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Full Text of HB0821  99th General Assembly

HB0821ham002 99TH GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 4/14/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 821

2    AMENDMENT NO. ______. Amend House Bill 821 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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1incapable of giving consent, including without limitation
2rape, sexual assault, sexual battery, sexual abuse, and sexual
3coercion.
4    "Survivor" means a student who has experienced sexual
5violence, domestic violence, dating violence, or stalking
6while enrolled at a higher education institution.
7    "Trauma-informed response" means a response involving an
8understanding of the complexities of sexual violence through
9training centered on the neurobiological impact of trauma, the
10influence of societal myths and stereotypes surrounding sexual
11violence, understanding the behavior of perpetrators, and
12conducting an effective investigation.
13    "Victim-centered" means a systematic focus on the needs and
14concerns of a victim of sexual violence that (i) ensures the
15compassionate and sensitive delivery of services in a
16nonjudgmental manner; (ii) ensures an understanding of how
17trauma affects victim behavior; (iii) maintains victim safety,
18privacy, and, if possible, confidentiality; and (iv)
19recognizes that a victim is not responsible for the sexual
20violence.
 
21    Section 10. Comprehensive policy. On or before August 1,
222016, all higher education institutions shall adopt a
23comprehensive policy concerning sexual violence, domestic
24violence, dating violence, and stalking consistent with
25governing federal and State law. The higher education

 

 

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1institution's comprehensive policy shall include, at a
2minimum, all of the following components:
3        (1) A definition of consent that, at a minimum,
4    recognizes that (i) consent is a freely given agreement to
5    sexual activity, (ii) a person's lack of verbal or physical
6    resistance or submission resulting from the use or threat
7    of force does not constitute consent, (iii) a person's
8    manner of dress does not constitute consent, (iv) a
9    person's consent to past sexual activity does not
10    constitute consent to future sexual activity, (v) a
11    person's consent to engage in sexual activity with one
12    person does not constitute consent to engage in sexual
13    activity with another, (vi) a person can withdraw consent
14    at any time, and (vii) a person cannot consent to sexual
15    activity if he or she is unable to understand the nature of
16    the activity or give knowing consent due to circumstances,
17    including without limitation the following:
18            (A) the person is incapacitated due to the use or
19        influence of alcohol or drugs;
20            (B) the person is asleep or unconscious;
21            (C) the person is under age; or
22            (D) the person has a mental disability.
23        Nothing in this Section prevents a higher education
24    institution from defining consent in a manner that is more
25    demanding.
26        (2) Procedures that students of the higher education

 

 

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

 

 

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1            (G) An option for reports by third parties and
2        bystanders.
3        (3) The higher education institution's procedure for
4    responding to a report of an incident, including without
5    limitation (i) assisting and interviewing the survivor,
6    (ii) identifying and locating witnesses, (iii) contacting
7    and interviewing the respondent, (iv) contacting and
8    cooperating with law enforcement, when applicable, and (v)
9    providing information regarding the importance of
10    preserving 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 notice of a violation of
17    the comprehensive policy, as described in Section 15 of
18    this Act.
19        (5) The name, address, and telephone number of the
20    nearest medical facility where a survivor may have a
21    medical forensic examination completed at no cost to the
22    survivor.
23        (6) The name, telephone number, address, and website
24    URL, if available, of local, State, and national rape or
25    sexual assault crisis centers.
26        (7) A statement notifying survivors of immediate steps

 

 

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1    and interim remedies reasonably available from the higher
2    education institution, including without limitation
3    obtaining and enforcing a no contact order or protective
4    order and changing academic schedules, living
5    arrangements, campus transportation, or work placement or
6    schedules in response to a violation of the comprehensive
7    policy.
8        (8) The higher education institution's complaint
9    resolution procedures if a student alleges violation of the
10    comprehensive violence policy, including, at a minimum,
11    the guidelines set forth in Section 25 of this Act.
12        (9) A statement of the range of sanctions the higher
13    education institution may impose following the
14    implementation of its complaint resolution procedures in
15    response to a violation of the comprehensive policy.
16        (10) A statement of the higher education institution's
17    obligation to include an amnesty provision that provides
18    immunity to any student who reports, in good faith,
19    violation of the higher education institution's
20    comprehensive policy to a responsible employee, as defined
21    by federal law, so that he or she will not receive a
22    disciplinary sanction by the institution for a student
23    conduct violation, such as underage drinking, that is
24    revealed in the course of such a report, unless the
25    institution determines that the violation was egregious,
26    including without limitation an action that places the

 

 

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1    health or safety of any other person at risk.
2        (11) A statement of the higher education institution's
3    prohibition on retaliation against those who, in good
4    faith, report or disclose a violation of the comprehensive
5    policy, file a complaint, or otherwise participate in the
6    complaint resolution process and available sanctions for
7    individuals who engage in retaliatory conduct.
 
