Illinois General Assembly - Full Text of HB0821
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Full Text of HB0821  99th General Assembly

HB0821enr 99TH GENERAL ASSEMBLY



 


 
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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 procedure.
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 involved in the complaint
16resolution procedure who has been accused of violating a higher
17education institution's comprehensive policy.
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    "Survivor-centered" means a systematic focus on the needs

 

 

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1and concerns of a survivor of sexual violence, domestic
2violence, dating violence, or stalking that (i) ensures the
3compassionate and sensitive delivery of services in a
4nonjudgmental manner; (ii) ensures an understanding of how
5trauma affects survivor behavior; (iii) maintains survivor
6safety, privacy, and, if possible, confidentiality; and (iv)
7recognizes that a survivor is not responsible for the sexual
8violence, domestic violence, dating violence, or stalking.
9    "Trauma-informed response" means a response involving an
10understanding of the complexities of sexual violence, domestic
11violence, dating violence, or stalking through training
12centered on the neurobiological impact of trauma, the influence
13of societal myths and stereotypes surrounding sexual violence,
14domestic violence, dating violence, or stalking, and
15understanding the behavior of perpetrators.
 
16    Section 10. Comprehensive policy. On or before August 1,
172016, all higher education institutions shall adopt a
18comprehensive policy concerning sexual violence, domestic
19violence, dating violence, and stalking consistent with
20governing federal and State law. The higher education
21institution's comprehensive policy shall include, at a
22minimum, all of the following components:
23        (1) A definition of consent that, at a minimum,
24    recognizes that (i) consent is a freely given agreement to
25    sexual activity, (ii) a person's lack of verbal or physical

 

 

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1    resistance or submission resulting from the use or threat
2    of force does not constitute consent, (iii) a person's
3    manner of dress does not constitute consent, (iv) a
4    person's consent to past sexual activity does not
5    constitute consent to future sexual activity, (v) a
6    person's consent to engage in sexual activity with one
7    person does not constitute consent to engage in sexual
8    activity with another, (vi) a person can withdraw consent
9    at any time, and (vii) a person cannot consent to sexual
10    activity if that person is unable to understand the nature
11    of the activity or give knowing consent due to
12    circumstances, including without limitation the following:
13            (A) the person is incapacitated due to the use or
14        influence of alcohol or drugs;
15            (B) the person is asleep or unconscious;
16            (C) the person is under age; or
17            (D) the person is incapacitated due to a mental
18        disability.
19        Nothing in this Section prevents a higher education
20    institution from defining consent in a more demanding
21    manner.
22        (2) Procedures that students of the higher education
23    institution may follow if they choose to report an alleged
24    violation of the comprehensive policy, regardless of where
25    the incident of sexual violence, domestic violence, dating
26    violence, or stalking occurred, including all of the

 

 

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1    following:
2            (A) Name and contact information for the Title IX
3        coordinator, campus law enforcement or security, local
4        law enforcement, and the community-based sexual
5        assault crisis center.
6            (B) The name, title, and contact information for
7        confidential advisors and other confidential resources
8        and a description of what confidential reporting
9        means.
10            (C) Information regarding the various individuals,
11        departments, or organizations to whom a student may
12        report a violation of the comprehensive policy,
13        specifying for each individual and entity (i) the
14        extent of the individual's or entity's reporting
15        obligation, (ii) the extent of the individual's or
16        entity's ability to protect the student's privacy, and
17        (iii) the extent of the individual's or entity's
18        ability to have confidential communications with the
19        student.
20            (D) An option for students to electronically
21        report.
22            (E) An option for students to anonymously report.
23            (F) An option for students to confidentially
24        report.
25            (G) An option for reports by third parties and
26        bystanders.

