Illinois General Assembly - Full Text of SB1610
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Full Text of SB1610  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Bill Cunningham


110 ILCS 155/35 new

    Amends the Preventing Sexual Violence in Higher Education Act. Requires each higher education institution to annually conduct a sexual misconduct climate survey of all students at the institution. Provides that each institution's sexual misconduct climate survey shall include the Board of Higher Education's base survey. Requires each institution to compile a summary of the results of the sexual misconduct climate survey and submit the summary to the Board, as well as publish the summary on the institution's website. Creates the Task Force on Campus Sexual Misconduct Climate Surveys to develop and recommend to the Board the base survey for distribution to institutions and to provide the Board with any related recommendations regarding the content, timing, and application of the base survey. Sets forth other requirements concerning the Task Force and the sexual misconduct climate survey. Includes penalty provisions. Effective immediately.

LRB102 16432 CMG 21823 b






SB1610LRB102 16432 CMG 21823 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Preventing Sexual Violence in Higher
5Education Act is amended by adding Section 35 as follows:
6    (110 ILCS 155/35 new)
7    Sec. 35. Sexual misconduct climate survey.
8    (a) As used in this Section:
9    "Base survey" means a base set of common questions
10recommended by the Task Force on Campus Sexual Misconduct
11Climate Surveys and approved by the Executive Director of the
12Board of Higher Education.
13    "Student" means a person who is enrolled in a public or
14private degree-granting, post-secondary higher education
15institution, whether part-time, full-time, or as an extension
16student, including any person who has taken a leave of absence
17or who has withdrawn from the higher education institution due
18to being a victim of sexual misconduct.
19    "Trauma informed" means an understanding of the
20complexities of sexual violence, domestic violence, dating
21violence, or stalking through training centered on the
22neurobiological impact of trauma, the influence of societal
23myths and stereotypes surrounding sexual violence, domestic



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1violence, dating violence, or stalking, and understanding the
2behavior of perpetrators.
3    (b) Each higher education institution shall annually
4conduct a sexual misconduct climate survey of all students at
5the institution. Each higher education institution's sexual
6misconduct climate survey shall include the base survey, which
7the Board of Higher Education shall provide to the institution
8every 2 years. Each institution may append its own
9campus-specific questions to the base survey if questions do
10not require the disclosure of any personally identifying
11information by the students and are trauma informed. The Board
12of Higher Education shall review any complaints submitted by
13students who believe that questions included in the campus
14sexual misconduct climate survey are traumatizing. Within 120
15days after completion of a sexual misconduct climate survey,
16but no later than one year after the Board of Higher Education
17issued the last base survey, each institution shall compile a
18summary of the results of the sexual misconduct climate
19survey, including, but not limited to, the complete aggregated
20results for each base survey question, and shall submit the
21summary to the Board of Higher Education, as well as publish
22the summary on the institution's website in an easily
23accessible manner.
24    (c) The Task Force on Campus Sexual Misconduct Climate
25Surveys is created. The Task Force shall consist of the
26following members:



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1        (1) the Executive Director of the Board of Higher
2    Education or a designee, who shall serve as chairperson;
3        (2) the Governor or a designee;
4        (3) the Attorney General or a designee;
5        (4) the Director of Public Health or a designee;
6        (5) the following members appointed by the Governor:
7            (A) one member who is a student attending a public
8        higher education institution in Illinois;
9            (B) one member who is a student attending a
10        private higher education institution in Illinois;
11            (C) one member who is a student attending a
12        community college in Illinois;
13            (D) one member who is a representative of the
14        University of Illinois recommended by the president of
15        the university;
16            (E) one member who is a representative of the
17        Illinois Community College Board;
18            (F) one member who is a representative of private
19        colleges and universities recommended by the
20        Federation of Independent Illinois Colleges and
21        Universities;
22            (G) 3 members who are representatives of survivors
23        of sexual assault recommended by the Illinois
24        Coalition Against Sexual Assault, with one
25        specifically representing survivors in rural
26        communities and one specifically representing



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1        survivors in urban communities;
2            (H) one member who is a representative of a
3        non-profit legal services organization that provides
4        legal representation to victims of campus sexual
5        assault in Illinois;
6            (I) one member who is a representative recommended
7        by the Illinois Coalition Against Domestic Violence;
8            (J) one member who is a representative recommended
9        by Equality Illinois;
10            (K) one member who is a representative of an
11        immigrant rights advocacy organization;
12            (L) one member who is a representative recommended
13        by the Every Voice Coalition or any successor
14        organization of the Every Voice Coalition;
15            (M) one member who is a researcher with experience
16        in the development and design of sexual misconduct
17        climate surveys; and
18            (N) one member who is a researcher of statistics,
19        data analytics, or econometrics with experience in
20        higher education survey analysis.
21    The Task Force shall hold its first meeting as soon as
22practicable after the effective date of this amendatory Act of
23the 102nd General Assembly. Administrative and other support
24for the Task Force shall be provided by the Board of Higher
25Education. Members of the Task Force shall serve 2-year terms
26that commence on the date of appointment. Members shall



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1continue to serve until their successors are appointed. Any
2vacancy shall be filled by the appointing authority. Any
3vacancy occurring other than by expiration of the term shall
4be filled for the balance of the unexpired term. A majority of
5the Task Force shall constitute a quorum for the transaction
6of any business.
7    Members of the Task Force shall serve without compensation
8but shall be reimbursed for expenses necessarily incurred in
9the performance of their duties if funds are available.
10However, the higher education institution in which a student
11member is enrolled may compensate that student for
12participating on the Task Force through a work-study program
13or by providing a stipend to support the work of the student
14member on the Task Force.
15    (d) The Task Force shall develop and recommend to the
16Board of Higher Education the base survey for distribution to
17higher education institutions and provide the Board of Higher
18Education with any related recommendations regarding the
19content, timing, and application of the base survey. The Task
20Force shall deliver the base survey and related
21recommendations, including, but not limited to,
22recommendations on achieving statistically valid response
23rates, to the Board of Higher Education no less often than
24every 2 years and for the first time on or before July 31,
252022. Thereafter, the Task Force shall meet in the year 2024
26and in the year 2026 to review the results of the survey and to