8    Section 15. Student notification of rights and options.
9    (a) On or before August 1, 2016, upon being notified of a
10violation of the comprehensive policy by or on behalf of a
11student, each higher education institution shall, at a minimum,
12provide the student survivor, when identified, with a concise
13notification, written in plain language, of the survivor's
14rights and options, including without limitation:
15        (1) the survivor's right to report or not report the
16    incident to the higher education institution, law
17    enforcement, or both, including information about the
18    survivor's right to privacy and which reporting methods are
19    confidential;
20        (2) the contact information for the higher education
21    institution's Title IX coordinator or coordinators,
22    confidential advisors, local rape crisis centers, campus
23    law enforcement, and local law enforcement;
24        (3) the survivor's right to request and receive
25    assistance from campus authorities in notifying law

 

 

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1    enforcement;
2        (4) the availability of interim remedies to survivors
3    of sexual violence, domestic violence, dating violence,
4    and stalking, including without limitation obtaining and
5    enforcing an order of protection or civil no contact order
6    on campus or in State court, changing housing, or changing
7    the class schedule;
8        (5) the higher education institution's ability to
9    provide assistance, upon the survivor's request, in
10    accessing and navigating campus and local health and mental
11    health services, counseling, and advocacy services; and
12        (6) a summary of the higher education institution's
13    complaint resolution procedures, under Section 25 of this
14    Act, if the student survivor reports a violation of the
15    comprehensive policy.
16    (b) Within 12 hours after receiving an electronic report,
17the higher education institution shall contact, electronically
18or otherwise, the individual who submitted the electronic
19report of sexual violence, domestic violence, dating violence,
20or stalking. The higher education institution shall provide the
21individual making the electronic report a copy of the concise,
22written notification of the student survivor's rights and
23options and a list of available resources as a part of the
24initial contact with the electronic reporter.
 
25    Section 20. Confidential advisor.

 

 

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1    (a) Each higher education institution shall provide
2students with access to confidential advisors to provide
3emergency and ongoing support to survivors of sexual violence.
4    (b) The confidential advisors may not be individuals on
5campus who are designated as responsible employees under Title
6IX of the federal Education Amendments of 1972. Nothing in this
7Section precludes a higher education institution from
8partnering with a sexual assault or rape crisis center to
9provide confidential advisors.
10    (c) All confidential advisors shall receive 40 hours of
11training on sexual violence before being designated a
12confidential advisor and shall attend a minimum of 6 hours of
13ongoing education training annually on issues related to sexual
14violence to remain a confidential advisor. Confidential
15advisors shall also receive periodic training on the campus
16administrative processes, interim measures, academic and other
17accommodations, and the Title IX complaint resolution
18procedures.
19    (d) In the course of working with a survivor, each
20confidential advisor shall, at a minimum, do all of the
21following:
22        (1) Inform the survivor of the survivor's choice of
23    possible next steps regarding the survivor's reporting
24    options and possible outcomes, including without
25    limitation reporting pursuant to the higher education
26    institution's comprehensive policy and notifying local law

 

 

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1    enforcement.
2        (2) Notify the survivor of resources and services for
3    student survivors of sexual violence, including, but not
4    limited to, student services available on campus and
5    through community-based resources, including without
6    limitation sexual assault or rape crisis centers, medical
7    treatment facilities, counseling services, legal options,
8    medical forensic services, and mental health services.
9        (3) Advise the survivor of the survivor's rights and
10    the higher education institution's responsibilities
11    regarding orders of protection, no contact orders, or
12    similar lawful orders issued by the higher education
13    institution or a criminal or civil court.
14        (4) Provide confidential services to and have
15    privileged, confidential communications with students in
16    accordance with Section 8-804 of the Code of Civil
17    Procedure.
18        (5) Upon the survivor's request and as appropriate,
19    liaise with campus officials, rape crisis centers, sexual
20    assault centers, or local law enforcement and, if
21    requested, assist the survivor with contacting and
22    reporting to campus officials, campus law enforcement, or
23    local law enforcement.
24        (6) Upon the survivor's request, liaise with the
25    necessary campus authorities to secure interim remedies
26    and accommodations for the survivor.
 

