5Preventing Sexual Violence in Higher Education Act.
 
6    Section 5. Definitions. In this Act:
7    "Awareness programming" means institutional action
8designed to communicate the prevalence of sexual violence,
9including without limitation training, poster and flyer
10campaigns, electronic communications, films, guest speakers,
11symposia, conferences, seminars, or panel discussions.
12    "Bystander intervention" includes without limitation the
13act of challenging the social norms that support, condone, or
14permit sexual violence.
15    "Complainant" means a student who files a complaint
16alleging violation of the comprehensive policy through the
17higher education institution's complaint resolution process.
18    "Comprehensive policy" means a policy created and
19implemented by a higher education institution to address
20student allegations of sexual violence, domestic violence,
21dating violence, and stalking.
22    "Confidential advisor" means a person who is employed or
23contracted by a higher education institution to provide

 

 

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1emergency and ongoing support to student survivors of sexual
2violence with the training, duties, and responsibilities
3described in Section 20 of this Act.
4    "Higher education institution" means a public university,
5a public community college, or an independent, not-for-profit
6or for-profit higher education institution located in this
7State.
8    "Primary prevention programming" means institutional
9action and strategies intended to prevent sexual violence
10before it occurs by means of changing social norms and other
11approaches, including without limitation training, poster and
12flyer campaigns, electronic communications, films, guest
13speakers, symposia, conferences, seminars, or panel
14discussions.
15    "Respondent" means a student who has been accused of
16violating a higher education institution's comprehensive
17policy.
18    "Sexual violence" means physical sexual acts attempted or
19perpetrated against a person's will or when a person is
20incapable of giving consent, including without limitation
21rape, sexual assault, sexual battery, sexual abuse, and sexual
22coercion.
23    "Survivor" means a student who has experienced sexual
24violence, domestic violence, dating violence, or stalking
25while enrolled at a higher education institution.
26    "Trauma-informed response" means a response involving an

 

 

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1understanding of the complexities of sexual violence through
2training centered on the neurobiological impact of trauma, the
3influence of societal myths and stereotypes surrounding sexual
4violence, understanding the behavior of perpetrators, and
5conducting an effective investigation.
6    "Victim-centered" means a systematic focus on the needs and
7concerns of a victim of sexual violence that (i) ensures the
8compassionate and sensitive delivery of services in a
9nonjudgmental manner; (ii) ensures an understanding of how
10trauma affects victim behavior; (iii) maintains victim safety,
11privacy, and, if possible, confidentiality; and (iv)
12recognizes that a victim is not responsible for the sexual
13violence.
 
14    Section 10. Comprehensive policy. On or before August 1,
152016, all higher education institutions shall adopt a
16comprehensive policy concerning sexual violence, domestic
17violence, dating violence, and stalking consistent with
18governing federal and State law. The higher education
19institution's comprehensive policy shall include, at a
20minimum, all of the following components:
21        (1) A definition of consent that, at a minimum,
22    recognizes that (i) consent is a freely given agreement to
23    sexual activity, (ii) a person's lack of verbal or physical
24    resistance or submission resulting from the use or threat
25    of force does not constitute consent, (iii) a person's

 

 

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1    manner of dress does not constitute consent, (iv) a
2    person's consent to past sexual activity does not
3    constitute consent to future sexual activity, (v) a
4    person's consent to engage in sexual activity with one
5    person does not constitute consent to engage in sexual
6    activity with another, (vi) a person can withdraw consent
7    at any time, and (vii) a person cannot consent to sexual
8    activity if he or she is unable to understand the nature of
9    the activity or give knowing consent due to circumstances,
10    including without limitation the following:
11            (A) the person is incapacitated due to the use or
12        influence of alcohol or drugs;
13            (B) the person is asleep or unconscious;
14            (C) the person is under age; or
15            (D) the person has a mental disability.
16        Nothing in this Section prevents a higher education
17    institution from defining consent in a manner that is more
18    demanding.
19        (2) Procedures that students of the higher education
20    institution may follow if they choose to report a violation
21    of the comprehensive policy, regardless of where the
22    incident occurred, including all of the following:
23            (A) Name and contact information for the Title IX
24        coordinator, campus law enforcement or security, local
25        law enforcement, and the local sexual assault or rape
26        crisis service center.

