Full Text of HB0821 99th General Assembly
HB0821eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Preventing Sexual Violence in Higher Education Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Awareness programming" means institutional action | 8 | | designed to communicate the prevalence of sexual violence, | 9 | | including without limitation training, poster and flyer | 10 | | campaigns, electronic communications, films, guest speakers, | 11 | | symposia, conferences, seminars, or panel discussions. | 12 | | "Bystander intervention" includes without limitation the | 13 | | act of challenging the social norms that support, condone, or | 14 | | permit sexual violence. | 15 | | "Complainant" means a student who files a complaint | 16 | | alleging violation of the comprehensive policy through the | 17 | | higher education institution's complaint resolution process. | 18 | | "Comprehensive policy" means a policy created and | 19 | | implemented by a higher education institution to address | 20 | | student allegations of sexual violence, domestic violence, | 21 | | dating violence, and stalking. | 22 | | "Confidential advisor" means a person who is employed or | 23 | | contracted by a higher education institution to provide |
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| 1 | | emergency and ongoing support to student survivors of sexual | 2 | | violence with the training, duties, and responsibilities | 3 | | described in Section 20 of this Act. | 4 | | "Higher education institution" means a public university, | 5 | | a public community college, or an independent, not-for-profit | 6 | | or for-profit higher education institution located in this | 7 | | State. | 8 | | "Primary prevention programming" means institutional | 9 | | action and strategies intended to prevent sexual violence | 10 | | before it occurs by means of changing social norms and other | 11 | | approaches, including without limitation training, poster and | 12 | | flyer campaigns, electronic communications, films, guest | 13 | | speakers, symposia, conferences, seminars, or panel | 14 | | discussions. | 15 | | "Respondent" means a student who has been accused of | 16 | | violating a higher education institution's comprehensive | 17 | | policy. | 18 | | "Sexual violence" means physical sexual acts attempted or | 19 | | perpetrated against a person's will or when a person is | 20 | | incapable of giving consent, including without limitation | 21 | | rape, sexual assault, sexual battery, sexual abuse, and sexual | 22 | | coercion. | 23 | | "Survivor" means a student who has experienced sexual | 24 | | violence, domestic violence, dating violence, or stalking | 25 | | while enrolled at a higher education institution. | 26 | | "Trauma-informed response" means a response involving an |
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| 1 | | understanding of the complexities of sexual violence through | 2 | | training centered on the neurobiological impact of trauma, the | 3 | | influence of societal myths and stereotypes surrounding sexual | 4 | | violence, understanding the behavior of perpetrators, and | 5 | | conducting an effective investigation. | 6 | | "Victim-centered" means a systematic focus on the needs and | 7 | | concerns of a victim of sexual violence that (i) ensures the | 8 | | compassionate and sensitive delivery of services in a | 9 | | nonjudgmental manner; (ii) ensures an understanding of how | 10 | | trauma affects victim behavior; (iii) maintains victim safety, | 11 | | privacy, and, if possible, confidentiality; and (iv) | 12 | | recognizes that a victim is not responsible for the sexual | 13 | | violence. | 14 | | Section 10. Comprehensive policy. On or before August 1, | 15 | | 2016, all higher education institutions shall adopt a | 16 | | comprehensive policy concerning sexual violence, domestic | 17 | | violence, dating violence, and stalking consistent with | 18 | | governing federal and State law. The higher education | 19 | | institution's comprehensive policy shall include, at a | 20 | | minimum, all of the following components: | 21 | | (1) A definition of consent that, at a minimum, | 22 | | recognizes that (i) consent is a freely given agreement to | 23 | | sexual activity, (ii) a person's lack of verbal or physical | 24 | | resistance or submission resulting from the use or threat | 25 | | of force does not constitute consent, (iii) a person's |
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| 1 | | manner of dress does not constitute consent, (iv) a | 2 | | person's consent to past sexual activity does not | 3 | | constitute consent to future sexual activity, (v) a | 4 | | person's consent to engage in sexual activity with one | 5 | | person does not constitute consent to engage in sexual | 6 | | activity with another, (vi) a person can withdraw consent | 7 | | at any time, and (vii) a person cannot consent to sexual | 8 | | activity if he or she is unable to understand the nature of | 9 | | the activity or give knowing consent due to circumstances, | 10 | | including without limitation the following: | 11 | | (A) the person is incapacitated due to the use or | 12 | | influence of alcohol or drugs; | 13 | | (B) the person is asleep or unconscious; | 14 | | (C) the person is under age; or | 15 | | (D) the person has a mental disability. | 16 | | Nothing in this Section prevents a higher education | 17 | | institution from defining consent in a manner that is more | 18 | | demanding. | 19 | | (2) Procedures that students of the higher education | 20 | | institution may follow if they choose to report a violation | 21 | | of the comprehensive policy, regardless of where the | 22 | | incident occurred, including all of the following: | 23 | | (A) Name and contact information for the Title IX | 24 | | coordinator, campus law enforcement or security, local | 25 | | law enforcement, and the local sexual assault or rape | 26 | | crisis service center. |
