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| | SB1610 Engrossed | | LRB102 16432 CMG 21823 b |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Preventing Sexual Violence in Higher |
| 5 | | Education Act is amended by adding Section 35 as follows: |
| 6 | | (110 ILCS 155/35 new) |
| 7 | | Sec. 35. Sexual misconduct climate survey. |
| 8 | | (a) As used in this Section: |
| 9 | | "Base survey" means a base set of common questions |
| 10 | | recommended by the Task Force on Campus Sexual Misconduct |
| 11 | | Climate Surveys and approved by the Executive Director of the |
| 12 | | Board of Higher Education. |
| 13 | | "Student" means a person who is enrolled in a public or |
| 14 | | private degree-granting, post-secondary higher education |
| 15 | | institution, whether part-time, full-time, or as an extension |
| 16 | | student, including any person who has taken a leave of absence |
| 17 | | or who has withdrawn from the higher education institution due |
| 18 | | to being a victim of sexual misconduct. |
| 19 | | "Trauma informed" means an understanding of the |
| 20 | | complexities of sexual violence, domestic violence, dating |
| 21 | | violence, or stalking through training centered on the |
| 22 | | neurobiological impact of trauma, the influence of societal |
| 23 | | myths and stereotypes surrounding sexual violence, domestic |
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| 1 | | violence, dating violence, or stalking, and understanding the |
| 2 | | behavior of perpetrators. |
| 3 | | (b) Each higher education institution shall annually |
| 4 | | conduct a sexual misconduct climate survey of all students at |
| 5 | | the institution. Each higher education institution's sexual |
| 6 | | misconduct climate survey shall include the base survey, which |
| 7 | | the Board of Higher Education shall provide to the institution |
| 8 | | every 2 years. Each institution may append its own |
| 9 | | campus-specific questions to the base survey if questions do |
| 10 | | not require the disclosure of any personally identifying |
| 11 | | information by the students and are trauma informed. The Board |
| 12 | | of Higher Education, in consultation with the Office of the |
| 13 | | Attorney General, as necessary, shall review any complaints |
| 14 | | submitted by students who believe that questions included in |
| 15 | | the campus sexual misconduct climate survey are traumatizing. |
| 16 | | Within 120 days after completion of a sexual misconduct |
| 17 | | climate survey, but no later than one year after the Board of |
| 18 | | Higher Education issued the last base survey, each institution |
| 19 | | shall compile a summary of the results of the sexual |
| 20 | | misconduct climate survey, including, but not limited to, the |
| 21 | | complete aggregated results for each base survey question, and |
| 22 | | shall submit the summary to the Board of Higher Education, as |
| 23 | | well as publish the summary on the institution's website in an |
| 24 | | easily accessible manner. |
| 25 | | (c) The Task Force on Campus Sexual Misconduct Climate |
| 26 | | Surveys is created. The Task Force shall consist of the |
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| 1 | | following members: |
| 2 | | (1) the Executive Director of the Board of Higher |
| 3 | | Education or a designee, who shall serve as chairperson; |
| 4 | | (2) the Governor or a designee; |
| 5 | | (3) the Attorney General or a designee; |
| 6 | | (4) the Director of Public Health or a designee; |
| 7 | | (5) the following members appointed by
the Governor: |
| 8 | | (A) one member who is a student attending a public |
| 9 | | higher education institution in Illinois; |
| 10 | | (B) one member who is a student attending a |
| 11 | | private higher education institution in Illinois; |
| 12 | | (C) one member who is a student attending a |
| 13 | | community college in Illinois; |
| 14 | | (D) one member who is a representative of the |
| 15 | | University of Illinois recommended by the president of |
| 16 | | the university; |
| 17 | | (E) one member who is a representative of the |
| 18 | | Illinois Community College Board; |
| 19 | | (F) one member who is a representative of private |
| 20 | | colleges and universities recommended by the |
| 21 | | Federation of Independent Illinois Colleges and |
| 22 | | Universities; |
| 23 | | (G) 3 members who are representatives of survivors |
| 24 | | of sexual assault recommended by the Illinois |
| 25 | | Coalition Against Sexual Assault, with one |
| 26 | | specifically representing survivors in rural |
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| 1 | | communities and one specifically representing |
| 2 | | survivors in urban communities; |
| 3 | | (H) one member who is a representative of a |
| 4 | | non-profit legal services organization that provides |
| 5 | | legal representation to victims of campus sexual |
| 6 | | assault in Illinois; |
| 7 | | (I) one member who is a representative recommended |
| 8 | | by the Illinois Coalition Against Domestic Violence; |
| 9 | | (J) one member who is a representative recommended |
| 10 | | by Equality Illinois; |
| 11 | | (K) one member who is a representative of an |
| 12 | | immigrant rights advocacy organization; |
