Illinois General Assembly - Full Text of Public Act 099-0741
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Public Act 099-0741





Public Act 099-0741
SB2839 EnrolledLRB099 18919 MLM 43307 b

    AN ACT concerning education.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Preventing Sexual Violence in Higher
Education Act is amended by changing Section 10 as follows:
    (110 ILCS 155/10)
    Sec. 10. Comprehensive policy. On or before August 1, 2016,
all higher education institutions shall adopt a comprehensive
policy concerning sexual violence, domestic violence, dating
violence, and stalking consistent with governing federal and
State law. The higher education institution's comprehensive
policy shall include, at a minimum, all of the following
        (1) A definition of consent that, at a minimum,
    recognizes that (i) consent is a freely given agreement to
    sexual activity, (ii) a person's lack of verbal or physical
    resistance or submission resulting from the use or threat
    of force does not constitute consent, (iii) a person's
    manner of dress does not constitute consent, (iv) a
    person's consent to past sexual activity does not
    constitute consent to future sexual activity, (v) a
    person's consent to engage in sexual activity with one
    person does not constitute consent to engage in sexual
    activity with another, (vi) a person can withdraw consent
    at any time, and (vii) a person cannot consent to sexual
    activity if that person is unable to understand the nature
    of the activity or give knowing consent due to
    circumstances, including without limitation the following:
            (A) the person is incapacitated due to the use or
        influence of alcohol or drugs;
            (B) the person is asleep or unconscious;
            (C) the person is under age; or
            (D) the person is incapacitated due to a mental
        Nothing in this Section prevents a higher education
    institution from defining consent in a more demanding
        (2) Procedures that students of the higher education
    institution may follow if they choose to report an alleged
    violation of the comprehensive policy, regardless of where
    the incident of sexual violence, domestic violence, dating
    violence, or stalking occurred, including all of the
            (A) Name and contact information for the Title IX
        coordinator, campus law enforcement or security, local
        law enforcement, and the community-based sexual
        assault crisis center.
            (B) The name, title, and contact information for
        confidential advisors and other confidential resources
        and a description of what confidential reporting
            (C) Information regarding the various individuals,
        departments, or organizations to whom a student may
        report a violation of the comprehensive policy,
        specifying for each individual and entity (i) the
        extent of the individual's or entity's reporting
        obligation, (ii) the extent of the individual's or
        entity's ability to protect the student's privacy, and
        (iii) the extent of the individual's or entity's
        ability to have confidential communications with the
            (D) An option for students to electronically
            (E) An option for students to anonymously report.
            (F) An option for students to confidentially
            (G) An option for reports by third parties and
        (3) The higher education institution's procedure for
    responding to a report of an alleged incident of sexual
    violence, domestic violence, dating violence, or stalking,
    including without limitation (i) assisting and
    interviewing the survivor, (ii) identifying and locating
    witnesses, (iii) contacting and interviewing the
    respondent, (iv) contacting and cooperating with law
    enforcement, when applicable, and (v) providing
    information regarding the importance of preserving
    physical evidence of the sexual violence and the
    availability of a medical forensic examination at no charge
    to the survivor.
        (4) A statement of the higher education institution's
    obligation to provide survivors with concise information,
    written in plain language, concerning the survivor's
    rights and options, upon receiving a report of an alleged
    violation of the comprehensive policy, as described in
    Section 15 of this Act.
        (5) The name, address, and telephone number of the
    medical facility nearest to each campus of the higher
    education institution where a survivor may have a medical
    forensic examination completed at no cost to the survivor,
    pursuant to the Sexual Assault Survivors Emergency
    Treatment Act.
        (6) The name, telephone number, address, and website
    URL, if available, of community-based, State, and national
    sexual assault crisis centers.
        (7) A statement notifying survivors of the interim
    protective measures and accommodations reasonably
    available from the higher education institution that a
    survivor may request in response to an alleged violation of
    the comprehensive policy, including without limitation
    changes to academic, living, dining, transportation, and
    working situations, obtaining and enforcing campus no
    contact orders, and honoring an order of protection or no
    contact order entered by a State civil or criminal court.
        (8) The higher education institution's complaint
    resolution procedures if a student alleges violation of the
    comprehensive violence policy, including, at a minimum,
    the guidelines set forth in Section 25 of this Act.
        (9) A statement of the range of sanctions the higher
    education institution may impose following the
    implementation of its complaint resolution procedures in
    response to an alleged violation of the comprehensive
    policy. Sanctions may include, but are not limited to,
    suspension, expulsion, or removal of the student found,
    after complaint resolution procedures, to be in violation
    of the comprehensive policy of the higher education
        (10) A statement of the higher education institution's
    obligation to include an amnesty provision that provides
    immunity to any student who reports, in good faith, an
    alleged violation of the higher education institution's
    comprehensive policy to a responsible employee, as defined
    by federal law, so that the reporting student will not
    receive a disciplinary sanction by the institution for a
    student conduct violation, such as underage drinking, that
    is revealed in the course of such a report, unless the
    institution determines that the violation was egregious,
    including without limitation an action that places the
    health or safety of any other person at risk.
        (11) A statement of the higher education institution's
    prohibition on retaliation against those who, in good
    faith, report or disclose an alleged violation of the
    comprehensive policy, file a complaint, or otherwise
    participate in the complaint resolution procedure and
    available sanctions for individuals who engage in
    retaliatory conduct.
(Source: P.A. 99-426, eff. 8-21-15.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/5/2016