Full Text of HB4253 103rd General Assembly
HB4253ham002 103RD GENERAL ASSEMBLY | Rep. Kam Buckner Filed: 4/2/2024 | | 10300HB4253ham002 | | LRB103 34781 RJT 71713 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4253
| 2 | | AMENDMENT NO. ______. Amend House Bill 4253, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Higher Education Violation Reporting Act. | 7 | | Section 5. Definitions. In this Act: | 8 | | "Employee" means a person who is receiving wages from an | 9 | | institution of higher education and is in a position with | 10 | | responsibility for overseeing the activities of a student | 11 | | organization or athletic team. "Employee" does not include a | 12 | | person employed as medical staff or with an affiliated | 13 | | organization, entity, or extension of an institution of higher | 14 | | education, unless the employee has a supervisory role or | 15 | | position of authority over students. "Employee" does not | 16 | | include confidential employees. |
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| 1 | | "Institution of higher education" means a public or | 2 | | private institution of higher education located in this State. | 3 | | "Reasonable cause" means a person who witnesses hazing or | 4 | | receives a credible written or oral report alleging hazing or | 5 | | potential or planned hazing activity. | 6 | | Section 10. Violation reporting. | 7 | | (a) Beginning with violations occurring during the | 8 | | 2024-2025 academic year, each institution of higher education | 9 | | shall maintain a report, pursuant to subsection (d), on the | 10 | | institution's website publicly reporting actual findings of | 11 | | violations by any of the institution's recognized student | 12 | | organizations or athletic teams of the institution's code of | 13 | | conduct or anti-hazing policy or State or federal laws | 14 | | relating to hazing. The report shall include all of the | 15 | | following: | 16 | | (1) The name of the student organization or athletic | 17 | | team, unless naming the student organization or athletic | 18 | | team would violate the federal Family Educational Rights | 19 | | and Privacy Act of 1974 or the Illinois School Student | 20 | | Records Act with regard to personally identifiable | 21 | | information, including indirect identifiers. | 22 | | (2) The date the investigation was initiated. | 23 | | (3) The date on which the investigation ended with a | 24 | | finding that a violation occurred. | 25 | | (4) The date the student organization, athletic team, |
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| 1 | | or living group was charged with a violation. | 2 | | (5) A description of the reported behavior, including | 3 | | the date of the violation, and the findings and sanction | 4 | | placed on the student organization or athletic team. | 5 | | (6) The details of the sanction imposed, including the | 6 | | beginning and end dates of the sanction. | 7 | | The report may not disclose details of matters that have | 8 | | been reported and are possibly being investigated of a sexual | 9 | | nature that would fall under federal Department of Education | 10 | | regulations against the express wishes of the complainant. | 11 | | (b) An investigation that does not result in a finding of a | 12 | | formal violation of the student code of conduct, anti-hazing | 13 | | policy, or State or federal law may not be included in the | 14 | | report under this Section. The report may not include any | 15 | | personal or identifying information of individual students and | 16 | | shall be subject to the requirements of the federal Family | 17 | | Educational Rights and Privacy Act of 1974 and the Illinois | 18 | | School Student Records Act. | 19 | | (c) The institution of higher education shall make the | 20 | | report under this Section available on its website in a | 21 | | location clearly labeled and easily accessible from the | 22 | | institution's website. | 23 | | (d) The institution of higher education shall maintain and | 24 | | update the information in the report for 5 years after that | 25 | | information was first included in the report and shall post | 26 | | the information in the report on its website within 45 days |
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| 1 | | after completion of the investigation and adjudication | 2 | | process. | 3 | | Section 15. Hazing prevention. | 4 | | (a) Beginning with the 2024-2025 academic year, an | 5 | | institution of higher education shall provide hazing | 6 | | prevention education on the signs and dangers of hazing, as | 7 | | well as the institution of higher education's prohibition on | 8 | | hazing, to employees, including student employees, either in | 9 | | person or electronically. The prevention education shall be | 10 | | provided to employees at the beginning of each academic year. | 11 | | In addition, the prevention education shall be provided to new | 12 | | employees at the beginning of the academic term after they are | 13 | | hired. | 14 | | (b) If, as a result of observations or information | 15 | | received in the course of employment, an employee, including a | 16 | | student employee, at an institution of higher education has | 17 | | reasonable cause to believe that hazing has occurred, the | 18 | | employee shall report the incident or cause a report to be made | 19 | | to a designated authority at the institution, as defined and | 20 | | published by the institution, at the first opportunity | 21 | | available. | 22 | | (c) A person who witnesses hazing or has reasonable cause | 23 | | to believe hazing has occurred or will occur and who makes a | 24 | | report to an institution of higher education in good faith and | 25 | | cooperates with any investigation may not be sanctioned or |
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| 1 | | punished by the institution for the hazing, unless the person | 2 | | was directly engaged in the planning, directing, or act of | 3 | | hazing that is being reported. | 4 | | (d) Nothing in this Section precludes a person from | 5 | | independently reporting hazing or suspected hazing activity to | 6 | | a law enforcement agency. | 7 | | Section 20. Employer responsibilities. | 8 | | (a) Beginning with the 2024-2025 academic year, an | 9 | | institution of higher education shall notify its employees | 10 | | that the employees are mandated reporters. | 11 | | (b) Beginning with the 2024-2025 academic year, an | 12 | | institution of higher education shall provide training to its | 13 | | employees on the responsibilities of a mandated reporter. | 14 | | Section 90. The Criminal Code of 2012 is amended by | 15 | | changing Section 12C-50 as follows: | 16 | | (720 ILCS 5/12C-50) | 17 | | Sec. 12C-50. Hazing. | 18 | | (a) A person commits hazing when he or she knowingly | 19 | | requires the performance of any act by a student or other | 20 | | person in a school, college, university, or other educational | 21 | | institution of this State , for the purpose of conferring, | 22 | | gaining, or maintaining acceptance, membership, office, or | 23 | | other status in induction or admission into any group, |
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| 1 | | organization, or society associated or connected with that | 2 | | institution, regardless of the student or other person's | 3 | | willingness to perform the act, if: | 4 | | (1) the act is neither not sanctioned or authorized by | 5 | | that educational institution nor is a customary athletic | 6 | | event ; and | 7 | | (2) the act either (i) subjects any person to a | 8 | | substantial risk of physical harm, mental harm, or | 9 | | degradation or (ii) causes any person to suffer physical | 10 | | harm, mental harm, or degradation results in bodily harm | 11 | | to any person . | 12 | | (b) Sentence. Hazing is a Class A misdemeanor, except that | 13 | | hazing that results in death or great bodily harm is a Class 4 | 14 | | felony. | 15 | | (Source: P.A. 97-1109, eff. 1-1-13.) | 16 | | Section 99. Effective date. This Act takes effect July 1, | 17 | | 2024.". |
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