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| 1 | | (B) The name, title, and contact information for | 2 | | confidential advisors and other confidential resources | 3 | | and a description of what confidential reporting | 4 | | means. | 5 | | (C) Information regarding the various individuals, | 6 | | departments, or organizations to whom a student may | 7 | | report a violation of the comprehensive policy, | 8 | | specifying for each individual and entity (i) the | 9 | | extent of the individual's or entity's reporting | 10 | | obligation, (ii) the extent of the individual's or | 11 | | entity's ability to protect the student's privacy, and | 12 | | (iii) the extent of the individual's or entity's | 13 | | ability to have confidential communication with the | 14 | | student. | 15 | | (D) An option for students to electronically | 16 | | report. | 17 | | (E) An option for students to anonymously report. | 18 | | (F) An option for students to confidentially | 19 | | report. | 20 | | (G) An option for reports by third parties and | 21 | | bystanders. | 22 | | (3) The higher education institution's procedure for | 23 | | responding to a report of an incident, including without | 24 | | limitation (i) assisting and interviewing the survivor, | 25 | | (ii) identifying and locating witnesses, (iii) contacting | 26 | | and interviewing the respondent, (iv) contacting and |
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| 1 | | cooperating with law enforcement, when applicable, and (v) | 2 | | providing information regarding the importance of | 3 | | preserving physical evidence of the sexual violence and the | 4 | | availability of a medical forensic examination at no charge | 5 | | to the survivor. | 6 | | (4) A statement of the higher education institution's | 7 | | obligation to provide survivors with concise information, | 8 | | written in plain language, concerning the survivor's | 9 | | rights and options, upon receiving notice of a violation of | 10 | | the comprehensive policy, as described in Section 15 of | 11 | | this Act. | 12 | | (5) The name, address, and telephone number of the | 13 | | nearest medical facility where a survivor may have a | 14 | | medical forensic examination completed at no cost to the | 15 | | survivor. | 16 | | (6) The name, telephone number, address, and website | 17 | | URL, if available, of local, State, and national rape or | 18 | | sexual assault crisis centers. | 19 | | (7) A statement notifying survivors of immediate steps | 20 | | and interim remedies reasonably available from the higher | 21 | | education institution, including without limitation | 22 | | obtaining and enforcing a no contact order or protective | 23 | | order and changing academic schedules, living | 24 | | arrangements, campus transportation, or work placement or | 25 | | schedules in response to a violation of the comprehensive | 26 | | policy. |
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| 1 | | (8) The higher education institution's complaint | 2 | | resolution procedures if a student alleges violation of the | 3 | | comprehensive violence policy, including, at a minimum, | 4 | | the guidelines set forth in Section 25 of this Act. | 5 | | (9) A statement of the range of sanctions the higher | 6 | | education institution may impose following the | 7 | | implementation of its complaint resolution procedures in | 8 | | response to a violation of the comprehensive policy. | 9 | | (10) A statement of the higher education institution's | 10 | | obligation to include an amnesty provision that provides | 11 | | immunity to any student who reports, in good faith, | 12 | | violation of the higher education institution's | 13 | | comprehensive policy to a responsible employee, as defined | 14 | | by federal law, so that he or she will not receive a | 15 | | disciplinary sanction by the institution for a student | 16 | | conduct violation, such as underage drinking, that is | 17 | | revealed in the course of such a report, unless the | 18 | | institution determines that the violation was egregious, | 19 | | including without limitation an action that places the | 20 | | health or safety of any other person at risk. | 21 | | (11) A statement of the higher education institution's | 22 | | prohibition on retaliation against those who, in good | 23 | | faith, report or disclose a violation of the comprehensive | 24 | | policy, file a complaint, or otherwise participate in the | 25 | | complaint resolution process and available sanctions for | 26 | | individuals who engage in retaliatory conduct. |