| 13 | | (L) one member who is a representative recommended |
| 14 | | by the Every Voice Coalition or any successor |
| 15 | | organization of the Every Voice Coalition; |
| 16 | | (M) one member who is a researcher with experience |
| 17 | | in the development and design of sexual misconduct |
| 18 | | climate surveys; and |
| 19 | | (N) one member who is a researcher of statistics, |
| 20 | | data analytics, or econometrics with experience in |
| 21 | | higher education survey analysis. |
| 22 | | The Task Force shall hold its first meeting as soon as |
| 23 | | practicable after the effective date of this amendatory Act of |
| 24 | | the 102nd General Assembly. Administrative and other support |
| 25 | | for the Task Force shall be provided by the Board of Higher |
| 26 | | Education. Members of the Task Force shall serve 2-year terms |
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| 1 | | that commence on the date of appointment. Members shall |
| 2 | | continue to serve until their successors are appointed. Any |
| 3 | | vacancy shall be filled by the appointing authority. Any |
| 4 | | vacancy occurring other than by expiration of the term shall |
| 5 | | be filled for the balance of the unexpired term. A majority of |
| 6 | | the Task Force shall constitute a quorum for the transaction |
| 7 | | of any business. |
| 8 | | Members of the Task Force shall serve without compensation |
| 9 | | but shall be reimbursed for expenses necessarily incurred in |
| 10 | | the performance of their duties if funds are available. |
| 11 | | However, the higher education institution in which a student |
| 12 | | member is enrolled may compensate that student for |
| 13 | | participating on the Task Force through a work-study program |
| 14 | | or by providing a stipend to support the work of the student |
| 15 | | member on the Task Force. |
| 16 | | (d) The Task Force shall develop and recommend to the |
| 17 | | Board of Higher Education the base survey for distribution to |
| 18 | | higher education institutions and provide the Board of Higher |
| 19 | | Education with any related recommendations regarding the |
| 20 | | content, timing, and application of the base survey. The Task |
| 21 | | Force shall deliver the base survey and related |
| 22 | | recommendations, including, but not limited to, |
| 23 | | recommendations on achieving statistically valid response |
| 24 | | rates, to the Board of Higher Education no less often than |
| 25 | | every 2 years and for the first time on or before July 31, |
| 26 | | 2022. Thereafter, the Task Force shall meet in the year 2024 |
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| 1 | | and in the year 2026 to review the results of the survey and to |
| 2 | | implement updates and improvements. The Task Force is |
| 3 | | dissolved after the completion of the 2026 base survey. After |
| 4 | | the dissolution of the Task Force, the Executive Director of |
| 5 | | the Board of Higher Education or a designee shall review the |
| 6 | | base survey every 2 years to consider any feedback that has |
| 7 | | been received and to implement improvements. |
| 8 | | (e) In developing the base survey, the Task Force shall: |
| 9 | | (1) utilize best practices from peer-reviewed research
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| 10 | | and consult with individuals with expertise in the |
| 11 | | development and use of sexual misconduct climate surveys |
| 12 | | by higher education institutions; |
| 13 | | (2) review sexual misconduct climate surveys that have |
| 14 | | been developed and previously utilized by higher education |
| 15 | | institutions in Illinois and by other states that mandate |
| 16 | | campus climate surveys; |
| 17 | | (3) provide opportunities for written comment from |
| 18 | | survivors and organizations that work directly with |
| 19 | | survivors of sexual misconduct to ensure the adequacy and |
| 20 | | appropriateness of the proposed content; |
| 21 | | (4) consult with institutions on strategies for |
| 22 | | optimizing the effectiveness of the survey; |
| 23 | | (5) account for the diverse needs and differences of |
| 24 | | higher education institutions; and |
| 25 | | (6) review the base survey to ensure that the strategy |
| 26 | | for gathering information is trauma informed. |
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| 1 | | (f) The base survey shall gather information on topics, |
| 2 | | including, but not limited to: |
| 3 | | (1) the number and type of incidents, both reported to |
| 4 | | the higher education institution and unreported to the |
| 5 | | higher education institution, of sexual misconduct at the |
| 6 | | higher education institution; |
| 7 | | (2) when and where incidents of sexual misconduct |
| 8 | | occurred, such as on campus, off campus, abroad, or |
| 9 | | online; |
| 10 | | (3) student awareness of institutional policies and |
| 11 | | procedures related to campus sexual misconduct; |
| 12 | | (4) whether a student reported the sexual misconduct |
| 13 | | to the higher education institution and, if so, to which |
| 14 | | campus resource such report was made and, if not, the |
| 15 | | reason for the student's decision not to report; |
| 16 | | (5) whether a student reported the sexual misconduct |