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1implement updates and improvements. The Task Force is
2dissolved after the completion of the 2026 base survey. After
3the dissolution of the Task Force, the Executive Director of
4the Board of Higher Education or a designee shall review the
5base survey every 2 years to consider any feedback that has
6been received and to implement improvements.
7    (e) In developing the base survey, the Task Force shall:
8        (1) utilize best practices from peer-reviewed research
9    and consult with individuals with expertise in the
10    development and use of sexual misconduct climate surveys
11    by higher education institutions;
12        (2) review sexual misconduct climate surveys that have
13    been developed and previously utilized by higher education
14    institutions in Illinois and by other states that mandate
15    campus climate surveys;
16        (3) provide opportunities for written comment from
17    survivors and organizations that work directly with
18    survivors of sexual misconduct to ensure the adequacy and
19    appropriateness of the proposed content;
20        (4) consult with institutions on strategies for
21    optimizing the effectiveness of the survey;
22        (5) account for the diverse needs and differences of
23    higher education institutions; and
24        (6) review the base survey to ensure that the strategy
25    for gathering information is trauma informed.
26    (f) The base survey shall gather information on topics,



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1including, but not limited to:
2        (1) the number and type of incidents, both reported to
3    the higher education institution and unreported to the
4    higher education institution, of sexual misconduct at the
5    higher education institution;
6        (2) when and where incidents of sexual misconduct
7    occurred, such as on campus, off campus, abroad, or
8    online;
9        (3) student awareness of institutional policies and
10    procedures related to campus sexual misconduct;
11        (4) whether a student reported the sexual misconduct
12    to the higher education institution and, if so, to which
13    campus resource such report was made and, if not, the
14    reason for the student's decision not to report;
15        (5) whether a student reported the sexual misconduct
16    to law enforcement and, if so, to which law enforcement
17    agency such report was made;
18        (6) whether a student was informed of or referred to
19    local, State, campus, or other resources or victim support
20    services, including appropriate medical care, advocacy,
21    counseling, and legal services;
22        (7) whether a student was provided information
23    regarding his or her right to protection from retaliation,
24    access to school-based accommodations, and criminal
25    justice remedies;
26        (8) contextual factors, such as the involvement of



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1    force, incapacitation, coercion, or drug or alcohol
2    facilitation;
3        (9) demographic information that could be used to
4    identify at-risk groups, including, but not limited to,
5    gender, race, immigration status, national origin,
6    ethnicity, disability status, sexual orientation, and
7    gender identity;
8        (10) perceptions of campus safety among members of the
9    campus community and confidence in the institution's
10    ability to protect against and respond to incidents of
11    sexual misconduct;
12        (11) whether the student has chosen to withdraw or has
13    taken a leave of absence from the institution or
14    transferred to another institution;
15        (12) whether the student has withdrawn from any
16    classes or has been placed on academic probation as a
17    result of the incident; and
18        (13) other questions as determined by the Task Force.
19All questions on the base survey shall be optional or shall
20offer the student the option to select "I prefer not to answer"
21as a response on the survey.
22    (g) The sexual misconduct climate survey shall collect
23anonymous responses and shall not provide for the public
24disclosure of any personally identifying information. No
25institution may use or attempt to use information collected
26through the sexual misconduct climate survey to identify or



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1contact any individual student on campus, nor shall the
2results of the survey be used as the basis for any type of
3investigation or disciplinary or legal proceeding.
4    (h) There shall be established within the Office of the
5Board of Higher Education a data repository for all summaries
6of sexual misconduct climate surveys submitted by higher
7education institutions to the Board of Higher Education in
8accordance with subsection (b). The Board of Higher Education
9shall ensure that the sexual misconduct climate survey data
10submitted by all institutions is available to the public in an
11easily accessible manner on the Board of Higher Education's
13    (i) Each higher education institution shall publish on the
14institution's website in an easily accessible manner:
15        (1) the campus level results of the survey;
16        (2) the annual security report required under the
17    federal Jeanne Clery Disclosure of Campus Security Policy
18    and Campus Crime Statistics Act;
19        (3) the reports required under Section 9.21 of the
20    Board of Higher Education Act; and
21        (4) a link to the Board of Higher Education's
22    statewide data on sexual misconduct climate survey data as
23    set forth in subsection (h).
24    (j) The Board of Higher Education shall establish rules
25and procedures, including deadlines for dissemination and
26collection of survey information, consistent with the purposes



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1of this Section and shall promote effective solicitation to
2achieve the highest practical response rate, collection, and
3publication of statistical information gathered from higher
4education institutions.
5    (k) Upon determination, after reasonable notice and
6opportunity for a hearing, that a higher education institution
7has violated or failed to carry out any provision of this
8Section or any rule adopted under this Section, the Board of
9Higher Education may impose a civil penalty upon such
10institution not to exceed $150,000, which shall be adjusted
11for inflation annually, for each violation. The Board of
12Higher Education shall use any such civil penalty funds to
13provide oversight of this Section and to provide funding to
14community organizations that provide services to sexual
15assault victims. The Attorney General may bring an action in
16the circuit court to enforce the collection of any monetary
17penalty imposed under this subsection (k).
18    Section 99. Effective date. This Act takes effect upon
19becoming law.