HB4990eng 104TH GENERAL ASSEMBLY

HB4990 Engrossed LRB104 18294 LNS 31734 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 Sections 5, 10, 15, 20, 25, and 30 as follows:

(110 ILCS 155/5)

Sec. 5. Definitions. In this Act:

"Awareness programming" means institutional action designed to communicate the prevalence of sexual violence, including without limitation training, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars, or panel discussions.

"Bystander intervention" includes without limitation the act of challenging the social norms that support, condone, or permit sexual violence.

"Complainant" means a student who files a complaint alleging violation of the comprehensive policy through the higher education institution's complaint resolution procedure.

"Comprehensive policy" means a policy created and implemented by a higher education institution to address student allegations of sexual violence, domestic violence, dating violence, and stalking, and sexual harassment.

"Complaint advisor" means a person chosen by a complainant or respondent to advise the complainant or respondent regarding the complaint resolution procedure, who may accompany the complainant or respondent to any meeting, interview, or hearing with the individual or individuals who will resolve a complaint related to an alleged violation of the comprehensive policy and who may be appointed by a higher education institution for a party at the request of that party. "Complaint advisor" includes, but is not limited to, an attorney. "Complaint advisor" does not include a complainant's confidential advisor, unless the complainant requests that the confidential advisor serve as the complainant's complaint advisor and the confidential advisor agrees to serve as such.

"Confidential advisor" means a person who is employed or contracted by a higher education institution to provide emergency and ongoing support to student survivors of sexual violence, domestic violence, dating violence, stalking, and sexual harassment, with the training, duties, and responsibilities described in Section 20 of this Act. "Confidential advisor" does not include a complainant's complaint advisor, unless the complainant requests that the confidential advisor serve as the complainant's complaint advisor and the confidential advisor agrees to serve as such.

"Dating violence" means any act of abuse committed by a person who is or has been in a romantic or intimate relationship with a survivor.

"Digital sexual harassment" means technology-facilitated abusive acts, including, but not limited to, repeated, unwelcome electronic communications based on sex or containing sexually-explicit material, and actual or threatened dissemination of a private or digitally altered sexual image without the depicted individual's consent, as defined in Section 5 of the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act.

"Domestic violence" means any act of abuse as defined in the Illinois Domestic Violence Act of 1986.

"Higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State.

"Lack of capacity" means an inability to give knowing and affirming consent.

"Primary prevention programming" means institutional action and strategies intended to prevent sexual violence before it occurs by means of changing social norms and other approaches, including without limitation training, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars, or panel discussions.

"Respondent" means a student involved in the complaint resolution procedure who has been accused of violating a higher education institution's comprehensive policy.

"Retaliation" means any action taken against a person, including, but not limited to, intimidation, threats, coercion, or discrimination, to purposefully or knowingly interfere with any right or privilege secured by this Act or Title IX of the federal Education Amendments of 1972 because that person reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing, including in an informal resolution process. "Retaliation" includes actions by a student, a higher education institution, an employee or other individual authorized by a higher education institution to provide aid, a benefit, or a service under an education program or activity of the higher education institution, or a third party acting on behalf of a higher education institution or a respondent.

"Sexual harassment" means unwelcome sex-based conduct, including, but not limited to, unwanted sexual advances, unwanted requests for sexual favors, or any unwanted verbal, nonverbal, or physical conduct that is sex-based or that is related to a person's sex, sexual orientation, or gender identity, toward a student that (i) a reasonable person would view as substantially interfering with the student's educational performance or participation in a program or activity of a higher education institution, including, but not limited to, any mental or physical health impacts, any new or increased challenges with focusing on academics or activities, any fear or anxiety about attending class or activities, or the need to alter routines or class or activity schedules to avoid another student, or (ii) creates an environment that a reasonable person would consider to be intimidating, hostile, or offensive. "Sexual harassment" includes digital sexual harassment.

"Sexual violence" means physical sexual acts attempted or perpetrated against a person's will or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

"Stalking" has the meaning given to that term in the Stalking No Contact Order Act.

"Survivor" means a student enrolled at a higher education institution who has self-identified as having experienced sexual violence, domestic violence, dating violence, or stalking, or sexual harassment while enrolled at a higher education institution.