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| 1 | | Section 15. Student notification of rights and options. | 2 | | (a) On or before August 1, 2016, upon being notified of a | 3 | | violation of the comprehensive policy by or on behalf of a | 4 | | student, each higher education institution shall, at a minimum, | 5 | | provide the student survivor, when identified, with a concise | 6 | | notification, written in plain language, of the survivor's | 7 | | rights and options, including without limitation: | 8 | | (1) the survivor's right to report or not report the | 9 | | incident to the higher education institution, law | 10 | | enforcement, or both, including information about the | 11 | | survivor's right to privacy and which reporting methods are | 12 | | confidential; | 13 | | (2) the contact information for the higher education | 14 | | institution's Title IX coordinator or coordinators, | 15 | | confidential advisors, local rape crisis centers, campus | 16 | | law enforcement, and local law enforcement; | 17 | | (3) the survivor's right to request and receive | 18 | | assistance from campus authorities in notifying law | 19 | | enforcement; | 20 | | (4) the availability of interim remedies to survivors | 21 | | of sexual violence, domestic violence, dating violence, | 22 | | and stalking, including without limitation obtaining and | 23 | | enforcing an order of protection or civil no contact order | 24 | | on campus or in State court, changing housing, or changing | 25 | | the class schedule; |
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| 1 | | (5) the higher education institution's ability to | 2 | | provide assistance, upon the survivor's request, in | 3 | | accessing and navigating campus and local health and mental | 4 | | health services, counseling, and advocacy services; and | 5 | | (6) a summary of the higher education institution's | 6 | | complaint resolution procedures, under Section 25 of this | 7 | | Act, if the student survivor reports a violation of the | 8 | | comprehensive policy. | 9 | | (b) Within 12 hours after receiving an electronic report, | 10 | | the higher education institution shall contact, electronically | 11 | | or otherwise, the individual who submitted the electronic | 12 | | report of sexual violence, domestic violence, dating violence, | 13 | | or stalking. The higher education institution shall provide the | 14 | | individual making the electronic report a copy of the concise, | 15 | | written notification of the student survivor's rights and | 16 | | options and a list of available resources as a part of the | 17 | | initial contact with the electronic reporter.
| 18 | | Section 20. Confidential advisor. | 19 | | (a) Each higher education institution shall provide | 20 | | students with access to confidential advisors to provide | 21 | | emergency and ongoing support to survivors of sexual violence. | 22 | | (b) The confidential advisors may not be individuals on | 23 | | campus who are designated as responsible employees under Title | 24 | | IX of the federal Education Amendments of 1972. Nothing in this | 25 | | Section precludes a higher education institution from |
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| 1 | | partnering with a sexual assault or rape crisis center to | 2 | | provide confidential advisors. | 3 | | (c) All confidential advisors shall receive 40 hours of | 4 | | training on sexual violence before being designated a | 5 | | confidential advisor and shall attend a minimum of 6 hours of | 6 | | ongoing education training annually on issues related to sexual | 7 | | violence to remain a confidential advisor. Confidential | 8 | | advisors shall also receive periodic training on the campus | 9 | | administrative processes, interim measures, academic and other | 10 | | accommodations, and the Title IX complaint resolution | 11 | | procedures. | 12 | | (d) In the course of working with a survivor, each | 13 | | confidential advisor shall, at a minimum, do all of the | 14 | | following: | 15 | | (1) Inform the survivor of the survivor's choice of | 16 | | possible next steps regarding the survivor's reporting | 17 | | options and possible outcomes, including without | 18 | | limitation reporting pursuant to the higher education | 19 | | institution's comprehensive policy and notifying local law | 20 | | enforcement. | 21 | | (2) Notify the survivor of resources and services for | 22 | | student survivors of sexual violence, including, but not | 23 | | limited to, student services available on campus and | 24 | | through community-based resources, including without | 25 | | limitation sexual assault or rape crisis centers, medical | 26 | | treatment facilities, counseling services, legal options, |
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| 1 | | medical forensic services, and mental health services. | 2 | | (3) Advise the survivor of the survivor's rights and | 3 | | the higher education institution's responsibilities | 4 | | regarding orders of protection, no contact orders, or | 5 | | similar lawful orders issued by the higher education | 6 | | institution or a criminal or civil court. | 7 | | (4) Provide confidential services to and have | 8 | | privileged, confidential communications with students in | 9 | | accordance with Section 8-804 of the Code of Civil | 10 | | Procedure. | 11 | | (5) Upon the survivor's request and as appropriate, | 12 | | liaise with campus officials, rape crisis centers, sexual | 13 | | assault centers, or local law enforcement and, if | 14 | | requested, assist the survivor with contacting and | 15 | | reporting to campus officials, campus law enforcement, or | 16 | | local law enforcement. | 17 | | (6) Upon the survivor's request, liaise with the | 18 | | necessary campus authorities to secure interim remedies | 19 | | and accommodations for the survivor.