 

 

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1    Section 25. Complaint resolution guidelines.
2    (a) On or before August 1, 2016, each higher education
3institution shall adopt one procedure to resolve complaints of
4student violations of the comprehensive policy.
5    (b) A higher education institution's complaint resolution
6procedure for allegations of student violation of the
7comprehensive policy shall provide, at a minimum, all of the
8following:
9        (1) Complainants alleging student violation of the
10    comprehensive policy shall have the opportunity to request
11    that the complaint resolution process begin promptly and
12    proceed in a timely manner.
13        (2) The higher education institution shall determine
14    the individuals who will resolve complaints of student
15    violations of the comprehensive policy.
16        (3) All individuals whose duties include resolution of
17    complaints of student violations of the comprehensive
18    policy shall receive a minimum of 8 to 10 hours of annual
19    training on issues related to sexual violence, domestic
20    violence, dating violence, and stalking and how to conduct
21    the higher education institution's complaint resolution
22    process, in addition to the annual training required for
23    employees as provided in subsection (c) of Section 30 of
24    this Act.
25        (4) The higher education institution shall have a

 

 

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1    sufficient number of individuals trained to resolve
2    complaints so that (i) a substitution can occur in the case
3    of a conflict of interest or recusal and (ii) an individual
4    or individuals with no prior involvement in the initial
5    determination or finding hear any appeal brought by a
6    party.
7        (5) The individual or individuals resolving a
8    complaint shall use a preponderance of the evidence
9    standard to determine whether the alleged violation of the
10    comprehensive policy occurred.
11        (6) The complainant and respondent shall (i) receive
12    notice of the individual or individuals with
13    decision-making authority in their proceeding prior to
14    having any contact with the individual or individuals and
15    (ii) have the opportunity to request a substitution if the
16    participation of a decision maker poses a conflict of
17    interest.
18        (7) The higher education institution shall have a
19    process to determine interim actions and remedies
20    available pending the resolution of the complaint.
21        (8) Any proceeding, meeting, or hearing held to resolve
22    complaints of student violations of the comprehensive
23    policy shall protect the privacy of the participating
24    parties and witnesses.
25        (9) The complainant, regardless of his or her level of
26    involvement in the process, and the respondent shall have

 

 

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1    the opportunity to provide or present evidence and
2    witnesses on their behalf during the complaint resolution
3    process.
4        (10) The complainant and the respondent may not
5    directly cross examine one another, but may, at the
6    discretion and direction of the individual or individuals
7    resolving the complaint, suggest questions to be posed by
8    the individual or individuals resolving the complaint and
9    respond to the other party.
10        (11) Both parties may request to have an advisor of
11    their choice accompany them to any meeting or proceeding
12    related to a violation of the comprehensive policy,
13    provided that the involvement of the advisor does not
14    result in undue delay of the meeting or proceeding and that
15    the advisor participates in a respectful manner. If the
16    advisor engages in behavior or advocacy that harasses,
17    abuses, or intimidates either party, that advisor may be
18    prohibited from further participation.
19        (12) The complainant and the respondent may not be
20    compelled to testify, if the complaint resolution
21    procedure involves a hearing, in the presence of the other
22    party. If a party invokes this right, the higher education
23    institution shall provide a process by which the other
24    party can see and hear the other party's testimony.
25        (13) The complainant and the respondent are entitled to
26    simultaneous, written notification of the results of any

 

 

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

 

 

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1        (2) The higher education institution's student
2    notification of rights and options described in Section 15
3    of this Act.
4        (3) The name and contact information for all of the
5    higher education institution's Title IX coordinators.
6        (4) An explanation of the role of (i) Title IX
7    coordinators, including deputy or assistant Title IX
8    coordinators, under Title IX of the federal Education
9    Amendments of 1972, (ii) responsible employees under Title
10    IX of the federal Education Amendments of 1972, (iii)
11    campus security authorities under the federal Jeanne Clery
12    Disclosure of Campus Security Policy and Campus Crime
13    Statistics Act, and (iv) mandated reporters under the
14    Abused and Neglected Child Reporting Act and the reporting
15    obligations of each, as well as the level of
16    confidentiality each is allowed to provide to reporting
17    students under relevant federal and State law.
18        (5) The name, title, and contact information for all
19    confidential advisors, counseling services, and
20    confidential resources that can provide a confidential
21    response to a report and a description of what confidential
22    reporting means.
23        (6) The telephone number and website URL for local,
24    State, and national hotlines providing information to
25    sexual violence survivors.
26    (b) Beginning with the 2016-2017 academic year, each higher