| 17 | | to law enforcement and, if so, to which law enforcement |
| 18 | | agency such report was made; |
| 19 | | (6) whether a student was informed of or referred to |
| 20 | | local, State, campus, or other resources or victim support |
| 21 | | services, including appropriate medical care, advocacy, |
| 22 | | counseling, and legal services; |
| 23 | | (7) whether a student was provided information |
| 24 | | regarding his or her right to protection from retaliation, |
| 25 | | access to school-based accommodations, and criminal |
| 26 | | justice remedies; |
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| 1 | | (8) contextual factors, such as the involvement of |
| 2 | | force, incapacitation, coercion, or drug or alcohol |
| 3 | | facilitation; |
| 4 | | (9) demographic information that could be used to |
| 5 | | identify at-risk groups, including, but not limited to, |
| 6 | | gender, race, immigration status, national origin, |
| 7 | | ethnicity, disability status, sexual orientation, and |
| 8 | | gender identity; |
| 9 | | (10) perceptions of campus safety among members of the |
| 10 | | campus community and confidence in the institution's |
| 11 | | ability to protect against and respond to incidents of |
| 12 | | sexual misconduct; |
| 13 | | (11) whether the student has chosen to withdraw or has |
| 14 | | taken a leave of absence from the institution or |
| 15 | | transferred to another institution; |
| 16 | | (12) whether the student has withdrawn from any |
| 17 | | classes or has been placed on academic probation as a |
| 18 | | result of the incident; and |
| 19 | | (13) other questions as determined by the Task Force. |
| 20 | | All questions on the base survey shall be optional or shall |
| 21 | | offer the student the option to select "I prefer not to answer" |
| 22 | | as a response on the survey. |
| 23 | | (g) The sexual misconduct climate survey shall collect
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| 24 | | anonymous responses and shall not provide for the public |
| 25 | | disclosure of any personally identifying information. No |
| 26 | | institution may use or attempt to use information collected |
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| 1 | | through the sexual misconduct climate survey to identify or |
| 2 | | contact any individual student on campus, nor shall the |
| 3 | | results of the survey be used as the basis for any type of |
| 4 | | investigation or disciplinary or legal proceeding. |
| 5 | | (h) There shall be established within the Office of the |
| 6 | | Board of Higher Education a data repository for all summaries |
| 7 | | of sexual misconduct climate surveys submitted by higher |
| 8 | | education institutions to the Board of Higher Education in |
| 9 | | accordance with subsection (b). The Board of Higher Education |
| 10 | | shall ensure that the sexual misconduct climate survey data |
| 11 | | submitted by all institutions is available to the public in an |
| 12 | | easily accessible manner on the Board of Higher Education's |
| 13 | | website. |
| 14 | | (i) Each higher education institution shall publish on the |
| 15 | | institution's website in an easily accessible manner: |
| 16 | | (1) the campus level results of the survey; |
| 17 | | (2) the annual security report required under the |
| 18 | | federal Jeanne Clery Disclosure of Campus Security Policy |
| 19 | | and Campus Crime Statistics Act; |
| 20 | | (3) the reports required under Section 9.21 of the |
| 21 | | Board of Higher Education Act; and |
| 22 | | (4) a link to the Board of Higher Education's |
| 23 | | statewide data on sexual misconduct climate survey data as |
| 24 | | set forth in subsection (h). |
| 25 | | (j) The Board of Higher Education shall establish rules |
| 26 | | and procedures, including deadlines for dissemination and |
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| 1 | | collection of survey information, consistent with the purposes |
| 2 | | of this Section and shall promote effective solicitation to |
| 3 | | achieve the highest practical response rate, collection, and |
| 4 | | publication of statistical information gathered from higher |
| 5 | | education institutions. |
| 6 | | (k) Upon determination, after reasonable notice and |
| 7 | | opportunity for a hearing, that a higher education institution |
| 8 | | has violated or failed to carry out any provision of this |
| 9 | | Section or any rule adopted under this Section, the Board of |
| 10 | | Higher Education may impose a civil penalty upon such |
| 11 | | institution not to exceed $50,000, which shall be adjusted for |
| 12 | | inflation annually, for each violation. The Board of Higher |
| 13 | | Education shall use any such civil penalty funds to provide |
| 14 | | oversight of this Section and to provide funding to community |
| 15 | | organizations that provide services to sexual assault victims. |
| 16 | | The Attorney General may bring an action in the circuit court |
| 17 | | to enforce the collection of any monetary penalty imposed |
| 18 | | under this subsection (k).
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| 19 | | Section 99. Effective date. This Act takes effect upon |
| 20 | | becoming law.
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