| 20 | | Section 25. Complaint resolution guidelines. | 21 | | (a) On or before August 1, 2016, each higher education | 22 | | institution shall adopt one procedure to resolve complaints of | 23 | | student violations of the comprehensive policy. | 24 | | (b) A higher education institution's complaint resolution | 25 | | procedure for allegations of student violation of the |
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| 1 | | comprehensive policy shall provide, at a minimum, all of the | 2 | | following: | 3 | | (1) Complainants alleging student violation of the | 4 | | comprehensive policy shall have the opportunity to request | 5 | | that the complaint resolution process begin promptly and | 6 | | proceed in a timely manner. | 7 | | (2) The higher education institution shall determine | 8 | | the individuals who will resolve complaints of student | 9 | | violations of the comprehensive policy. | 10 | | (3) All individuals whose duties include resolution of | 11 | | complaints of student violations of the comprehensive | 12 | | policy shall receive a minimum of 8 to 10 hours of annual | 13 | | training on issues related to sexual violence, domestic | 14 | | violence, dating violence, and stalking and how to conduct | 15 | | the higher education institution's complaint resolution | 16 | | process, in addition to the annual training required for | 17 | | employees as provided in subsection (c) of Section 30 of | 18 | | this Act. | 19 | | (4) The higher education institution shall have a | 20 | | sufficient number of individuals trained to resolve | 21 | | complaints so that (i) a substitution can occur in the case | 22 | | of a conflict of interest or recusal and (ii) an individual | 23 | | or individuals with no prior involvement in the initial | 24 | | determination or finding hear any appeal brought by a | 25 | | party.
| 26 | | (5) The individual or individuals resolving a |
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| 1 | | complaint shall use a preponderance of the evidence | 2 | | standard to determine whether the alleged violation of the | 3 | | comprehensive policy occurred.
| 4 | | (6) The complainant and respondent shall (i) receive | 5 | | notice of the individual or individuals with | 6 | | decision-making authority in their proceeding prior to | 7 | | having any contact with the individual or individuals and | 8 | | (ii) have the opportunity to request a substitution if the | 9 | | participation of a decision maker poses a conflict of | 10 | | interest.
| 11 | | (7) The higher education institution shall have a | 12 | | process to determine interim actions and remedies | 13 | | available pending the resolution of the complaint.
| 14 | | (8) Any proceeding, meeting, or hearing held to resolve | 15 | | complaints of student violations of the comprehensive | 16 | | policy shall protect the privacy of the participating | 17 | | parties and witnesses.
| 18 | | (9) The complainant, regardless of his or her level of | 19 | | involvement in the process, and the respondent shall have | 20 | | the opportunity to provide or present evidence and | 21 | | witnesses on their behalf during the complaint resolution | 22 | | process.
| 23 | | (10) The complainant and the respondent may not | 24 | | directly cross examine one another, but may, at the | 25 | | discretion and direction of the individual or individuals | 26 | | resolving the complaint, suggest questions to be posed by |
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| 1 | | the individual or individuals resolving the complaint and | 2 | | respond to the other party.
| 3 | | (11) Both parties may request to have an advisor of | 4 | | their choice accompany them to any meeting or proceeding | 5 | | related to a violation of the comprehensive policy, | 6 | | provided that the involvement of the advisor does not | 7 | | result in undue delay of the meeting or proceeding and that | 8 | | the advisor participates in a respectful manner. If the | 9 | | advisor engages in behavior or advocacy that harasses, | 10 | | abuses, or intimidates either party, that advisor may be | 11 | | prohibited from further participation.
| 12 | | (12) The complainant and the respondent may not be | 13 | | compelled to testify, if the complaint resolution | 14 | | procedure involves a hearing, in the presence of the other | 15 | | party. If a party invokes this right, the higher education | 16 | | institution shall provide a process by which the other | 17 | | party can see and hear the other party's testimony.
| 18 | | (13) The complainant and the respondent are entitled to | 19 | | simultaneous, written notification of the results of any | 20 | | complaint resolution proceeding, including information | 21 | | regarding appeal rights, within 7 days of a decision or | 22 | | sooner if required by State or federal law.
| 23 | | (14) The complainant and the respondent shall have the | 24 | | right to timely appeal the complaint resolution | 25 | | proceeding's findings or imposed sanctions. The individual | 26 | | or individuals reviewing the findings or imposed sanctions |
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| 1 | | shall not have participated previously in the complaint | 2 | | resolution process and shall not have a conflict of | 3 | | interest with either party. The complainant and the | 4 | | respondent shall receive the appeal decision in writing | 5 | | within 7 days after the conclusion of the review of | 6 | | findings or sanctions or sooner if required by federal or | 7 | | State law.
| 8 | | (15) The higher education institution shall not | 9 | | disclose the identity of the survivor or the respondent, | 10 | | except as provided by State or federal law.