 

 

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1            (B) The name, title, and contact information for
2        confidential advisors and other confidential resources
3        and a description of what confidential reporting
4        means.
5            (C) Information regarding the various individuals,
6        departments, or organizations to whom a student may
7        report a violation of the comprehensive policy,
8        specifying for each individual and entity (i) the
9        extent of the individual's or entity's reporting
10        obligation, (ii) the extent of the individual's or
11        entity's ability to protect the student's privacy, and
12        (iii) the extent of the individual's or entity's
13        ability to have confidential communication with the
14        student.
15            (D) An option for students to electronically
16        report.
17            (E) An option for students to anonymously report.
18            (F) An option for students to confidentially
19        report.
20            (G) An option for reports by third parties and
21        bystanders.
22        (3) The higher education institution's procedure for
23    responding to a report of an incident, including without
24    limitation (i) assisting and interviewing the survivor,
25    (ii) identifying and locating witnesses, (iii) contacting
26    and interviewing the respondent, (iv) contacting and

 

 

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1    cooperating with law enforcement, when applicable, and (v)
2    providing information regarding the importance of
3    preserving 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 notice of a violation of
10    the comprehensive policy, as described in Section 15 of
11    this Act.
12        (5) The name, address, and telephone number of the
13    nearest medical facility where a survivor may have a
14    medical forensic examination completed at no cost to the
15    survivor.
16        (6) The name, telephone number, address, and website
17    URL, if available, of local, State, and national rape or
18    sexual assault crisis centers.
19        (7) A statement notifying survivors of immediate steps
20    and interim remedies reasonably available from the higher
21    education institution, including without limitation
22    obtaining and enforcing a no contact order or protective
23    order and changing academic schedules, living
24    arrangements, campus transportation, or work placement or
25    schedules in response to a violation of the comprehensive
26    policy.

 

 

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1        (8) The higher education institution's complaint
2    resolution procedures if a student alleges violation of the
3    comprehensive violence policy, including, at a minimum,
4    the guidelines set forth in Section 25 of this Act.
5        (9) A statement of the range of sanctions the higher
6    education institution may impose following the
7    implementation of its complaint resolution procedures in
8    response to a violation of the comprehensive policy.
9        (10) A statement of the higher education institution's
10    obligation to include an amnesty provision that provides
11    immunity to any student who reports, in good faith,
12    violation of the higher education institution's
13    comprehensive policy to a responsible employee, as defined
14    by federal law, so that he or she will not receive a
15    disciplinary sanction by the institution for a student
16    conduct violation, such as underage drinking, that is
17    revealed in the course of such a report, unless the
18    institution determines that the violation was egregious,
19    including without limitation an action that places the
20    health or safety of any other person at risk.
21        (11) A statement of the higher education institution's
22    prohibition on retaliation against those who, in good
23    faith, report or disclose a violation of the comprehensive
24    policy, file a complaint, or otherwise participate in the
25    complaint resolution process and available sanctions for
26    individuals who engage in retaliatory conduct.
 

 

 

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1    Section 15. Student notification of rights and options.
2    (a) On or before August 1, 2016, upon being notified of a
3violation of the comprehensive policy by or on behalf of a
4student, each higher education institution shall, at a minimum,
5provide the student survivor, when identified, with a concise
6notification, written in plain language, of the survivor's
7rights and options, including without limitation:
8        (1) the survivor's right to report or not report the
9    incident to the higher education institution, law
10    enforcement, or both, including information about the
11    survivor's right to privacy and which reporting methods are
12    confidential;
13        (2) the contact information for the higher education
14    institution's Title IX coordinator or coordinators,
15    confidential advisors, local rape crisis centers, campus
16    law enforcement, and local law enforcement;
17        (3) the survivor's right to request and receive
18    assistance from campus authorities in notifying law
19    enforcement;
20        (4) the availability of interim remedies to survivors
21    of sexual violence, domestic violence, dating violence,
22    and stalking, including without limitation obtaining and
23    enforcing an order of protection or civil no contact order
24    on campus or in State court, changing housing, or changing
25    the class schedule;