 

 

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1        (3) The higher education institution's procedure for
2    responding to a report of an alleged incident of sexual
3    violence, domestic violence, dating violence, or stalking,
4    including without limitation (i) assisting and
5    interviewing the survivor, (ii) identifying and locating
6    witnesses, (iii) contacting and interviewing the
7    respondent, (iv) contacting and cooperating with law
8    enforcement, when applicable, and (v) providing
9    information regarding the importance of preserving
10    physical evidence of the sexual violence and the
11    availability of a medical forensic examination at no charge
12    to the survivor.
13        (4) A statement of the higher education institution's
14    obligation to provide survivors with concise information,
15    written in plain language, concerning the survivor's
16    rights and options, upon receiving a report of an alleged
17    violation of the comprehensive policy, as described in
18    Section 15 of this Act.
19        (5) The name, address, and telephone number of the
20    medical facility nearest to each campus of the higher
21    education institution where a survivor may have a medical
22    forensic examination completed at no cost to the survivor,
23    pursuant to the Sexual Assault Survivors Emergency
24    Treatment Act.
25        (6) The name, telephone number, address, and website
26    URL, if available, of community-based, State, and national

 

 

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1    sexual assault crisis centers.
2        (7) A statement notifying survivors of the interim
3    protective measures and accommodations reasonably
4    available from the higher education institution that a
5    survivor may request in response to an alleged violation of
6    the comprehensive policy, including without limitation
7    changes to academic, living, dining, transportation, and
8    working situations, obtaining and enforcing campus no
9    contact orders, and honoring an order of protection or no
10    contact order entered by a State civil or criminal court.
11        (8) The higher education institution's complaint
12    resolution procedures if a student alleges violation of the
13    comprehensive violence policy, including, at a minimum,
14    the guidelines set forth in Section 25 of this Act.
15        (9) A statement of the range of sanctions the higher
16    education institution may impose following the
17    implementation of its complaint resolution procedures in
18    response to an alleged violation of the comprehensive
19    policy.
20        (10) A statement of the higher education institution's
21    obligation to include an amnesty provision that provides
22    immunity to any student who reports, in good faith, an
23    alleged violation of the higher education institution's
24    comprehensive policy to a responsible employee, as defined
25    by federal law, so that the reporting student will not
26    receive a disciplinary sanction by the institution for a

 

 

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1    student conduct violation, such as underage drinking, that
2    is revealed in the course of such a report, unless the
3    institution determines that the violation was egregious,
4    including without limitation an action that places the
5    health or safety of any other person at risk.
6        (11) A statement of the higher education institution's
7    prohibition on retaliation against those who, in good
8    faith, report or disclose an alleged violation of the
9    comprehensive policy, file a complaint, or otherwise
10    participate in the complaint resolution procedure and
11    available sanctions for individuals who engage in
12    retaliatory conduct.
 
13    Section 15. Student notification of rights and options.
14    (a) On or before August 1, 2016, upon being notified of an
15alleged violation of the comprehensive policy by or on behalf
16of a student, each higher education institution shall, at a
17minimum, provide the survivor, when identified, with a concise
18notification, written in plain language, of the survivor's
19rights and options, including without limitation:
20        (1) the survivor's right to report or not report the
21    alleged incident to the higher education institution, law
22    enforcement, or both, including information about the
23    survivor's right to privacy and which reporting methods are
24    confidential;
25        (2) the contact information for the higher education

 

 

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1    institution's Title IX coordinator or coordinators,
2    confidential advisors, a community-based sexual assault
3    crisis center, campus law enforcement, and local law
4    enforcement;
5        (3) the survivor's right to request and receive
6    assistance from campus authorities in notifying law
7    enforcement;
8        (4) the survivor's ability to request interim
9    protective measures and accommodations for survivors,
10    including without limitation changes to academic, living,
11    dining, working, and transportation situations, obtaining
12    and enforcing a campus-issued order of protection or no
13    contact order, if such protective measures and
14    accommodations are reasonably available, and an order of
15    protection or no contact order in State court;
16        (5) the higher education institution's ability to
17    provide assistance, upon the survivor's request, in
18    accessing and navigating campus and local health and mental
19    health services, counseling, and advocacy services; and
20        (6) a summary of the higher education institution's
21    complaint resolution procedures, under Section 25 of this
22    Act, if the survivor reports a violation of the
23    comprehensive policy.
24    (b) Within 12 hours after receiving an electronic report,
25the higher education institution shall respond to the
26electronic reporter and, at a minimum, provide the information

 

 

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1described in subdivisions (1) through (6) of subsection (a) of
2this Section and a list of available resources. The higher
3education institution may choose the manner in which it
4responds including, but not limited to, through verbal or
5electronic communication. Nothing in this subsection (b)
6limits a higher education institution's obligations under
7subsection (a) of this Section.
 