| 11 | | Section 30. Campus training, education, and awareness. | 12 | | (a) On or before August 1, 2016, a higher education | 13 | | institution shall prominently publish, timely update, and have | 14 | | easily available on its Internet website all of the following | 15 | | information: | 16 | | (1) The higher education institution's comprehensive | 17 | | policy, as well as options and resources available to | 18 | | survivors. | 19 | | (2) The higher education institution's student | 20 | | notification of rights and options described in Section 15 | 21 | | of this Act. | 22 | | (3) The name and contact information for all of the | 23 | | higher education institution's Title IX coordinators. | 24 | | (4) An explanation of the role of (i) Title IX | 25 | | coordinators, including deputy or assistant Title IX |
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| 1 | | coordinators, under Title IX of the federal Education | 2 | | Amendments of 1972, (ii) responsible employees under Title | 3 | | IX of the federal Education Amendments of 1972, (iii) | 4 | | campus security authorities under the federal Jeanne Clery | 5 | | Disclosure of Campus Security Policy and Campus Crime | 6 | | Statistics Act, and (iv) mandated reporters under the | 7 | | Abused and Neglected Child Reporting Act and the reporting | 8 | | obligations of each, as well as the level of | 9 | | confidentiality each is allowed to provide to reporting | 10 | | students under relevant federal and State law. | 11 | | (5) The name, title, and contact information for all | 12 | | confidential advisors, counseling services, and | 13 | | confidential resources that can provide a confidential | 14 | | response to a report and a description of what confidential | 15 | | reporting means. | 16 | | (6) The telephone number and website URL for local, | 17 | | State, and national hotlines providing information to | 18 | | sexual violence survivors. | 19 | | (b) Beginning with the 2016-2017 academic year, each higher | 20 | | education institution shall provide sexual violence primary | 21 | | prevention and awareness programming for all students who | 22 | | attend one or more classes on campus, which shall include, at a | 23 | | minimum, annual training as described in this subsection (b). | 24 | | Nothing in this Section shall be construed to limit the higher | 25 | | education institution's ability to conduct additional ongoing | 26 | | sexual violence primary prevention and awareness programming. |
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| 1 | | The annual training shall ensure that each student who | 2 | | attends one or more classes on campus receives information | 3 | | regarding the higher education institution's comprehensive | 4 | | policy, including without limitation the following: | 5 | | (1) the institution's definitions of consent, | 6 | | inability to consent, and retaliation as they relate to | 7 | | sexual violence; | 8 | | (2) reporting to the higher education institution, | 9 | | campus law enforcement, and local law enforcement; | 10 | | (3) reporting to the confidential advisor or other | 11 | | confidential resources; | 12 | | (4) available survivor services; and | 13 | | (5) strategies for bystander intervention and risk | 14 | | reduction. | 15 | | At the beginning of each academic year, each higher | 16 | | education institution shall provide each student, student | 17 | | group, team, and organization of the higher education | 18 | | institution with an electronic copy or hard copy of its | 19 | | comprehensive policy and related protocols. | 20 | | (c) Beginning in the 2016-2017 academic year, a higher | 21 | | education institution shall provide annual victim-centered and | 22 | | trauma-informed response training to any employee of the higher | 23 | | education institution who is involved in (i) the receipt of a | 24 | | student report of an alleged incident of sexual violence, | 25 | | domestic violence, dating violence, or stalking, (ii) the | 26 | | referral or provision of services to a survivor, or (iii) any |
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| 1 | | campus complaint resolution proceedings that result from an | 2 | | alleged incident. Employees falling under this description | 3 | | include without limitation the Title IX coordinator, members of | 4 | | the higher education institution's campus law enforcement, and | 5 | | campus security. An enrolled student who is appointed to serve | 6 | | as a residence-life advisor and an employee or contracted | 7 | | service provider that provides campus security shall also | 8 | | receive annual victim-centered and trauma-informed response | 9 | | training. | 10 | | The higher education institution shall design the training | 11 | | to improve the trainee's ability to understand (i) the higher | 12 | | education institution's comprehensive policy; (ii) the | 13 | | relevant federal and State law concerning survivors of sexual | 14 | | violence, domestic violence, dating violence, and stalking at | 15 | | higher education institutions; (iii) the roles of the | 16 | | institution, medical providers, law enforcement, and community | 17 | | agencies in ensuring a coordinated response to a reported | 18 | | incident of sexual violence; (iv) the effects of trauma on a | 19 | | survivor; (v) the types of conduct that constitute sexual | 20 | | violence, domestic violence, dating violence, and stalking, | 21 | | including same-sex violence; and (vi) consent and the role | 22 | | drugs and alcohol use can have on the ability to consent. The | 23 | | training shall also seek to improve the trainee's ability to | 24 | | respond with cultural sensitivity; provide services to or | 25 | | assist in locating services for a survivor, as appropriate; and | 26 | | communicate sensitively and compassionately with a survivor of |