"Survivor-centered" means a systematic focus on the needs and concerns of a survivor of sexual violence, domestic violence, dating violence, or stalking, or sexual harassment that (i) ensures the compassionate and sensitive delivery of services in a nonjudgmental manner; (ii) ensures an understanding of how trauma affects survivor behavior; (iii) maintains survivor safety, privacy, and, if possible, confidentiality; and (iv) recognizes that a survivor is not responsible for the sexual violence, domestic violence, dating violence, or stalking, or sexual harassment.

"Trauma-informed response" means a response involving an understanding of the complexities of sexual violence, domestic violence, dating violence, or stalking, or sexual harassment through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding sexual violence, domestic violence, dating violence, or stalking, or sexual harassment, and understanding the behavior of perpetrators. "Trauma-informed response" includes empowering survivors to make their own decisions regarding care, healing, supportive measures, and whether to report or engage with systems and then supporting those decisions.

(Source: P.A. 99-426, eff. 8-21-15.)

(110 ILCS 155/10)

Sec. 10. Comprehensive policy.

(a) All On or before August 1, 2016, all higher education institutions shall adopt a comprehensive policy concerning sexual violence, domestic violence, dating violence, and stalking, and sexual harassment consistent with governing federal and State law. The higher education institution's comprehensive policy shall include, at a minimum, all of the following components:

(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 has a lack of capacity 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 has a lack of capacity is incapacitated due to a mental disability.

Nothing in this Section prevents a higher education institution from defining consent in a more demanding manner.

(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, or sexual harassment occurred, including all of the following:

(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 means.

(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 student.

(D) An option for students to electronically report.

(E) An option for students to anonymously report.

(F) An option for students to confidentially report.

(G) An option for reports by third parties and bystanders. However, while third parties and bystanders may report, the higher education institution may not compel a survivor's participation in a complaint resolution procedure.

(H) Information about how the higher education institution prohibits and responds to retaliation and the process for reporting retaliation under the comprehensive policy.

(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, or sexual harassment, 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, and (vi) providing information about how the higher education institution prohibits and responds to retaliation and the process for reporting retaliation under the comprehensive policy.

(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 and supportive 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 how the higher education institution supports the honoring of 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 institution.

(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 or possession or use of a controlled substance, 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 significant or serious 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.

(b) On or before August 1, 2027, each higher education institution shall update its comprehensive policy to ensure compliance with this amendatory Act of the 104th General Assembly.

(c) Each higher education institution shall act in accordance with its comprehensive policy. Beginning August 1, 2027, any party that is aggrieved by the failure of a higher education institution to respond to conduct that violates the higher education institution's comprehensive policy or the substantial failure of a higher education institution to act in accordance with its comprehensive policy may bring a civil lawsuit. The lawsuit must be brought no later than 7 years after the alleged violation of the comprehensive policy or 7 years after the date the aggrieved party becomes aware of the alleged violation, whichever is later. If the court finds that a higher education institution willfully violated its comprehensive policy or willfully disregarded the safety of the aggrieved party, the court may award actual and punitive damages. The court, as it deems appropriate, may grant, as relief, a permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.

Upon a motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under this subsection (c). In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

Nothing in this Section may be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.

(Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16; 100-1087, eff. 1-1-19.)

(110 ILCS 155/15)

Sec. 15. Student notification of rights and options.

(a) Upon On or before August 1, 2016, upon being notified of an alleged violation of the comprehensive policy by or on behalf of a student, each higher education institution shall, at a minimum, provide the survivor, when identified, with a concise notification, written in plain language, of the survivor's rights and options, including without limitation:

(1) the survivor's right to report or not report the alleged incident to the higher education institution, law enforcement, or both, including information about the survivor's right to privacy and which reporting methods are confidential, as well as the survivor's right to participate or not participate in any investigation into the alleged incident;

(2) the contact information for the higher education institution's Title IX coordinator or coordinators, confidential advisors, a community-based sexual assault crisis center, campus law enforcement, and local law enforcement;

(3) the survivor's right to request and receive assistance from campus authorities in notifying law enforcement;

(4) the survivor's ability to request interim protective and supportive measures and accommodations for survivors, including without limitation changes to academic, living, dining, working, and transportation situations and , obtaining and enforcing a campus-issued order of protection or no contact order, if such protective and supportive measures and accommodations are reasonably available, and an order of protection or no contact order in State court;

(5) the higher education institution's ability to provide assistance, upon the survivor's request, in accessing and navigating campus and local health and mental health services, counseling, and advocacy services; and

(6) a summary of the higher education institution's complaint resolution procedures, under Section 25 of this Act, if the survivor reports a violation of the comprehensive policy; and .