 

 

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1education institution shall provide sexual violence primary
2prevention and awareness programming for all students who
3attend one or more classes on campus, which shall include, at a
4minimum, annual training as described in this subsection (b).
5Nothing in this Section shall be construed to limit the higher
6education institution's ability to conduct additional ongoing
7sexual violence primary prevention and awareness programming.
8    The annual training shall ensure that each student who
9attends one or more classes on campus receives information
10regarding the higher education institution's comprehensive
11policy, including without limitation the following:
12        (1) the institution's definitions of consent,
13    inability to consent, and retaliation as they relate to
14    sexual violence;
15        (2) reporting to the higher education institution,
16    campus law enforcement, and local law enforcement;
17        (3) reporting to the confidential advisor or other
18    confidential resources;
19        (4) available survivor services; and
20        (5) strategies for bystander intervention and risk
21    reduction.
22    At the beginning of each academic year, each higher
23education institution shall provide each student, student
24group, team, and organization of the higher education
25institution with an electronic copy or hard copy of its
26comprehensive policy and related protocols.

 

 

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1    (c) Beginning in the 2016-2017 academic year, a higher
2education institution shall provide annual victim-centered and
3trauma-informed response training to any employee of the higher
4education institution who is involved in (i) the receipt of a
5student report of an alleged incident of sexual violence,
6domestic violence, dating violence, or stalking, (ii) the
7referral or provision of services to a survivor, or (iii) any
8campus complaint resolution proceedings that result from an
9alleged incident. Employees falling under this description
10include without limitation the Title IX coordinator, members of
11the higher education institution's campus law enforcement, and
12campus security. An enrolled student who is appointed to serve
13as a residence-life advisor and an employee or contracted
14service provider that provides campus security shall also
15receive annual victim-centered and trauma-informed response
16training.
17    The higher education institution shall design the training
18to improve the trainee's ability to understand (i) the higher
19education institution's comprehensive policy; (ii) the
20relevant federal and State law concerning survivors of sexual
21violence, domestic violence, dating violence, and stalking at
22higher education institutions; (iii) the roles of the
23institution, medical providers, law enforcement, and community
24agencies in ensuring a coordinated response to a reported
25incident of sexual violence; (iv) the effects of trauma on a
26survivor; (v) the types of conduct that constitute sexual

 

 

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1violence, domestic violence, dating violence, and stalking,
2including same-sex violence; and (vi) consent and the role
3drugs and alcohol use can have on the ability to consent. The
4training shall also seek to improve the trainee's ability to
5respond with cultural sensitivity; provide services to or
6assist in locating services for a survivor, as appropriate; and
7communicate sensitively and compassionately with a survivor of
8sexual violence, domestic violence, dating violence, or
9stalking.
 
10    Section 75. The Campus Security Enhancement Act of 2008 is
11amended by changing Section 10 as follows:
 
12    (110 ILCS 12/10)
13    Sec. 10. Task Community task force.
14    (a) In this Section:
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    (b) Each public institution of higher education

 

 

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1institution shall either establish their own campus-wide task
2force or participate in a regional task force, as set out in
3this Section, on or before August 1, 2016. The task forces
4shall be composed of representatives of campus staff, campus
5students, community-based organizations, and law enforcement.
6The task forces shall work toward improving coordination by
7December 1, 1996, a community task force for the purpose of
8coordinating with community leaders and service providers to
9prevent sexual violence, domestic violence, dating violence,
10and stalking assaults and to ensure a coordinated response both
11in terms of law enforcement and victim services.
12        (1) The participants of the campus-wide task force
13    shall consist of individuals, including campus staff,
14    faculty, and students, selected by the president or
15    chancellor of each higher education institution or the
16    president's or chancellor's designee, which must include
17    various stakeholders on the issue of sexual violence,
18    domestic violence, dating violence, and stalking.
19        The president or chancellor of each higher education
20    institution or the president's or chancellor's designee
21    shall invite each of the following entities to identify an
22    individual to serve on the campus-wide task force:
23            (A) a community-based sexual assault or rape
24        crisis service center;
25            (B) a community-based domestic violence agency;
26            (C) local law enforcement; and