 

 

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1        (5) the higher education institution's ability to
2    provide assistance, upon the survivor's request, in
3    accessing and navigating campus and local health and mental
4    health services, counseling, and advocacy services; and
5        (6) a summary of the higher education institution's
6    complaint resolution procedures, under Section 25 of this
7    Act, if the student survivor reports a violation of the
8    comprehensive policy.
9    (b) Within 12 hours after receiving an electronic report,
10the higher education institution shall contact, electronically
11or otherwise, the individual who submitted the electronic
12report of sexual violence, domestic violence, dating violence,
13or stalking. The higher education institution shall provide the
14individual making the electronic report a copy of the concise,
15written notification of the student survivor's rights and
16options and a list of available resources as a part of the
17initial contact with the electronic reporter.
 
18    Section 20. Confidential advisor.
19    (a) Each higher education institution shall provide
20students with access to confidential advisors to provide
21emergency and ongoing support to survivors of sexual violence.
22    (b) The confidential advisors may not be individuals on
23campus who are designated as responsible employees under Title
24IX of the federal Education Amendments of 1972. Nothing in this
25Section precludes a higher education institution from

 

 

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1partnering with a sexual assault or rape crisis center to
2provide confidential advisors.
3    (c) All confidential advisors shall receive 40 hours of
4training on sexual violence before being designated a
5confidential advisor and shall attend a minimum of 6 hours of
6ongoing education training annually on issues related to sexual
7violence to remain a confidential advisor. Confidential
8advisors shall also receive periodic training on the campus
9administrative processes, interim measures, academic and other
10accommodations, and the Title IX complaint resolution
11procedures.
12    (d) In the course of working with a survivor, each
13confidential advisor shall, at a minimum, do all of the
14following:
15        (1) Inform the survivor of the survivor's choice of
16    possible next steps regarding the survivor's reporting
17    options and possible outcomes, including without
18    limitation reporting pursuant to the higher education
19    institution's comprehensive policy and notifying local law
20    enforcement.
21        (2) Notify the survivor of resources and services for
22    student survivors of sexual violence, including, but not
23    limited to, student services available on campus and
24    through community-based resources, including without
25    limitation sexual assault or rape crisis centers, medical
26    treatment facilities, counseling services, legal options,

 

 

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1    medical forensic services, and mental health services.
2        (3) Advise the survivor of the survivor's rights and
3    the higher education institution's responsibilities
4    regarding orders of protection, no contact orders, or
5    similar lawful orders issued by the higher education
6    institution or a criminal or civil court.
7        (4) Provide confidential services to and have
8    privileged, confidential communications with students in
9    accordance with Section 8-804 of the Code of Civil
10    Procedure.
11        (5) Upon the survivor's request and as appropriate,
12    liaise with campus officials, rape crisis centers, sexual
13    assault centers, or local law enforcement and, if
14    requested, assist the survivor with contacting and
15    reporting to campus officials, campus law enforcement, or
16    local law enforcement.
17        (6) Upon the survivor's request, liaise with the
18    necessary campus authorities to secure interim remedies
19    and accommodations for the survivor.
 
