Illinois General Assembly - Full Text of HB0103
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Full Text of HB0103  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/14/2021, by Rep. Jonathan Carroll


775 ILCS 5/5A-101  from Ch. 68, par. 5A-101
775 ILCS 5/5A-102  from Ch. 68, par. 5A-102
775 ILCS 5/5A-103 new

    Amends the Elementary, Secondary, and Higher Education Article of the Illinois Human Rights Act. Defines "anti-Semitism". Provides that an institution of elementary, secondary, or higher education commits a civil rights violation if it fails to treat anti-Semitism in an identical manner to discrimination motivated by race. Describes anti-Semitism. Provides that nothing in the new provisions infringes on the constitutional protections for free speech or may be construed to conflict with federal or State discrimination laws.

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HB0103LRB102 04048 LNS 14064 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 5A-101 and 5A-102 and by adding Section
65A-103 as follows:
7    (775 ILCS 5/5A-101)  (from Ch. 68, par. 5A-101)
8    Sec. 5A-101. Definitions. The following definitions are
9applicable strictly in the content of this Article, except
10that the term "sexual harassment in elementary, secondary, and
11higher education" as defined herein has the meaning herein
12ascribed to it whenever that term is used anywhere in this Act.
13    (A) Institution of Elementary, Secondary, or Higher
14Education. "Institution of elementary, secondary, or higher
15education" means: (1) a publicly or privately operated
16university, college, community college, junior college,
17business or vocational school, or other educational
18institution offering degrees and instruction beyond the
19secondary school level; or (2) a publicly or privately
20operated elementary school or secondary school.
21    (B) Degree. "Degree" means: (1) a designation,
22appellation, series of letters or words or other symbols which
23signifies or purports to signify that the recipient thereof



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1has satisfactorily completed an organized academic, business
2or vocational program of study offered beyond the secondary
3school level; or (2) a designation signifying that the
4recipient has graduated from an elementary school or secondary
6    (C) Student. "Student" means any individual admitted to or
7applying for admission to an institution of elementary,
8secondary, or higher education, or enrolled on a full or part
9time basis in a course or program of academic, business or
10vocational instruction offered by or through an institution of
11elementary, secondary, or higher education.
12    (D) Elementary, Secondary, or Higher Education
13Representative. "Elementary, secondary, or higher education
14representative" means and includes the president, chancellor
15or other holder of any executive office on the administrative
16staff of an institution of higher education, an administrator
17of an elementary school or secondary school, a member of the
18faculty of an institution of higher education, including but
19not limited to a dean or associate or assistant dean, a
20professor or associate or assistant professor, and a full or
21part time instructor or visiting professor, including a
22graduate assistant or other student who is employed on a
23temporary basis of less than full time as a teacher or
24instructor of any course or program of academic, business or
25vocational instruction offered by or through an institution of
26higher education, and any teacher, instructor, or other



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1employee of an elementary school or secondary school.
2    (E) Sexual Harassment in Elementary, Secondary, and Higher
3Education. "Sexual harassment in elementary, secondary, and
4higher education" means any unwelcome sexual advances or
5requests for sexual favors made by an elementary, secondary,
6or higher education representative to a student, or any
7conduct of a sexual nature exhibited by an elementary,
8secondary, or higher education representative toward a
9student, when such conduct has the purpose of substantially
10interfering with the student's educational performance or
11creating an intimidating, hostile or offensive educational
12environment; or when the elementary, secondary, or higher
13education representative either explicitly or implicitly makes
14the student's submission to such conduct a term or condition
15of, or uses the student's submission to or rejection of such
16conduct as a basis for determining:
17        (1) Whether the student will be admitted to an
18    institution of elementary, secondary, or higher education;
19        (2) The educational performance required or expected
20    of the student;
21        (3) The attendance or assignment requirements
22    applicable to the student;
23        (4) To what courses, fields of study or programs,
24    including honors and graduate programs, the student will
25    be admitted;
26        (5) What placement or course proficiency requirements