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| 1 | | sexual violence, domestic violence, dating violence, or | 2 | | stalking. | 3 | | Section 75. The Campus Security Enhancement Act of 2008 is | 4 | | amended by changing Section 10 as follows:
| 5 | | (110 ILCS 12/10)
| 6 | | Sec. 10. Task Community task force. | 7 | | (a) In this Section: | 8 | | "Higher education institution" means a public university, | 9 | | a public community college, or an independent, not-for-profit | 10 | | or for-profit higher education institution located in this | 11 | | State. | 12 | | "Sexual violence" means physical sexual acts attempted or | 13 | | perpetrated against a person's will or when a person is | 14 | | incapable of giving consent, including without limitation | 15 | | rape, sexual assault, sexual battery, sexual abuse, and sexual | 16 | | coercion. | 17 | | (b) Each public institution of higher education
| 18 | | institution shall either
establish their own campus-wide task | 19 | | force or participate in a regional task force, as set out in | 20 | | this Section, on or before August 1, 2016. The task forces | 21 | | shall be composed of representatives of campus staff, campus | 22 | | students, community-based organizations, and law enforcement. | 23 | | The task forces shall work toward improving coordination by | 24 | | December 1, 1996, a community task force for the purpose of
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| 1 | | coordinating with community leaders and service providers to | 2 | | prevent sexual violence, domestic violence, dating violence, | 3 | | and stalking
assaults and to ensure a coordinated response both | 4 | | in terms of law enforcement
and victim services.
| 5 | | (1) The participants of the campus-wide task force | 6 | | shall consist of individuals, including campus staff, | 7 | | faculty, and students, selected by the president or | 8 | | chancellor of each higher education institution or the | 9 | | president's or chancellor's designee, which must include | 10 | | various stakeholders on the issue of sexual violence, | 11 | | domestic violence, dating violence, and stalking. | 12 | | The president or chancellor of each higher education | 13 | | institution or the president's or chancellor's designee | 14 | | shall invite each of the following entities to identify an | 15 | | individual to serve on the campus-wide task force: | 16 | | (A) a community-based sexual assault or rape | 17 | | crisis service center; | 18 | | (B) a community-based domestic violence agency; | 19 | | (C) local law enforcement; and | 20 | | (D) the local State's Attorney's office. | 21 | | Each higher education institution may make available | 22 | | to members of the campus-wide task force training on (i) | 23 | | the awareness and prevention of sexual violence, domestic | 24 | | violence, dating violence, and stalking and communicating | 25 | | with and providing assistance to a student survivor of | 26 | | sexual violence, domestic violence, dating violence, and |
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| 1 | | stalking; (ii) the higher education institution's | 2 | | comprehensive policy concerning sexual violence, domestic | 3 | | violence, dating violence, and stalking; (iii) the | 4 | | provisions of federal and State law concerning survivors of | 5 | | sexual violence, domestic violence, dating violence, and | 6 | | stalking at higher education institutions; (iv) | 7 | | victim-centered responses and the role of community-based | 8 | | advocates; (v) the role and functions of each member on | 9 | | such campus-wide task force for the purpose of ensuring a | 10 | | coordinated response to reported incidences of sexual | 11 | | violence, domestic violence, dating violence, and | 12 | | stalking; and (vi) trauma-informed responses to sexual | 13 | | violence, domestic violence, dating violence, and | 14 | | stalking. | 15 | | The campus-wide task force shall meet at least 2 times | 16 | | per calendar year for the purpose of discussing and | 17 | | improving upon the following areas: | 18 | | (I) best practices as they relate to prevention, | 19 | | awareness, education, and response to sexual violence, | 20 | | domestic violence, dating violence, and stalking; | 21 | | (II) the higher education institution's | 22 | | comprehensive policy and procedures; and | 23 | | (III) collaboration and information-sharing among | 24 | | the higher education institution, community-based | 25 | | organizations, and law enforcement, including without | 26 | | limitation discussing memoranda of understanding, |
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| 1 | | protocols, or other practices for cooperation. | 2 | | (2) Any regional task force in which a higher education | 3 | | institution participates shall have representatives from | 4 | | the following: higher education institutions, | 5 | | community-based sexual assault or rape crisis centers and | 6 | | domestic violence organizations, and law enforcement | 7 | | agencies in the region, including, police, State's | 8 | | Attorney's offices, and other relevant law enforcement | 9 | | agencies. A higher education institution shall send | 10 | | appropriate designees, including faculty, staff, and | 11 | | students, to participate in the regional task force. | 12 | | The regional task force shall meet at least 2 times per | 13 | | calendar year for the purpose of discussing and improving | 14 | | upon the following areas: | 15 | | (A) best practices as they relate to prevention of, | 16 | | awareness of, education concerning, and the response | 17 | | to sexual violence, domestic violence, dating | 18 | | violence, and stalking; | 19 | | (B) sexual violence policies and procedures; and | 20 | | (C) collaboration and information-sharing among | 21 | | higher education institutions, community-based | 22 | | organizations, and law enforcement, including without | 23 | | limitation discussing memoranda of understanding, | 24 | | protocols, or other practices for cooperation. | 25 | | (Source: P.A. 88-629, eff. 9-9-94.)
