Illinois General Assembly - Full Text of SB2839
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Full Text of SB2839  99th General Assembly


Sen. Ira I. Silverstein

Filed: 4/11/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2839 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Preventing Sexual Violence in Higher
5Education Act is amended by changing Section 10 as follows:
6    (110 ILCS 155/10)
7    Sec. 10. Comprehensive policy. On or before August 1, 2016,
8all higher education institutions shall adopt a comprehensive
9policy concerning sexual violence, domestic violence, dating
10violence, and stalking consistent with governing federal and
11State law. The higher education institution's comprehensive
12policy shall include, at a minimum, all of the following
14        (1) A definition of consent that, at a minimum,
15    recognizes that (i) consent is a freely given agreement to
16    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. Sanctions may include, but are not limited to,
20    suspension, expulsion, or removal of the student found,
21    after complaint resolution procedures, to be in violation
22    of the comprehensive policy of the higher education
23    institution.
24        (10) A statement of the higher education institution's
25    obligation to include an amnesty provision that provides
26    immunity to any student who reports, in good faith, an



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1    alleged violation of the higher education institution's
2    comprehensive policy to a responsible employee, as defined
3    by federal law, so that the reporting student will not
4    receive a disciplinary sanction by the institution for a
5    student conduct violation, such as underage drinking, that
6    is revealed in the course of such a report, unless the
7    institution determines that the violation was egregious,
8    including without limitation an action that places the
9    health or safety of any other person at risk.
10        (11) A statement of the higher education institution's
11    prohibition on retaliation against those who, in good
12    faith, report or disclose an alleged violation of the
13    comprehensive policy, file a complaint, or otherwise
14    participate in the complaint resolution procedure and
15    available sanctions for individuals who engage in
16    retaliatory conduct.
17(Source: P.A. 99-426, eff. 8-21-15.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".