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1    are applicable to the student;
2        (6) The quality of instruction the student will
3    receive;
4        (7) What tuition or fee requirements are applicable to
5    the student;
6        (8) What scholarship opportunities are available to
7    the student;
8        (9) What extracurricular teams the student will be a
9    member of or in what extracurricular competitions the
10    student will participate;
11        (10) Any grade the student will receive in any
12    examination or in any course or program of instruction in
13    which the student is enrolled;
14        (11) The progress of the student toward successful
15    completion of or graduation from any course or program of
16    instruction in which the student is enrolled; or
17        (12) What degree, if any, the student will receive.
18    (F) Anti-Semitism. "Anti-Semitism" means a certain
19perception of the Jewish people, which may be expressed as
20hatred toward Jewish people or rhetorical and physical
21manifestations of anti-Semitism directed toward a person, his
22or her property, or Jewish community institutions or religions
24(Source: P.A. 96-1319, eff. 7-27-10.)
25    (775 ILCS 5/5A-102)  (from Ch. 68, par. 5A-102)



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1    Sec. 5A-102. Civil Rights Violations-Elementary,
2Secondary, and Higher Education. It is a civil rights
4    (A) Elementary, Secondary, or Higher Education
5Representative. For any elementary, secondary, or higher
6education representative to commit or engage in sexual
7harassment in elementary, secondary, or higher education.
8    (B) Institution of Elementary, Secondary, or Higher
9Education. For any institution of elementary, secondary, or
10higher education to fail to take remedial action, or to fail to
11take appropriate disciplinary action against an elementary,
12secondary, or higher education representative employed by such
13institution, when such institution knows that such elementary,
14secondary, or higher education representative was committing
15or engaging in or committed or engaged in sexual harassment in
16elementary, secondary, or higher education.
17    (C) Anti-Semitism. For any institution of elementary,
18secondary, or higher education to fail to comply with Section
20(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
21    (775 ILCS 5/5A-103 new)
22    Sec. 5A-103. Discrimination motivated by anti-Semitism. An
23institution of elementary, secondary, or higher education
24shall treat discrimination by students or employees or
25resulting from institutional policies motivated by



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1anti-Semitism in an identical manner to discrimination
2motivated by race. Discrimination motivated by anti-Semitism
4        (1) Calling for, aiding, or justifying the killing or
5    harming of Jews, often in the name of a radical ideology or
6    an extremist view of religion.
7        (2) Making mendacious, dehumanizing, demonizing, or
8    stereotypical allegations about Jews as such or the power
9    of Jews as a collective, including, but not limited to,
10    the myth about a world Jewish conspiracy or of Jews
11    controlling the media, economy, government, or other
12    societal institutions.
13        (3) Accusing Jews as a people of being responsible for
14    real or imagined wrongdoings committed by a single Jewish
15    person or group, the State of Israel, or for acts
16    committed by non-Jews.
17        (4) Accusing Jews as a people or the State of Israel of
18    inventing or exaggerating the Holocaust.
19        (5) Accusing Jewish citizens of being more loyal to
20    the State of Israel, or the alleged priorities of Jews
21    worldwide, than to the interests of their own nation.
22        (6) Anti-Semitism related to the State of Israel,
23    including, but not limited to:
24            (i) Demonizing the State of Israel by using the
25        symbols and images associated with classic
26        anti-Semitism to characterize the State of Israel or



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1        Israelis, drawing comparisons of contemporary Israeli
2        policy to that of Nazis, or blaming the State of Israel
3        for all interreligious or political tensions.
4            (ii) Applying a double standard to the State of
5        Israel by requiring behavior of the State of Israel
6        that is not expected or demanded of any other
7        democratic nation, or focusing peace or human rights
8        investigations only on the State of Israel.
9            (iii) Delegitimizing the State of Israel by
10        denying the Jewish people their right to
11        self-determination and denying the State of Israel the
12        right to exist.
13        However, criticism of the State of Israel that is
14    similar to criticism toward any other country may not be
15    regarded as anti-Semitic.
16    Nothing in this Section shall be construed to diminish or
17infringe upon any right protected under the First Amendment to
18the United States Constitution or Section 4 of Article I of the
19Illinois Constitution. Nothing in this Section shall be
20construed to conflict with federal or State discrimination