(7) information about how the higher education institution prohibits and responds to retaliation and the process for reporting retaliation under the comprehensive policy.

(b) Within 12 hours after receiving an electronic report or by the next business day for other reports, the higher education institution shall respond to the electronic reporter. If the reporter is not the survivor, the higher education institution shall also contact the survivor, if known, by the next business day following receipt of the report. The separate responses to the reporter and the survivor must and, at a minimum, provide the information described in subdivisions (1) through (7) (6) of subsection (a) of this Section and a list of available resources. The higher education institution may choose the manner in which it responds including, but not limited to, through verbal or electronic communication. Nothing in this subsection (b) limits a higher education institution's obligations under subsection (a) of this Section.

(Source: P.A. 99-426, eff. 8-21-15.)

(110 ILCS 155/20)

Sec. 20. Confidential advisor.

(a) Each higher education institution shall provide students with access to confidential advisors to provide emergency and ongoing support to survivors of sexual violence.

(b) The confidential advisors may not be individuals on campus who are designated as responsible employees under Title IX of the federal Education Amendments of 1972. Nothing in this Section precludes a higher education institution from partnering with a community-based sexual assault crisis center to provide confidential advisors.

(b-5) A confidential advisor is separate from a complaint advisor, unless the complainant and confidential advisor agree to have the confidential advisor also serve as the complaint advisor. Unless prohibited by Title IX of the federal Education Amendments of 1972 or other federal law, a complainant has a right to have both a support person, which may be the confidential advisor if the person so chooses, and a complaint advisor at any meeting or proceeding related to an alleged violation of the comprehensive policy or under Title IX of the federal Education Amendments of 1972. The higher education institution must not require or appoint a confidential advisor to serve as the complainant's complaint advisor.

(c) All confidential advisors shall receive 40 hours of training on sexual violence, if they have not already completed this 40-hour training, before being designated a confidential advisor and shall attend a minimum of 6 hours of ongoing education training annually on issues related to sexual violence to remain a confidential advisor. Confidential advisors shall also receive periodic training on the campus administrative processes, interim protective and supportive measures and accommodations, and complaint resolution procedures.

(d) In the course of working with a survivor, each confidential advisor shall, at a minimum, do all of the following:

(1) Inform the survivor of the survivor's choice of possible next steps regarding the survivor's reporting options and possible outcomes, including without limitation reporting pursuant to the higher education institution's comprehensive policy and notifying local law enforcement.

(2) Notify the survivor of resources and services for survivors of sexual violence, including, but not limited to, student services available on campus and through community-based resources, including without limitation sexual assault crisis centers, medical treatment facilities, counseling services, legal resources, medical forensic services, and mental health services. A confidential advisor must inform the survivor if requesting or receiving certain resources or services may affect confidentiality.

(3) Inform the survivor of the survivor's rights and the higher education institution's responsibilities regarding orders of protection, no contact orders, or similar lawful orders issued by the higher education institution or a criminal or civil court.

(4) Provide confidential services to and have privileged, confidential communications with survivors of sexual violence in accordance with Section 8-804 of the Code of Civil Procedure.

(5) Upon the survivor's request and as appropriate, liaise with campus officials, community-based sexual assault crisis centers, or local law enforcement and, if requested, assist the survivor with contacting and reporting to campus officials, campus law enforcement, or local law enforcement. A confidential advisor must inform the survivor if requesting or receiving certain resources or services may affect confidentiality.

(6) Upon the survivor's request, liaise with the necessary campus authorities to secure interim protective and supportive measures and accommodations for the survivor.

(7) Upon the survivor's request, liaise with the necessary campus authorities to assist the survivor in responding to and advocating against any retaliation by the respondent or any other individual, including agents of the higher education institution.

(Source: P.A. 99-426, eff. 8-21-15.)

(110 ILCS 155/25)

Sec. 25. Complaint resolution procedures.