20    Section 25. Complaint resolution guidelines.
21    (a) On or before August 1, 2016, each higher education
22institution shall adopt one procedure to resolve complaints of
23student violations of the comprehensive policy.
24    (b) A higher education institution's complaint resolution
25procedure for allegations of student violation of the

 

 

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1comprehensive policy shall provide, at a minimum, all of the
2following:
3        (1) Complainants alleging student violation of the
4    comprehensive policy shall have the opportunity to request
5    that the complaint resolution process begin promptly and
6    proceed in a timely manner.
7        (2) The higher education institution shall determine
8    the individuals who will resolve complaints of student
9    violations of the comprehensive policy.
10        (3) All individuals whose duties include resolution of
11    complaints of student violations of the comprehensive
12    policy shall receive a minimum of 8 to 10 hours of annual
13    training on issues related to sexual violence, domestic
14    violence, dating violence, and stalking and how to conduct
15    the higher education institution's complaint resolution
16    process, in addition to the annual training required for
17    employees as provided in subsection (c) of Section 30 of
18    this Act.
19        (4) The higher education institution shall have a
20    sufficient number of individuals trained to resolve
21    complaints so that (i) a substitution can occur in the case
22    of a conflict of interest or recusal and (ii) an individual
23    or individuals with no prior involvement in the initial
24    determination or finding hear any appeal brought by a
25    party.
26        (5) The individual or individuals resolving a

 

 

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1    complaint shall use a preponderance of the evidence
2    standard to determine whether the alleged violation of the
3    comprehensive policy occurred.
4        (6) The complainant and respondent shall (i) receive
5    notice of the individual or individuals with
6    decision-making authority in their proceeding prior to
7    having any contact with the individual or individuals and
8    (ii) have the opportunity to request a substitution if the
9    participation of a decision maker poses a conflict of
10    interest.
11        (7) The higher education institution shall have a
12    process to determine interim actions and remedies
13    available pending the resolution of the complaint.
14        (8) Any proceeding, meeting, or hearing held to resolve
15    complaints of student violations of the comprehensive
16    policy shall protect the privacy of the participating
17    parties and witnesses.
18        (9) The complainant, regardless of his or her level of
19    involvement in the process, and the respondent shall have
20    the opportunity to provide or present evidence and
21    witnesses on their behalf during the complaint resolution
22    process.
23        (10) The complainant and the respondent may not
24    directly cross examine one another, but may, at the
25    discretion and direction of the individual or individuals
26    resolving the complaint, suggest questions to be posed by

 

 

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1    the individual or individuals resolving the complaint and
2    respond to the other party.
3        (11) Both parties may request to have an advisor of
4    their choice accompany them to any meeting or proceeding
5    related to a violation of the comprehensive policy,
6    provided that the involvement of the advisor does not
7    result in undue delay of the meeting or proceeding and that
8    the advisor participates in a respectful manner. If the
9    advisor engages in behavior or advocacy that harasses,
10    abuses, or intimidates either party, that advisor may be
11    prohibited from further participation.
12        (12) The complainant and the respondent may not be
13    compelled to testify, if the complaint resolution
14    procedure involves a hearing, in the presence of the other
15    party. If a party invokes this right, the higher education
16    institution shall provide a process by which the other
17    party can see and hear the other party's testimony.
18        (13) The complainant and the respondent are entitled to
19    simultaneous, written notification of the results of any
20    complaint resolution proceeding, including information
21    regarding appeal rights, within 7 days of a decision or
22    sooner if required by State or federal law.
23        (14) The complainant and the respondent shall have the
24    right to timely appeal the complaint resolution
25    proceeding's findings or imposed sanctions. The individual
26    or individuals reviewing the findings or imposed sanctions

 

 

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1    shall not have participated previously in the complaint
2    resolution process and shall not have a conflict of
3    interest with either party. The complainant and the
4    respondent shall receive the appeal decision in writing
5    within 7 days after the conclusion of the review of
6    findings or sanctions or sooner if required by federal or
7    State law.
8        (15) The higher education institution shall not
9    disclose the identity of the survivor or the respondent,
10    except as provided by State or federal law.
 