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| 1 | | Section 80. The Board of Higher Education Act is amended by | 2 | | changing Section 9.21 as follows:
| 3 | | (110 ILCS 205/9.21) (from Ch. 144, par. 189.21)
| 4 | | Sec. 9.21. Human Relations.
| 5 | | (a) The Board shall monitor, budget, evaluate, and report | 6 | | to the General
Assembly in accordance with Section 9.16 of this | 7 | | Act on programs to improve
human relations to include race, | 8 | | ethnicity, gender and other issues related
to improving human | 9 | | relations. The programs shall at least:
| 10 | | (1) require each public institution of higher | 11 | | education to include, in
the general education | 12 | | requirements for obtaining a degree, coursework on
| 13 | | improving human relations to include race, ethnicity, | 14 | | gender and other
issues related to improving human | 15 | | relations to address racism and sexual
harassment on their | 16 | | campuses, through existing courses;
| 17 | | (2) require each public institution of higher | 18 | | education to report annually
monthly to the Department of | 19 | | Human Rights and the Attorney General on each
adjudicated | 20 | | case in which a finding of racial, ethnic or religious
| 21 | | intimidation or sexual harassment made in a grievance, | 22 | | affirmative action
or other proceeding established by that | 23 | | institution to investigate and
determine allegations of | 24 | | racial, ethnic or religious intimidation and
sexual | 25 | | harassment; and
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| 1 | | (3) require each public institution of higher | 2 | | education to forward to
the local State's Attorney any | 3 | | report received by campus security or by a
university | 4 | | police department alleging the commission of a hate crime | 5 | | as
defined under Section 12-7.1 of the Criminal Code of | 6 | | 2012.
| 7 | | (b) In this subsection (b): | 8 | | "Higher education institution" means a public university, | 9 | | a public community college, or an independent, not-for-profit | 10 | | or for-profit higher education institution located in this | 11 | | State. | 12 | | "Sexual violence" means physical sexual acts attempted or | 13 | | perpetrated against a person's will or when a person is | 14 | | incapable of giving consent, including without limitation | 15 | | rape, sexual assault, sexual battery, sexual abuse, and sexual | 16 | | coercion. | 17 | | On or before November 1, 2017 and on or before every | 18 | | November 1 thereafter, each higher education institution shall | 19 | | provide an annual report, concerning the immediately preceding | 20 | | calendar year, to the Department of Human Rights and the | 21 | | Attorney General with all of the following components: | 22 | | (1) A copy of the higher education institution's most | 23 | | recent comprehensive policy adopted in accordance with | 24 | | Section 10 of the Preventing Sexual Violence in Higher | 25 | | Education Act. | 26 | | (2) A copy of the higher education institution's most |
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| 1 | | recent concise, written notification of a survivor's | 2 | | rights and options under its comprehensive policy, | 3 | | required pursuant to Section 15 of the Preventing Sexual | 4 | | Violence in Higher Education Act. | 5 | | (3) The number, type, and attendance, if applicable, of | 6 | | primary prevention and awareness programming at the higher | 7 | | education institution. | 8 | | (4) The number of incidents of sexual violence, | 9 | | domestic violence, dating violence, and stalking reported | 10 | | to the Title IX coordinator or other responsible employee, | 11 | | pursuant to Title IX of the federal Education Amendments of | 12 | | 1972, of the higher education institution. | 13 | | (5) The number of confidential and anonymous reports to | 14 | | the higher education institution of sexual violence, | 15 | | domestic violence, dating violence, and stalking. | 16 | | (6) The number of allegations in which the survivor | 17 | | requested not to proceed with the higher education | 18 | | institution's complaint resolution process. | 19 | | (7) The number of allegations of sexual violence, | 20 | | domestic violence, dating violence, and stalking that the | 21 | | higher education institution investigated. | 22 | | (8) The number of allegations of sexual violence, | 23 | | domestic violence, dating violence, and stalking that were | 24 | | referred to local or State law enforcement. | 25 | | (9) The number of allegations of sexual violence, | 26 | | domestic violence, dating violence, and stalking that the |