(a) On or before August 1, 2016, each campus of a higher education institution shall adopt one procedure to resolve complaints of alleged student violations of the comprehensive policy.

(b) For each campus, a higher education institution's complaint resolution procedures for allegations of student violation of the comprehensive policy shall provide, at a minimum, all of the following:

(1) Complainants and respondents alleging student violation of the comprehensive policy shall have the right to have opportunity to request that the complaint resolution procedure begin promptly and be completed within 120 days after the complaint was received by the higher education institution. A reasonable extension of this timeframe is allowed on a case-by-case basis for good cause, with notice to the parties that includes the reason for the delay. Written notification must be provided to the complainant and the respondent if the complaint resolution procedure extends beyond 120 days. Both parties shall have the right to the consideration of any additional protective and supportive measures that may be necessary due to a delay in the complaint resolution procedure proceed in a timely manner.

(2) The higher education institution shall determine the individuals who will resolve complaints of alleged student violations of the comprehensive policy.

(3) All individuals whose duties include resolution of complaints of student violations of the comprehensive policy shall receive a minimum of 8 to 10 hours of annual training on issues related to sexual violence, domestic violence, dating violence, and stalking, and sexual harassment and how to conduct the higher education institution's complaint resolution procedures, in addition to the annual training required for employees as provided in subsection (c) of Section 30 of this Act. The initial training must be completed prior to such individuals participating in the investigation of or resolution of complaints.

(4) The higher education institution shall have a sufficient number of individuals trained to resolve complaints so that (i) a substitution can occur in the case of a conflict of interest or recusal and (ii) an individual or individuals with no prior involvement in the initial determination or finding hear any appeal brought by a party.

(4.5) The higher education institution may consolidate complaints by a complainant against more than one respondent or by more than one complainant against one or more respondents if the allegations arise out of the same facts or circumstances if the higher education institution provides the complainant with a timely written notice of its intent to consolidate and offers the complainant a reasonable opportunity to respond. However, in a consolidated complaint resolution proceeding, the individual or individuals resolving the complaints must take reasonable measures to protect the privacy of each complainant and respondent.

(5) The individual or individuals resolving a complaint shall use a preponderance of the evidence standard to determine whether the alleged violation of the comprehensive policy occurred.

(6) The complainant and respondent shall (i) receive notice of the individual or individuals with authority to make a finding or impose a sanction in their proceeding before the individual or individuals initiate contact with either party and (ii) have the opportunity to request a substitution if the participation of an individual with authority to make a finding or impose a sanction poses a conflict of interest.

(7) The higher education institution shall have a procedure to determine interim protective and supportive measures and accommodations available pending the resolution of the complaint. Such protective and supportive measures must not be overly burdensome to either party or result in excluding either party from participation in, denying either party the benefits of, or subjecting either party to discrimination under any education program or activity or otherwise interfere with any right or privilege secured by this Act or Title IX of the federal Education Amendments of 1972.

Nothing in this Section prohibits a higher education institution from following its emergency or regular removal or expulsion processes.

If the higher education institution determines that, to provide reasonable protective and supportive measures, it must burden either the complainant or the respondent, the higher education institution must minimize the burden on the complainant to the extent possible, unless the higher education institution is obligated to address the protective and supportive measures under Title IX of the federal Education Amendments of 1972 and Title IX requires burdening the complainant instead of the respondent.

The higher education institution shall bear the cost of reasonable protective and supportive measures. The higher education institution shall have a procedure for providing reasonable protective and supportive measures to all students who report sexual violence, domestic violence, dating violence, stalking, and sexual harassment. Such protective and supportive measures shall be available even if a student does not file a formal complaint, the student's complaint is dismissed, or there is no finding of responsibility in the complaint resolution procedure.

Protective and supportive measures may include, but are not limited to, counseling, extensions of deadlines, granting requests to change enrollment options after deadlines and other course-related adjustments, campus escort services, increased security and monitoring of certain areas of the campus, campus no contact orders and honoring protective orders entered by a civil or criminal court, leaves of absence to seek medical care, legal assistance, counseling, safety planning, advocacy, or other assistance without penalty from the higher education institution, excused absences to attend, participate in, or prepare for a court, campus, administrative, or quasi-judicial proceeding, training and education programs related to sexual violence, domestic violence, dating violence, stalking, or sexual harassment, and changes in a class schedule, a campus employment or work schedule, housing, or an extracurricular or other activity.