11    Section 30. Campus training, education, and awareness.
12    (a) On or before August 1, 2016, a higher education
13institution shall prominently publish, timely update, and have
14easily available on its Internet website all of the following
15information:
16        (1) The higher education institution's comprehensive
17    policy, as well as options and resources available to
18    survivors.
19        (2) The higher education institution's student
20    notification of rights and options described in Section 15
21    of this Act.
22        (3) The name and contact information for all of the
23    higher education institution's Title IX coordinators.
24        (4) An explanation of the role of (i) Title IX
25    coordinators, including deputy or assistant Title IX

 

 

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1    coordinators, under Title IX of the federal Education
2    Amendments of 1972, (ii) responsible employees under Title
3    IX of the federal Education Amendments of 1972, (iii)
4    campus security authorities under the federal Jeanne Clery
5    Disclosure of Campus Security Policy and Campus Crime
6    Statistics Act, and (iv) mandated reporters under the
7    Abused and Neglected Child Reporting Act and the reporting
8    obligations of each, as well as the level of
9    confidentiality each is allowed to provide to reporting
10    students under relevant federal and State law.
11        (5) The name, title, and contact information for all
12    confidential advisors, counseling services, and
13    confidential resources that can provide a confidential
14    response to a report and a description of what confidential
15    reporting means.
16        (6) The telephone number and website URL for local,
17    State, and national hotlines providing information to
18    sexual violence survivors.
19    (b) Beginning with the 2016-2017 academic year, each higher
20education institution shall provide sexual violence primary
21prevention and awareness programming for all students who
22attend one or more classes on campus, which shall include, at a
23minimum, annual training as described in this subsection (b).
24Nothing in this Section shall be construed to limit the higher
25education institution's ability to conduct additional ongoing
26sexual violence primary prevention and awareness programming.

 

 

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1    The annual training shall ensure that each student who
2attends one or more classes on campus receives information
3regarding the higher education institution's comprehensive
4policy, including without limitation the following:
5        (1) the institution's definitions of consent,
6    inability to consent, and retaliation as they relate to
7    sexual violence;
8        (2) reporting to the higher education institution,
9    campus law enforcement, and local law enforcement;
10        (3) reporting to the confidential advisor or other
11    confidential resources;
12        (4) available survivor services; and
13        (5) strategies for bystander intervention and risk
14    reduction.
15    At the beginning of each academic year, each higher
16education institution shall provide each student, student
17group, team, and organization of the higher education
18institution with an electronic copy or hard copy of its
19comprehensive policy and related protocols.
20    (c) Beginning in the 2016-2017 academic year, a higher
21education institution shall provide annual victim-centered and
22trauma-informed response training to any employee of the higher
23education institution who is involved in (i) the receipt of a
24student report of an alleged incident of sexual violence,
25domestic violence, dating violence, or stalking, (ii) the
26referral or provision of services to a survivor, or (iii) any

 

 

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1campus complaint resolution proceedings that result from an
2alleged incident. Employees falling under this description
3include without limitation the Title IX coordinator, members of
4the higher education institution's campus law enforcement, and
5campus security. An enrolled student who is appointed to serve
6as a residence-life advisor and an employee or contracted
7service provider that provides campus security shall also
8receive annual victim-centered and trauma-informed response
9training.
10    The higher education institution shall design the training
11to improve the trainee's ability to understand (i) the higher
12education institution's comprehensive policy; (ii) the
13relevant federal and State law concerning survivors of sexual
14violence, domestic violence, dating violence, and stalking at
15higher education institutions; (iii) the roles of the
16institution, medical providers, law enforcement, and community
17agencies in ensuring a coordinated response to a reported
18incident of sexual violence; (iv) the effects of trauma on a
19survivor; (v) the types of conduct that constitute sexual
20violence, domestic violence, dating violence, and stalking,
21including same-sex violence; and (vi) consent and the role
22drugs and alcohol use can have on the ability to consent. The
23training shall also seek to improve the trainee's ability to
24respond with cultural sensitivity; provide services to or
25assist in locating services for a survivor, as appropriate; and
26communicate sensitively and compassionately with a survivor of

 

 

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1sexual violence, domestic violence, dating violence, or
2stalking.
 
