HB4253 103RD GENERAL ASSEMBLY

LRB103 34781 RJT 64631 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4253

Introduced 1/16/2024, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act
720 ILCS 5/12C-50

Creates the Higher Education Violation Reporting Act. Provides that each public and private institution of higher education shall maintain a report publicly reporting actual findings of violations by any student organization, athletic team, or living group of the institution's code of conduct or anti-hazing policy or State or federal laws relating to hazing or alcohol, drugs, sexual assault, or physical assault. Provides that an institution of higher education shall provide hazing prevention education to employees. Provides that if an employee or volunteer at an institution of higher education has reasonable cause to believe that hazing has occurred, the employee or volunteer shall report the incident. Amends the Criminal Code of 2012. In provisions concerning hazing, provides that a person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State for the purpose of induction or admission into or maintenance of membership in (instead of only for the purpose of induction or admission into) any group, organization, or society associated or connected with that institution if the act meets certain requirements; makes changes to the requirements. Provides that an act may be considered hazing regardless of whether the student or other person is willing to participate in the act. Effective July 1, 2024.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Higher Education Violation Reporting Act.

Section 5. Definitions. In this Act:

"Employee" means a person who is receiving wages from an institution of higher education and is in a position with direct, ongoing contact with students in a supervisory role or position of authority. "Employee" does not include a person employed as medical staff or with an affiliated organization, entity, or extension of an institution of higher education, unless the employee has a supervisory role or position of authority over students. "Employee" does not include confidential employees.

"Institution of higher education" means a public or private institution of higher education located in this State.

"Reasonable cause" means a person who witnesses hazing or receives a credible written or oral report alleging hazing or potential or planned hazing activity.

Section 10. Violation reporting.

(a) Beginning with the 2024-2025 academic year, each institution of higher education shall maintain a report on the institution's website publicly reporting actual findings of violations by any student organization, athletic team, or living group of the institution of higher education's code of conduct or anti-hazing policy or State or federal laws relating to hazing or alcohol, drugs, sexual assault, or physical assault. The report shall include all of the following:

(1) The name of the student organization, athletic team, or living group.

(2) The date the investigation was initiated.

(3) The date on which the investigation ended with a finding that a violation occurred.

(4) The date the student organization, athletic team, or living group was charged with a violation.

(5) A description of the violation, including the date of the violation, and the findings and sanction placed on the student organization, athletic team, or living group.

(6) The details of the sanction imposed, including the beginning and end dates of the sanction.

(b) An investigation that does not result in a finding of a formal violation of the student code of conduct, anti-hazing policy, or State or federal law may not be included in the report under this Section. The report may not include any personal or identifying information of individual students and shall be subject to the requirements of the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student Records Act.

(c) The institution of higher education shall make the report under this Section available on its website in a prominent location clearly labeled and easily accessible from the institution's website.

(d) The institution of higher education shall maintain and update the information in the report for 5 years after that information was first included in the report and shall post the information in the report on its website at least 45 calendar days before the start of each fall academic term and at least 10 days before the start of all other academic terms.

Section 15. Hazing prevention.

(a) Beginning with the 2024-2025 academic year, an institution of higher education shall provide hazing prevention education on the signs and dangers of hazing, as well as the institution of higher education's prohibition on hazing, to employees, including student employees, either in person or electronically. The prevention education shall be provided to employees at the beginning of each academic year. In addition, the prevention education shall be provided to new employees at the beginning of the academic term after they are hired.

(b) If, as a result of observations or information received in the course of employment or volunteer service, an employee, including a student employee, or volunteer at an institution of higher education has reasonable cause to believe that hazing has occurred, the employee or volunteer shall report the incident or cause a report to be made to a designated authority at the institution of higher education at the first opportunity available.

(c) A person who witnesses hazing or has reasonable cause to believe hazing has occurred or will occur and who makes a report to an institution of higher education in good faith may not be sanctioned or punished by the institution for higher education for the hazing unless the person was directly engaged in the planning, directing, or act of hazing that is being reported.

(d) Nothing in this Section precludes a person from independently reporting hazing or suspected hazing activity to a law enforcement agency.

Section 20. The Criminal Code of 2012 is amended by changing Section 12C-50 as follows:

(720 ILCS 5/12C-50)

Sec. 12C-50. Hazing.

(a) A person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State, for the purpose of induction or admission into or maintenance of membership in any group, organization, or society associated or connected with that institution, regardless of the student or other person's willingness to participate in the act, if:

(1) the act is not sanctioned or authorized by that educational institution; and

(2) the act either (i) is likely to contribute to a substantial risk of physical injury to, adverse mental health outcomes for, or degradation of any person or (ii) causes physical injury to, adverse mental health outcomes for, or degradation of results in bodily harm to any person.

(b) Sentence. Hazing is a Class A misdemeanor, except that hazing that results in death or great bodily harm is a Class 4 felony.

(Source: P.A. 97-1109, eff. 1-1-13.)

Section 99. Effective date. This Act takes effect July 1, 2024.