A higher education institution must make a good faith effort to accommodate requests for reasonable protective and supportive measures. Each request for protective and supportive measures must be evaluated on an individualized basis to determine the reasonableness of the request, and, if the original request is determined to be unreasonable, the higher education institution must consider alternative reasonable protective and supportive measures to address the party's needs. The major or course enrolled in by the party, on its own, is not a reason to deny protective and supportive measures. If the higher education institution cannot grant a survivor's request and a comparable alternative is not available, the higher education institution must consider whether there are any other reasonably available options that could support the survivor or meet the survivor's needs and offer those options to the survivor.

(8) Any proceeding, meeting, or hearing held to resolve complaints of alleged student violations of the comprehensive policy shall protect the privacy of the participating parties and witnesses.

(9) The complainant, regardless of this person's level of involvement in the complaint resolution procedure, and the respondent shall have the opportunity to provide or present evidence and witnesses on their behalf during the complaint resolution procedure.

(9.5) The higher education institution may not distribute any evidence that includes a private or intentionally digitally altered sexual image by physical or electronic means, except as required by law, a subpoena, or a court order. The complainant, the respondent, and each party's complaint advisor shall have the opportunity to view physical or electronic copies of any private or intentionally digitally altered sexual image evidence in person in a higher education institution office and only in the presence of the individual resolving the complaint, a Title IX coordinator or a member of the Title IX coordinator's staff, or the legal counsel representing the higher education institution. If either party is unable to view this evidence in person, that party and the party's complainant advisor may view it temporarily via an electronic procedure established by the higher education institution that ensures confidentiality. Each party and each party's complaint advisor must not create physical or electronic copies of private or intentionally digitally altered sexual image evidence. All private or intentionally digitally altered sexual image evidence must be kept in the strictest of confidence by the higher education institution and its employees during and after the completion of the complaint resolution procedure, and evidence shall be retained as required under the federal Family Educational Rights and Privacy Act of 1974.

(10) The complainant, and the respondent, and each party's complaint advisor may not directly question the other party cross examine one another, but may, at the discretion and direction of the individual or individuals resolving the complaint, suggest questions to be posed to the other party by the individual or individuals resolving the complaint and respond to the other party. This prohibition on direct questioning does not apply to any complaint resolution procedure that involves a complaint that the higher education institution is obligated to address under Title IX of the federal Education Amendments of 1972 if, at the time of the complaint resolution procedure, Title IX rules require allowing cross-examination by the parties' complaint advisors. If Title IX rules require allowing cross-examination by the parties' complaint advisors, the higher education institution must appoint a complaint advisor for any party that does not have one.

(11) Both parties may request and must be allowed to have a complaint an advisor of their choice accompany them to any meeting or proceeding related to an alleged violation of the comprehensive policy, provided that the involvement of the complaint advisor does not result in undue delay of the meeting or proceeding. The complaint advisor must comply with any rules in the higher education institution's complaint resolution procedure regarding the advisor's role. If the complaint advisor violates the rules or engages in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or an individual resolving the complaint, that advisor may be prohibited from further participation.

(12) The complainant and the respondent may not be compelled to testify, if the complaint resolution procedure involves a hearing, in the presence of the other party. If a party invokes this right, the higher education institution shall provide a procedure by which each party can, at a minimum, hear the other party's testimony.

(12.5) Survivors of sexual violence, domestic violence, dating violence, stalking, or sexual harassment have a right to have a support person of their choosing, including a confidential advisor, at any meeting or proceeding related to an alleged violation of the comprehensive policy or under Title IX of the federal Education Amendments of 1972. If a support person violates the rules or engages in behavior that harasses, abuses, or intimidates either party, a witness, or an individual resolving the complaint, that support person may be prohibited from further participation. Nothing in this paragraph (12.5) prohibits a higher education institution from allowing respondents to have their own support person.

(13) The complainant and the respondent are entitled to simultaneous, written notification of the results of the complaint resolution procedure, including information regarding appeal rights, within 7 days of a decision or sooner if required by State or federal law.