 

 

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

 

 

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

 

 

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

 

 

09900HB0821ham002- 24 -LRB099 04641 NHT 33957 a

1    Human Rights and the Attorney General on each adjudicated
2    case in which a finding of racial, ethnic or religious
3    intimidation or sexual harassment made in a grievance,
4    affirmative action or other proceeding established by that
5    institution to investigate and determine allegations of
6    racial, ethnic or religious intimidation and sexual
7    harassment; and
8        (3) require each public institution of higher
9    education to forward to the local State's Attorney any
10    report received by campus security or by a university
11    police department alleging the commission of a hate crime
12    as defined under Section 12-7.1 of the Criminal Code of
13    2012.
14    (b) In this subsection (b):
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    On or before November 1, 2017 and on or before every
25November 1 thereafter, each higher education institution shall
26provide an annual report, concerning the immediately preceding

 

 

09900HB0821ham002- 25 -LRB099 04641 NHT 33957 a

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

 

 

09900HB0821ham002- 26 -LRB099 04641 NHT 33957 a

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

 

 

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1    (735 ILCS 5/8-804 new)
2    Sec. 8-804. Confidential advisor.
3    (a) This Section is intended to protect students at higher
4education institutions in this State who are survivors of
5sexual violence from public disclosure of statements they make
6in confidence to confidential advisors. Because of the fear,
7stigma, and trauma that often result from incidents of sexual
8violence, many survivors hesitate to report or seek help, even
9when it is available at no cost to them. As a result, they not
10only fail to receive needed medical care and emergency
11counseling, but may lack the psychological support necessary to
12report the incident of sexual violence to the higher education
13institution or law enforcement.
14    (b) In this Section:
15    "Confidential advisor" means a person who is employed or
16contracted by a higher education institution to provide
17emergency and ongoing support to student survivors of sexual
18violence with the training, duties, and responsibilities
19described in Section 20 of the Preventing Sexual Violence in
20Higher Education Act.
21    "Higher education institution" means a public university,
22a public community college, or an independent, not-for-profit
23or for-profit higher education institution located in this
24State.
25    "Sexual violence" means physical sexual acts attempted or

 

 

09900HB0821ham002- 28 -LRB099 04641 NHT 33957 a

1perpetrated against a person's will or when a person is
2incapable of giving consent, including without limitation
3rape, sexual assault, sexual battery, sexual abuse, and sexual
4coercion.
5    "Survivor" means a student who has experienced sexual
6violence, domestic violence, dating violence, or stalking
7while enrolled at a higher education institution.
8    (c) All communications between a confidential advisor and a
9student survivor pertaining to an incident of sexual violence
10shall remain confidential, unless the student survivor
11consents to the disclosure of the communication in writing, the
12disclosure falls within one of the exceptions outlined in
13subsection (d) of this Section, or failure to disclose the
14communication would violate State or federal law.
15Communications include all records kept by the confidential
16advisor in the course of providing the survivor with services
17related to the incident of sexual violence.
18    (d) The confidential advisor may disclose confidential
19communications between the confidential advisor and the
20survivor if failure to disclose would result in a clear,
21imminent risk of serious physical injury to or death of the
22survivor or another person.
23    The confidential advisor shall have no obligation to report
24crimes to the higher education institution or law enforcement,
25except to report to the Title IX coordinator, as defined by
26Title IX of the federal Education Amendments of 1972, on a

 

 

09900HB0821ham002- 29 -LRB099 04641 NHT 33957 a

1monthly basis the number and type of incidents of sexual
2violence reported exclusively to the confidential advisor in
3accordance with the higher education institution's reporting
4requirements under subsection (b) of Section 9.21 of the Board
5of Higher Education Act and under federal law.
6    If, in any judicial proceeding, a party alleges that the
7statements are necessary to the determination of any issue
8before the court and written consent to disclosure has not been
9given, the party may ask the court to consider ordering the
10disclosure of the statements. In such a case, statements may be
11disclosed if the court finds, after in camera examination of
12the statement, that it is relevant, probative, not unduly
13prejudicial or inflammatory, or otherwise clearly admissible;
14that other evidence is demonstrably unsatisfactory as evidence
15of the facts sought to be established by the statement or
16statements; and that disclosure is more important to the
17interests of substantial justice than protection from injury to
18the confidential advisor-survivor relationship, to the
19survivor, or any other individual whom disclosure is likely to
20harm.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".