8    Section 20. Confidential advisor.
9    (a) Each higher education institution shall provide
10students with access to confidential advisors to provide
11emergency and ongoing support to survivors of sexual violence.
12    (b) The confidential advisors may not be individuals on
13campus who are designated as responsible employees under Title
14IX of the federal Education Amendments of 1972. Nothing in this
15Section precludes a higher education institution from
16partnering with a community-based sexual assault crisis center
17to provide confidential advisors.
18    (c) All confidential advisors shall receive 40 hours of
19training on sexual violence, if they have not already completed
20this 40-hour training, before being designated a confidential
21advisor and shall attend a minimum of 6 hours of ongoing
22education training annually on issues related to sexual
23violence to remain a confidential advisor. Confidential
24advisors shall also receive periodic training on the campus
25administrative processes, interim protective measures and

 

 

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1accommodations, and complaint resolution procedures.
2    (d) In the course of working with a survivor, each
3confidential advisor shall, at a minimum, do all of the
4following:
5        (1) Inform the survivor of the survivor's choice of
6    possible next steps regarding the survivor's reporting
7    options and possible outcomes, including without
8    limitation reporting pursuant to the higher education
9    institution's comprehensive policy and notifying local law
10    enforcement.
11        (2) Notify the survivor of resources and services for
12    survivors of sexual violence, including, but not limited
13    to, student services available on campus and through
14    community-based resources, including without limitation
15    sexual assault crisis centers, medical treatment
16    facilities, counseling services, legal resources, medical
17    forensic services, and mental health services.
18        (3) Inform the survivor of the survivor's rights and
19    the higher education institution's responsibilities
20    regarding orders of protection, no contact orders, or
21    similar lawful orders issued by the higher education
22    institution or a criminal or civil court.
23        (4) Provide confidential services to and have
24    privileged, confidential communications with survivors of
25    sexual violence in accordance with Section 8-804 of the
26    Code of Civil Procedure.

 

 

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1        (5) Upon the survivor's request and as appropriate,
2    liaise with campus officials, community-based sexual
3    assault crisis centers, or local law enforcement and, if
4    requested, assist the survivor with contacting and
5    reporting to campus officials, campus law enforcement, or
6    local law enforcement.
7        (6) Upon the survivor's request, liaise with the
8    necessary campus authorities to secure interim protective
9    measures and accommodations for the survivor.
 
10    Section 25. Complaint resolution procedures.
11    (a) On or before August 1, 2016, each campus of a higher
12education institution shall adopt one procedure to resolve
13complaints of alleged student violations of the comprehensive
14policy.
15    (b) For each campus, a higher education institution's
16complaint resolution procedures for allegations of student
17violation of the comprehensive policy shall provide, at a
18minimum, all of the following:
19        (1) Complainants alleging student violation of the
20    comprehensive policy shall have the opportunity to request
21    that the complaint resolution procedure begin promptly and
22    proceed in a timely manner.
23        (2) The higher education institution shall determine
24    the individuals who will resolve complaints of alleged
25    student violations of the comprehensive policy.

 

 

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1        (3) All individuals whose duties include resolution of
2    complaints of student violations of the comprehensive
3    policy shall receive a minimum of 8 to 10 hours of annual
4    training on issues related to sexual violence, domestic
5    violence, dating violence, and stalking and how to conduct
6    the higher education institution's complaint resolution
7    procedures, in addition to the annual training required for
8    employees as provided in subsection (c) of Section 30 of
9    this Act.
10        (4) The higher education institution shall have a
11    sufficient number of individuals trained to resolve
12    complaints so that (i) a substitution can occur in the case
13    of a conflict of interest or recusal and (ii) an individual
14    or individuals with no prior involvement in the initial
15    determination or finding hear any appeal brought by a
16    party.
17        (5) The individual or individuals resolving a
18    complaint shall use a preponderance of the evidence
19    standard to determine whether the alleged violation of the
20    comprehensive policy occurred.
21        (6) The complainant and respondent shall (i) receive
22    notice of the individual or individuals with authority to
23    make a finding or impose a sanction in their proceeding
24    before the individual or individuals initiate contact with
25    either party and (ii) have the opportunity to request a
26    substitution if the participation of an individual with