(14) The complainant and the respondent shall, at a minimum, have the right to timely appeal the complaint resolution procedure's findings or imposed sanctions if the party alleges (i) a procedural error occurred, (ii) new information exists that would substantially change the outcome of the finding, or (iii) the sanction is disproportionate with the violation. The individual or individuals reviewing the findings or imposed sanctions shall not have participated previously in the complaint resolution procedure and shall not have a conflict of interest with either party. The complainant and the respondent shall receive written notice of an appeal and the alleged grounds for appeal within 7 days after the appeal was submitted to the higher education institution, and the nonappealing party shall be provided an opportunity to submit a response to the higher education institution. The complainant and the respondent shall receive notice of the appeal decision in writing within 7 days after the conclusion of the review of findings or sanctions or sooner if required by federal or State law.

(15) The higher education institution shall not disclose the identity of the complainant survivor or the respondent, except as necessary to resolve the complaint or to implement interim protective and supportive measures and accommodations or when provided by State or federal law.

(Source: P.A. 99-426, eff. 8-21-15.)

(110 ILCS 155/30)

Sec. 30. Campus training, education, and awareness.

(a) On or before August 1, 2016, a higher education institution shall prominently publish, timely update, and have easily available on its Internet website all of the following information:

(1) The higher education institution's comprehensive policy, as well as options and resources available to survivors.

(2) The higher education institution's student notification of rights and options described in Section 15 of this Act.

(3) The name and contact information for all of the higher education institution's Title IX coordinators.

(4) An explanation of the role of (i) Title IX coordinators, including deputy or assistant Title IX coordinators, under Title IX of the federal Education Amendments of 1972, (ii) responsible employees under Title IX of the federal Education Amendments of 1972, (iii) campus security authorities under the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and (iv) mandated reporters under the Abused and Neglected Child Reporting Act and the reporting obligations of each, as well as the level of confidentiality each is allowed to provide to reporting students under relevant federal and State law.

(5) The name, title, and contact information for all confidential advisors, counseling services, and confidential resources that can provide a confidential response to a report and a description of what confidential reporting means.

(6) The telephone number and website URL for community-based, State, and national hotlines providing information to sexual violence survivors.

(b) Beginning with the 2016-2017 academic year, each higher education institution shall provide sexual violence primary prevention and awareness programming for all students who attend one or more classes on campus, which shall include, at a minimum, annual training as described in this subsection (b). Nothing in this Section shall be construed to limit the higher education institution's ability to conduct additional ongoing sexual violence primary prevention and awareness programming.

Each higher education institution's annual training shall, at a minimum, provide each student who attends one or more classes on campus information regarding the higher education institution's comprehensive policy, including without limitation the following:

(1) the institution's definitions of consent, inability to consent, and retaliation as they relate to sexual violence;

(2) reporting to the higher education institution, campus law enforcement, and local law enforcement;

(3) reporting to the confidential advisor or other confidential resources;

(4) available survivor services; and

(5) strategies for bystander intervention and risk reduction.

At the beginning of each academic year, each higher education institution shall provide each student of the higher education institution with an electronic copy or hard copy of its comprehensive policy, procedures, and related protocols.

(c) A Beginning in the 2016-2017 academic year, a higher education institution shall provide annual survivor-centered and trauma-informed response training to any employee of the higher education institution who is involved in (i) the receipt of a student report of an alleged incident of sexual violence, domestic violence, dating violence, or stalking, or sexual harassment, (ii) the referral or provision of services to a survivor, or (iii) any campus complaint resolution procedure that results from an alleged incident of sexual violence, domestic violence, dating violence, or stalking, or sexual harassment. Employees falling under this description include without limitation the Title IX coordinator, members of the higher education institution's campus law enforcement, and campus security. An enrolled student at or a contracted service provider of the higher education institution with the employee responsibilities outlined in clauses (i) through (iii) of this paragraph shall also receive annual survivor-centered and trauma-informed response training.