3    Section 75. The Campus Security Enhancement Act of 2008 is
4amended by changing Section 10 as follows:
 
5    (110 ILCS 12/10)
6    Sec. 10. Task Community task force.
7    (a) In this Section:
8    "Higher education institution" means a public university,
9a public community college, or an independent, not-for-profit
10or for-profit higher education institution located in this
11State.
12    "Sexual violence" means physical sexual acts attempted or
13perpetrated against a person's will or when a person is
14incapable of giving consent, including without limitation
15rape, sexual assault, sexual battery, sexual abuse, and sexual
16coercion.
17    (b) Each public institution of higher education
18institution shall either establish their own campus-wide task
19force or participate in a regional task force, as set out in
20this Section, on or before August 1, 2016. The task forces
21shall be composed of representatives of campus staff, campus
22students, community-based organizations, and law enforcement.
23The task forces shall work toward improving coordination by
24December 1, 1996, a community task force for the purpose of

 

 

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1coordinating with community leaders and service providers to
2prevent sexual violence, domestic violence, dating violence,
3and stalking assaults and to ensure a coordinated response both
4in terms of law enforcement and victim services.
5        (1) The participants of the campus-wide task force
6    shall consist of individuals, including campus staff,
7    faculty, and students, selected by the president or
8    chancellor of each higher education institution or the
9    president's or chancellor's designee, which must include
10    various stakeholders on the issue of sexual violence,
11    domestic violence, dating violence, and stalking.
12        The president or chancellor of each higher education
13    institution or the president's or chancellor's designee
14    shall invite each of the following entities to identify an
15    individual to serve on the campus-wide task force:
16            (A) a community-based sexual assault or rape
17        crisis service center;
18            (B) a community-based domestic violence agency;
19            (C) local law enforcement; and
20            (D) the local State's Attorney's office.
21        Each higher education institution may make available
22    to members of the campus-wide task force training on (i)
23    the awareness and prevention of sexual violence, domestic
24    violence, dating violence, and stalking and communicating
25    with and providing assistance to a student survivor of
26    sexual violence, domestic violence, dating violence, and

 

 

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1    stalking; (ii) the higher education institution's
2    comprehensive policy concerning sexual violence, domestic
3    violence, dating violence, and stalking; (iii) the
4    provisions of federal and State law concerning survivors of
5    sexual violence, domestic violence, dating violence, and
6    stalking at higher education institutions; (iv)
7    victim-centered responses and the role of community-based
8    advocates; (v) the role and functions of each member on
9    such campus-wide task force for the purpose of ensuring a
10    coordinated response to reported incidences of sexual
11    violence, domestic violence, dating violence, and
12    stalking; and (vi) trauma-informed responses to sexual
13    violence, domestic violence, dating violence, and
14    stalking.
15        The campus-wide task force shall meet at least 2 times
16    per calendar year for the purpose of discussing and
17    improving upon the following areas:
18            (I) best practices as they relate to prevention,
19        awareness, education, and response to sexual violence,
20        domestic violence, dating violence, and stalking;
21            (II) the higher education institution's
22        comprehensive policy and procedures; and
23            (III) collaboration and information-sharing among
24        the higher education institution, community-based
25        organizations, and law enforcement, including without
26        limitation discussing memoranda of understanding,

 

 

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1        protocols, or other practices for cooperation.
2        (2) Any regional task force in which a higher education
3    institution participates shall have representatives from
4    the following: higher education institutions,
5    community-based sexual assault or rape crisis centers and
6    domestic violence organizations, and law enforcement
7    agencies in the region, including, police, State's
8    Attorney's offices, and other relevant law enforcement
9    agencies. A higher education institution shall send
10    appropriate designees, including faculty, staff, and
11    students, to participate in the regional task force.
12        The regional task force shall meet at least 2 times per
13    calendar year for the purpose of discussing and improving
14    upon the following areas:
15            (A) best practices as they relate to prevention of,
16        awareness of, education concerning, and the response
17        to sexual violence, domestic violence, dating
18        violence, and stalking;
19            (B) sexual violence policies and procedures; and
20            (C) collaboration and information-sharing among
21        higher education institutions, community-based
22        organizations, and law enforcement, including without
23        limitation discussing memoranda of understanding,
24        protocols, or other practices for cooperation.
25(Source: P.A. 88-629, eff. 9-9-94.)
 