 

 

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1    authority to make a finding or impose a sanction poses a
2    conflict of interest.
3        (7) The higher education institution shall have a
4    procedure to determine interim protective measures and
5    accommodations available pending the resolution of the
6    complaint.
7        (8) Any proceeding, meeting, or hearing held to resolve
8    complaints of alleged student violations of the
9    comprehensive policy shall protect the privacy of the
10    participating parties and witnesses.
11        (9) The complainant, regardless of this person's level
12    of involvement in the complaint resolution procedure, and
13    the respondent shall have the opportunity to provide or
14    present evidence and witnesses on their behalf during the
15    complaint resolution procedure.
16        (10) The complainant and the respondent may not
17    directly cross examine one another, but may, at the
18    discretion and direction of the individual or individuals
19    resolving the complaint, suggest questions to be posed by
20    the individual or individuals resolving the complaint and
21    respond to the other party.
22        (11) Both parties may request and must be allowed to
23    have an advisor of their choice accompany them to any
24    meeting or proceeding related to an alleged violation of
25    the comprehensive policy, provided that the involvement of
26    the advisor does not result in undue delay of the meeting

 

 

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1    or proceeding. The advisor must comply with any rules in
2    the higher education institution's complaint resolution
3    procedure regarding the advisor's role. If the advisor
4    violates the rules or engages in behavior or advocacy that
5    harasses, abuses, or intimidates either party, a witness,
6    or an individual resolving the complaint, that advisor may
7    be prohibited from further participation.
8        (12) The complainant and the respondent may not be
9    compelled to testify, if the complaint resolution
10    procedure involves a hearing, in the presence of the other
11    party. If a party invokes this right, the higher education
12    institution shall provide a procedure by which each party
13    can, at a minimum, hear the other party's testimony.
14        (13) The complainant and the respondent are entitled to
15    simultaneous, written notification of the results of the
16    complaint resolution procedure, including information
17    regarding appeal rights, within 7 days of a decision or
18    sooner if required by State or federal law.
19        (14) The complainant and the respondent shall, at a
20    minimum, have the right to timely appeal the complaint
21    resolution procedure's findings or imposed sanctions if
22    the party alleges (i) a procedural error occurred, (ii) new
23    information exists that would substantially change the
24    outcome of the finding, or (iii) the sanction is
25    disproportionate with the violation. The individual or
26    individuals reviewing the findings or imposed sanctions

 

 

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1    shall not have participated previously in the complaint
2    resolution procedure 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 necessary to resolve the complaint or to
11    implement interim protective measures and accommodations
12    or when provided by State or federal law.
 
13    Section 30. Campus training, education, and awareness.
14    (a) On or before August 1, 2016, a higher education
15institution shall prominently publish, timely update, and have
16easily available on its Internet website all of the following
17information:
18        (1) The higher education institution's comprehensive
19    policy, as well as options and resources available to
20    survivors.
21        (2) The higher education institution's student
22    notification of rights and options described in Section 15
23    of this Act.
24        (3) The name and contact information for all of the
25    higher education institution's Title IX coordinators.

 

 

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

 

 

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

 

 

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1domestic violence, dating violence, or stalking, (ii) the
2referral or provision of services to a survivor, or (iii) any
3campus complaint resolution procedure that results from an
4alleged incident of sexual violence, domestic violence, dating
5violence, or stalking. Employees falling under this
6description include without limitation the Title IX
7coordinator, members of the higher education institution's
8campus law enforcement, and campus security. An enrolled
9student at or a contracted service provider of the higher
10education institution with the employee responsibilities
11outlined in clauses (i) through (iii) of this paragraph shall
12also receive annual survivor-centered and trauma-informed
13response training.
14    The higher education institution shall design the training
15to improve the trainee's ability to understand (i) the higher
16education institution's comprehensive policy; (ii) the
17relevant federal and State law concerning survivors of sexual
18violence, domestic violence, dating violence, and stalking at
19higher education institutions; (iii) the roles of the higher
20education institution, medical providers, law enforcement, and
21community agencies in ensuring a coordinated response to a
22reported incident of sexual violence; (iv) the effects of
23trauma on a survivor; (v) the types of conduct that constitute
24sexual violence, domestic violence, dating violence, and
25stalking, including same-sex violence; and (vi) consent and the
26role drugs and alcohol use can have on the ability to consent.