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| 1 | | higher education institution reviewed through its | 2 | | complaint resolution. | 3 | | (10) With respect to all allegations of sexual | 4 | | violence, domestic violence, dating violence, and stalking | 5 | | reviewed under the higher education institution's | 6 | | complaint resolution process, an aggregate list of the | 7 | | number of students who were (i) dismissed or expelled, (ii) | 8 | | suspended, (iii) otherwise disciplined, or (iv) found not | 9 | | responsible for violation of the comprehensive policy | 10 | | through the complaint resolution process during the | 11 | | reporting period. | 12 | | The Office of the Attorney General shall maintain on its | 13 | | Internet website for public inspection a list of all higher | 14 | | education institutions that fail to comply with the annual | 15 | | reporting requirements as set forth in this subsection (b). | 16 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 17 | | Section 85. The Code of Civil Procedure Act is amended by | 18 | | adding Section 8-804 as follows: | 19 | | (735 ILCS 5/8-804 new) | 20 | | Sec. 8-804. Confidential advisor. | 21 | | (a) This Section is intended to protect students at higher | 22 | | education institutions in this State who are survivors of | 23 | | sexual violence from public disclosure of statements they make | 24 | | in confidence to confidential advisors. Because of the fear, |
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| 1 | | stigma, and trauma that often result from incidents of sexual | 2 | | violence, many survivors hesitate to report or seek help, even | 3 | | when it is available at no cost to them. As a result, they not | 4 | | only fail to receive needed medical care and emergency | 5 | | counseling, but may lack the psychological support necessary to | 6 | | report the incident of sexual violence to the higher education | 7 | | institution or law enforcement. | 8 | | (b) In this Section: | 9 | | "Confidential advisor" means a person who is employed or | 10 | | contracted by a higher education institution to provide | 11 | | emergency and ongoing support to student survivors of sexual | 12 | | violence with the training, duties, and responsibilities | 13 | | described in Section 20 of the Preventing Sexual Violence in | 14 | | Higher Education Act. | 15 | | "Higher education institution" means a public university, | 16 | | a public community college, or an independent, not-for-profit | 17 | | or for-profit higher education institution located in this | 18 | | State. | 19 | | "Sexual violence" means physical sexual acts attempted or | 20 | | perpetrated against a person's will or when a person is | 21 | | incapable of giving consent, including without limitation | 22 | | rape, sexual assault, sexual battery, sexual abuse, and sexual | 23 | | coercion. | 24 | | "Survivor" means a student who has experienced sexual | 25 | | violence, domestic violence, dating violence, or stalking | 26 | | while enrolled at a higher education institution. |
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| 1 | | (c) All communications between a confidential advisor and a | 2 | | student survivor pertaining to an incident of sexual violence | 3 | | shall remain confidential, unless the student survivor | 4 | | consents to the disclosure of the communication in writing, the | 5 | | disclosure falls within one of the exceptions outlined in | 6 | | subsection (d) of this Section, or failure to disclose the | 7 | | communication would violate State or federal law. | 8 | | Communications include all records kept by the confidential | 9 | | advisor in the course of providing the survivor with services | 10 | | related to the incident of sexual violence. | 11 | | (d) The confidential advisor may disclose confidential | 12 | | communications between the confidential advisor and the | 13 | | survivor if failure to disclose would result in a clear, | 14 | | imminent risk of serious physical injury to or death of the | 15 | | survivor or another person. | 16 | | The confidential advisor shall have no obligation to report | 17 | | crimes to the higher education institution or law enforcement, | 18 | | except to report to the Title IX coordinator, as defined by | 19 | | Title IX of the federal Education Amendments of 1972, on a | 20 | | monthly basis the number and type of incidents of sexual | 21 | | violence reported exclusively to the confidential advisor in | 22 | | accordance with the higher education institution's reporting | 23 | | requirements under subsection (b) of Section 9.21 of the Board | 24 | | of Higher Education Act and under federal law. | 25 | | If, in any judicial proceeding, a party alleges that the | 26 | | statements are necessary to the determination of any issue |
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| 1 | | before the court and written consent to disclosure has not been | 2 | | given, the party may ask the court to consider ordering the | 3 | | disclosure of the statements. In such a case, statements may be | 4 | | disclosed if the court finds, after in camera examination of | 5 | | the statement, that it is relevant, probative, not unduly | 6 | | prejudicial or inflammatory, or otherwise clearly admissible; | 7 | | that other evidence is demonstrably unsatisfactory as evidence | 8 | | of the facts sought to be established by the statement or | 9 | | statements; and that disclosure is more important to the | 10 | | interests of substantial justice than protection from injury to | 11 | | the confidential advisor-survivor relationship, to the | 12 | | survivor, or any other individual whom disclosure is likely to | 13 | | harm.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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