 

 

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1    Section 80. The Board of Higher Education Act is amended by
2changing Section 9.21 as follows:
 
3    (110 ILCS 205/9.21)  (from Ch. 144, par. 189.21)
4    Sec. 9.21. Human Relations.
5    (a) The Board shall monitor, budget, evaluate, and report
6to the General Assembly in accordance with Section 9.16 of this
7Act on programs to improve human relations to include race,
8ethnicity, gender and other issues related to improving human
9relations. The programs shall at least:
10        (1) require each public institution of higher
11    education to include, in the general education
12    requirements for obtaining a degree, coursework on
13    improving human relations to include race, ethnicity,
14    gender and other issues related to improving human
15    relations to address racism and sexual harassment on their
16    campuses, through existing courses;
17        (2) require each public institution of higher
18    education to report annually monthly to the Department of
19    Human Rights and the Attorney General on each adjudicated
20    case in which a finding of racial, ethnic or religious
21    intimidation or sexual harassment made in a grievance,
22    affirmative action or other proceeding established by that
23    institution to investigate and determine allegations of
24    racial, ethnic or religious intimidation and sexual
25    harassment; and

 

 

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1        (3) require each public institution of higher
2    education to forward to the local State's Attorney any
3    report received by campus security or by a university
4    police department alleging the commission of a hate crime
5    as defined under Section 12-7.1 of the Criminal Code of
6    2012.
7    (b) In this subsection (b):
8    "Higher education institution" means a public university,
9a public community college, or an independent, not-for-profit
10or for-profit higher education institution located in this
11State.
12    "Sexual violence" means physical sexual acts attempted or
13perpetrated against a person's will or when a person is
14incapable of giving consent, including without limitation
15rape, sexual assault, sexual battery, sexual abuse, and sexual
16coercion.
17    On or before November 1, 2017 and on or before every
18November 1 thereafter, each higher education institution shall
19provide an annual report, concerning the immediately preceding
20calendar year, to the Department of Human Rights and the
21Attorney General with all of the following components:
22        (1) A copy of the higher education institution's most
23    recent comprehensive policy adopted in accordance with
24    Section 10 of the Preventing Sexual Violence in Higher
25    Education Act.
26        (2) A copy of the higher education institution's most

 

 

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1    recent concise, written notification of a survivor's
2    rights and options under its comprehensive policy,
3    required pursuant to Section 15 of the Preventing Sexual
4    Violence in Higher Education Act.
5        (3) The number, type, and attendance, if applicable, of
6    primary prevention and awareness programming at the higher
7    education institution.
8        (4) The number of incidents of sexual violence,
9    domestic violence, dating violence, and stalking reported
10    to the Title IX coordinator or other responsible employee,
11    pursuant to Title IX of the federal Education Amendments of
12    1972, of the higher education institution.
13        (5) The number of confidential and anonymous reports to
14    the higher education institution of sexual violence,
15    domestic violence, dating violence, and stalking.
16        (6) The number of allegations in which the survivor
17    requested not to proceed with the higher education
18    institution's complaint resolution process.
19        (7) The number of allegations of sexual violence,
20    domestic violence, dating violence, and stalking that the
21    higher education institution investigated.
22        (8) The number of allegations of sexual violence,
23    domestic violence, dating violence, and stalking that were
24    referred to local or State law enforcement.
25        (9) The number of allegations of sexual violence,
26    domestic violence, dating violence, and stalking that the

 

 