 

 

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1The training shall also seek to improve the trainee's ability
2to respond with cultural sensitivity; provide services to or
3assist in locating services for a survivor, as appropriate; and
4communicate sensitively and compassionately with a survivor of
5sexual violence, domestic violence, dating violence, or
6stalking.
 
7    Section 75. The Campus Security Enhancement Act of 2008 is
8amended by changing Section 10 as follows:
 
9    (110 ILCS 12/10)
10    Sec. 10. Task Community task force.
11    (a) In this Section:
12    "Higher education institution" means a public university,
13a public community college, or an independent, not-for-profit
14or for-profit higher education institution located in this
15State.
16    "Sexual violence" means physical sexual acts attempted or
17perpetrated against a person's will or when a person is
18incapable of giving consent, including without limitation
19rape, sexual assault, sexual battery, sexual abuse, and sexual
20coercion.
21    (b) Each public institution of higher education
22institution shall either establish their own campus-wide task
23force or participate in a regional task force, as set out in
24this Section, on or before August 1, 2016. The task forces

 

 

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1shall be composed of representatives of campus staff, campus
2students, community-based organizations, and law enforcement.
3The task forces shall work toward improving coordination
4between by December 1, 1996, a community task force for the
5purpose of coordinating with community leaders and service
6providers to prevent sexual violence, domestic violence,
7dating violence, and stalking assaults and to ensure a
8coordinated response both in terms of law enforcement and
9victim services.
10        (1) The participants of the campus-wide task force
11    shall consist of individuals, including campus staff,
12    faculty, and students, selected by the president or
13    chancellor of each higher education institution or the
14    president's or chancellor's designee, which must include
15    various stakeholders on the issue of sexual violence,
16    domestic violence, dating violence, and stalking.
17        The president or chancellor of each higher education
18    institution or the president's or chancellor's designee
19    shall invite each of the following entities to identify an
20    individual to serve on the campus-wide task force:
21            (A) a community-based sexual assault crisis
22        center;
23            (B) a community-based domestic violence agency;
24            (C) local law enforcement; and
25            (D) the local State's Attorney's office.
26        Each higher education institution may make available

 

 

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1    to members of the campus-wide task force training on (i)
2    the awareness and prevention of sexual violence, domestic
3    violence, dating violence, and stalking and communicating
4    with and providing assistance to a student survivor of
5    sexual violence, domestic violence, dating violence, and
6    stalking; (ii) the higher education institution's
7    comprehensive policy concerning sexual violence, domestic
8    violence, dating violence, and stalking; (iii) the
9    provisions of federal and State law concerning survivors of
10    sexual violence, domestic violence, dating violence, and
11    stalking at higher education institutions; (iv)
12    survivor-centered responses and the role of
13    community-based advocates; (v) the role and functions of
14    each member on such campus-wide task force for the purpose
15    of ensuring a coordinated response to reported incidences
16    of sexual violence, domestic violence, dating violence,
17    and stalking; and (vi) trauma-informed responses to sexual
18    violence, domestic violence, dating violence, and
19    stalking.
20        The campus-wide task force shall meet at least 2 times
21    per calendar year for the purpose of discussing and
22    improving upon the following areas:
23            (I) best practices as they relate to prevention,
24        awareness, education, and response to sexual violence,
25        domestic violence, dating violence, and stalking;
26            (II) the higher education institution's

 

 

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

 

 

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1        organizations, and law enforcement, including without
2        limitation discussing memoranda of understanding,
3        protocols, or other practices for cooperation.
4(Source: P.A. 88-629, eff. 9-9-94.)
 