The higher education institution shall design the training to improve the trainee's ability to understand (i) the higher education institution's comprehensive policy; (ii) the relevant federal and State law concerning survivors of sexual violence, domestic violence, dating violence, and stalking, and sexual harassment at higher education institutions; (iii) the roles of the higher education institution, medical providers, law enforcement, and community agencies in ensuring a coordinated response to a reported incident of sexual violence; (iv) the effects of trauma on a survivor; (v) the types of conduct that constitute sexual violence, domestic violence, dating violence, and stalking, and sexual harassment, including same-sex violence and digital sexual harassment; and (vi) consent and the role drugs and alcohol use can have on the ability to consent. The training shall also seek to improve the trainee's ability to respond with cultural sensitivity; provide services to or assist in locating services for a survivor, as appropriate; and communicate sensitively and compassionately with a survivor of sexual violence, domestic violence, dating violence, or stalking, or sexual harassment.

(Source: P.A. 99-426, eff. 8-21-15.)

Section 10. The Code of Civil Procedure is amended by changing Section 8-804 as follows:

(735 ILCS 5/8-804)

Sec. 8-804. Confidential advisor.

(a) This Section is intended to protect students at higher education institutions in this State who are survivors of sexual violence, domestic violence, dating violence, stalking, or sexual harassment from public disclosure of communications they make in confidence to confidential advisors. Because of the fear, stigma, and trauma that often result from incidents of gender-based sexual violence, many survivors hesitate to report or seek help, even when it is available at no cost to them. As a result, they not only fail to receive needed medical care and emergency counseling, but may lack the psychological support necessary to report the incident of sexual violence to the higher education institution or law enforcement.

(b) In this Section:

"Confidential advisor" means a person who is employed or contracted by a higher education institution to provide emergency and ongoing support to survivors of sexual violence with the training, duties, and responsibilities described in Section 20 of the Preventing Sexual Violence in Higher Education Act.

"Dating violence" has the meaning given to that term in the Preventing Sexual Violence in Higher Education Act.

"Domestic violence" has the meaning given to that term in the Preventing Sexual Violence in Higher Education Act.

"Gender-based violence" means sexual violence, domestic violence, dating violence, stalking, or sexual harassment.

"Higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State.

"Sexual harassment" has the meaning given to that term in the Preventing Sexual Violence in Higher Education Act.

"Sexual violence" has the meaning given to that term in the Preventing Sexual Violence in Higher Education Act means physical sexual acts attempted or perpetrated against a person's will or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

"Stalking" has the meaning given to that term in the Preventing Sexual Violence in Higher Education Act.

"Survivor" has the meaning given to that term in the Preventing Sexual Violence in Higher Education Act means a student who has experienced sexual violence while enrolled at a higher education institution.

(c) All communications between a confidential advisor and a survivor pertaining to an incident of sexual violence shall remain confidential, unless the survivor consents to the disclosure of the communication in writing, the disclosure falls within one of the exceptions outlined in subsection (d) of this Section, or failure to disclose the communication would violate State or federal law. Communications include all records kept by the confidential advisor in the course of providing the survivor with services related to the incident of sexual violence.

(d) The confidential advisor may disclose confidential communications between the confidential advisor and the survivor if failure to disclose would result in a clear, imminent risk of serious physical injury to or death of the survivor or another person.

The confidential advisor shall have no obligation to report crimes to the higher education institution or law enforcement, except to report to the Title IX coordinator, as defined by Title IX of the federal Education Amendments of 1972, on a monthly basis the number and type of incidents of sexual violence, domestic violence, dating violence, stalking, and sexual harassment reported exclusively to the confidential advisor in accordance with the higher education institution's reporting requirements under subsection (b) of Section 9.21 of the Board of Higher Education Act and under federal law.

If, in any judicial proceeding, a party alleges that the communications are necessary to the determination of any issue before the court and written consent to disclosure has not been given, the party may ask the court to consider ordering the disclosure of the communications. In such a case, communications may be disclosed if the court finds, after in camera examination of the communication, that the communication is relevant, probative, and not unduly prejudicial or inflammatory or is otherwise clearly admissible; that other evidence is demonstrably unsatisfactory as evidence of the facts sought to be established by the communication or communications; and that disclosure is more important to the interests of substantial justice than protection from injury to the confidential advisor-survivor relationship, to the survivor, or to any other individual whom disclosure is likely to harm.

(e) This privilege shall not preclude an individual from asserting a greater privilege under federal or State law that applies.

(Source: P.A. 99-426, eff. 8-21-15.)

Section 99. Effective date. This Act takes effect July 1, 2027.