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1    higher education institution reviewed through its
2    complaint resolution.
3        (10) With respect to all allegations of sexual
4    violence, domestic violence, dating violence, and stalking
5    reviewed under the higher education institution's
6    complaint resolution process, an aggregate list of the
7    number of students who were (i) dismissed or expelled, (ii)
8    suspended, (iii) otherwise disciplined, or (iv) found not
9    responsible for violation of the comprehensive policy
10    through the complaint resolution process during the
11    reporting period.
12    The Office of the Attorney General shall maintain on its
13Internet website for public inspection a list of all higher
14education institutions that fail to comply with the annual
15reporting requirements as set forth in this subsection (b).
16(Source: P.A. 97-1150, eff. 1-25-13.)
 
17    Section 85. The Code of Civil Procedure Act is amended by
18adding Section 8-804 as follows:
 
19    (735 ILCS 5/8-804 new)
20    Sec. 8-804. Confidential advisor.
21    (a) This Section is intended to protect students at higher
22education institutions in this State who are survivors of
23sexual violence from public disclosure of statements they make
24in confidence to confidential advisors. Because of the fear,

 

 

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1stigma, and trauma that often result from incidents of sexual
2violence, many survivors hesitate to report or seek help, even
3when it is available at no cost to them. As a result, they not
4only fail to receive needed medical care and emergency
5counseling, but may lack the psychological support necessary to
6report the incident of sexual violence to the higher education
7institution or law enforcement.
8    (b) In this Section:
9    "Confidential advisor" means a person who is employed or
10contracted by a higher education institution to provide
11emergency and ongoing support to student survivors of sexual
12violence with the training, duties, and responsibilities
13described in Section 20 of the Preventing Sexual Violence in
14Higher Education Act.
15    "Higher education institution" means a public university,
16a public community college, or an independent, not-for-profit
17or for-profit higher education institution located in this
18State.
19    "Sexual violence" means physical sexual acts attempted or
20perpetrated against a person's will or when a person is
21incapable of giving consent, including without limitation
22rape, sexual assault, sexual battery, sexual abuse, and sexual
23coercion.
24    "Survivor" means a student who has experienced sexual
25violence, domestic violence, dating violence, or stalking
26while enrolled at a higher education institution.

 

 

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1    (c) All communications between a confidential advisor and a
2student survivor pertaining to an incident of sexual violence
3shall remain confidential, unless the student survivor
4consents to the disclosure of the communication in writing, the
5disclosure falls within one of the exceptions outlined in
6subsection (d) of this Section, or failure to disclose the
7communication would violate State or federal law.
8Communications include all records kept by the confidential
9advisor in the course of providing the survivor with services
10related to the incident of sexual violence.
11    (d) The confidential advisor may disclose confidential
12communications between the confidential advisor and the
13survivor if failure to disclose would result in a clear,
14imminent risk of serious physical injury to or death of the
15survivor or another person.
16    The confidential advisor shall have no obligation to report
17crimes to the higher education institution or law enforcement,
18except to report to the Title IX coordinator, as defined by
19Title IX of the federal Education Amendments of 1972, on a
20monthly basis the number and type of incidents of sexual
21violence reported exclusively to the confidential advisor in
22accordance with the higher education institution's reporting
23requirements under subsection (b) of Section 9.21 of the Board
24of Higher Education Act and under federal law.
25    If, in any judicial proceeding, a party alleges that the
26statements are necessary to the determination of any issue

 

 

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1before the court and written consent to disclosure has not been
2given, the party may ask the court to consider ordering the
3disclosure of the statements. In such a case, statements may be
4disclosed if the court finds, after in camera examination of
5the statement, that it is relevant, probative, not unduly
6prejudicial or inflammatory, or otherwise clearly admissible;
7that other evidence is demonstrably unsatisfactory as evidence
8of the facts sought to be established by the statement or
9statements; and that disclosure is more important to the
10interests of substantial justice than protection from injury to
11the confidential advisor-survivor relationship, to the
12survivor, or any other individual whom disclosure is likely to
13harm.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.