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| 1 | AN ACT concerning human rights.
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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 Illinois Human Rights Act is amended by | ||||||
| 5 | changing Section 5A-102 and by adding Section 5A-101.1 as | ||||||
| 6 | follows: | ||||||
| 7 | (775 ILCS 5/5A-101.1 new) | ||||||
| 8 | Sec. 5A-101.1. Notice. | ||||||
| 9 | (A) Every institution of higher education covered by this | ||||||
| 10 | Act shall post in a prominent and accessible location a poster | ||||||
| 11 | stating sexual harassment laws and policies. The poster shall | ||||||
| 12 | be (i) posted and kept posted at each campus in common area | ||||||
| 13 | positions easily accessible to all students including, but not | ||||||
| 14 | limited to residence halls, administration buildings, student | ||||||
| 15 | unions, cafeterias, and libraries or (ii) posted annually at | ||||||
| 16 | each campus in common area positions easily accessible to all | ||||||
| 17 | students including, but not limited to, residence halls, | ||||||
| 18 | administration buildings, student unions, cafeterias, and | ||||||
| 19 | libraries, with an electronic copy of the sexual harassment | ||||||
| 20 | laws and policies also sent to each student at the time that | ||||||
| 21 | registration materials are emailed. Documents to be posted | ||||||
| 22 | shall be retrieved from the Illinois Department of Human Rights | ||||||
| 23 | website to satisfy posting requirements. Posting of the posters | ||||||
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| 1 | shall be effectuated within 90 days of the effective date of | ||||||
| 2 | this amendatory Act of the 96th General Assembly and shall | ||||||
| 3 | occur annually thereafter. | ||||||
| 4 | (B) The posted sexual harassment poster shall include, at a | ||||||
| 5 | minimum, the following information: (i) the illegality of | ||||||
| 6 | sexual harassment in higher education; (ii) the definition of | ||||||
| 7 | sexual harassment under State law; (iii) a description of | ||||||
| 8 | sexual harassment, utilizing examples; (iv) the institution's | ||||||
| 9 | internal complaint process including penalties; (v) the legal | ||||||
| 10 | recourse, investigative and complaint process available | ||||||
| 11 | through the Department of Human Rights; (vi) directions on how | ||||||
| 12 | to contact the Department; and (vii) protection against | ||||||
| 13 | retaliation as provided by Section 6-101 of this Act. | ||||||
| 14 | (C) Upon notification of a failure to post, the Department | ||||||
| 15 | of Human Rights may launch a preliminary investigation. If the | ||||||
| 16 | Department finds a failure to post, the Department may issue a | ||||||
| 17 | notice to show cause giving the institution 30 days to correct | ||||||
| 18 | the failure to post. If the failure to post is not corrected, | ||||||
| 19 | the Department may initiate a charge of a civil rights | ||||||
| 20 | violation.
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| 21 | (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
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| 22 | Sec. 5A-102. Civil Rights Violations-Higher Education. It | ||||||
| 23 | is a civil
rights violation:
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| 24 | (A) Higher Education Representative. For any higher | ||||||
| 25 | education representative
to commit or engage in sexual | ||||||
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| 1 | harassment in higher education.
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| 2 | (B) Institution of Higher Education. For any institution of | ||||||
| 3 | higher education
to fail to take remedial action, or to fail to | ||||||
| 4 | take appropriate disciplinary
action against a higher | ||||||
| 5 | education representative employed by such institution,
when | ||||||
| 6 | such institution knows that such higher education | ||||||
| 7 | representative was
committing or engaging in or committed or | ||||||
| 8 | engaged
in sexual harassment in higher education.
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| 9 | (Source: P.A. 83-91.)
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| 10 | Section 99. Effective date. This Act takes effect August 1, | ||||||
| 11 | 2009.
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