5    Section 80. The Board of Higher Education Act is amended by
6changing Section 9.21 as follows:
 
7    (110 ILCS 205/9.21)  (from Ch. 144, par. 189.21)
8    Sec. 9.21. Human Relations.
9    (a) The Board shall monitor, budget, evaluate, and report
10to the General Assembly in accordance with Section 9.16 of this
11Act on programs to improve human relations to include race,
12ethnicity, gender and other issues related to improving human
13relations. The programs shall at least:
14        (1) require each public institution of higher
15    education to include, in the general education
16    requirements for obtaining a degree, coursework on
17    improving human relations to include race, ethnicity,
18    gender and other issues related to improving human
19    relations to address racism and sexual harassment on their
20    campuses, through existing courses;
21        (2) require each public institution of higher
22    education to report annually monthly to the Department of
23    Human Rights and the Attorney General on each adjudicated
24    case in which a finding of racial, ethnic or religious

 

 

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

 

 

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

 

 

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

 

 

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1    Sec. 8-804. Confidential advisor.
2    (a) This Section is intended to protect students at higher
3education institutions in this State who are survivors of
4sexual violence from public disclosure of communications they
5make in confidence to confidential advisors. Because of the
6fear, stigma, and trauma that often result from incidents of
7sexual violence, many survivors hesitate to report or seek
8help, even when it is available at no cost to them. As a
9result, they not only fail to receive needed medical care and
10emergency counseling, but may lack the psychological support
11necessary to report the incident of sexual violence to the
12higher education institution or law enforcement.
13    (b) In this Section:
14    "Confidential advisor" means a person who is employed or
15contracted by a higher education institution to provide
16emergency and ongoing support to survivors of sexual violence
17with the training, duties, and responsibilities described in
18Section 20 of the Preventing Sexual Violence in Higher
19Education Act.
20    "Higher education institution" means a public university,
21a public community college, or an independent, not-for-profit
22or for-profit higher education institution located in this
23State.
24    "Sexual violence" means physical sexual acts attempted or
25perpetrated against a person's will or when a person is
26incapable of giving consent, including without limitation

 

 

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1rape, sexual assault, sexual battery, sexual abuse, and sexual
2coercion.
3    "Survivor" means a student who has experienced sexual
4violence while enrolled at a higher education institution.
5    (c) All communications between a confidential advisor and a
6survivor pertaining to an incident of sexual violence shall
7remain confidential, unless the survivor consents to the
8disclosure of the communication in writing, the disclosure
9falls within one of the exceptions outlined in subsection (d)
10of this Section, or failure to disclose the communication would
11violate State or federal law. Communications include all
12records kept by the confidential advisor in the course of
13providing the survivor with services related to the incident of
14sexual violence.
15    (d) The confidential advisor may disclose confidential
16communications between the confidential advisor and the
17survivor if failure to disclose would result in a clear,
18imminent risk of serious physical injury to or death of the
19survivor or another person.
20    The confidential advisor shall have no obligation to report
21crimes to the higher education institution or law enforcement,
22except to report to the Title IX coordinator, as defined by
23Title IX of the federal Education Amendments of 1972, on a
24monthly basis the number and type of incidents of sexual
25violence reported exclusively to the confidential advisor in
26accordance with the higher education institution's reporting

 

 

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1requirements under subsection (b) of Section 9.21 of the Board
2of Higher Education Act and under federal law.
3    If, in any judicial proceeding, a party alleges that the
4communications are necessary to the determination of any issue
5before the court and written consent to disclosure has not been
6given, the party may ask the court to consider ordering the
7disclosure of the communications. In such a case,
8communications may be disclosed if the court finds, after in
9camera examination of the communication, that the
10communication is relevant, probative, and not unduly
11prejudicial or inflammatory or is otherwise clearly
12admissible; that other evidence is demonstrably unsatisfactory
13as evidence of the facts sought to be established by the
14communication or communications; and that disclosure is more
15important to the interests of substantial justice than
16protection from injury to the confidential advisor-survivor
17relationship, to the survivor, or to any other individual whom
18disclosure is likely to harm.
19    (e) This privilege shall not preclude an individual from
20asserting a greater privilege under federal or State law that
21applies.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.