Full Text of HB5746 100th General Assembly
HB5746 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5746 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: |
| 110 ILCS 205/9.21 | from Ch. 144, par. 189.21 |
|
Amends the Board of Higher Education Act. Provides that, beginning with the 2019-2020 academic year, each public or private higher education institution shall require all entering freshmen to receive, during a period of orientation or in an introductory course offered by the institution, instruction aimed at increasing the awareness and prevention of sexual violence and hate crimes.
|
| |
| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
|
| | | HB5746 | | LRB100 20400 AXK 35722 b |
|
| 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 5. The Board of Higher Education Act is amended by | 5 | | changing Section 9.21 as follows:
| 6 | | (110 ILCS 205/9.21) (from Ch. 144, par. 189.21)
| 7 | | Sec. 9.21. Human Relations.
| 8 | | (a) The Board shall monitor, budget, evaluate, and report | 9 | | to the General
Assembly in accordance with Section 9.16 of this | 10 | | Act on programs to improve
human relations to include race, | 11 | | ethnicity, gender and other issues related
to improving human | 12 | | relations. The programs shall at least:
| 13 | | (1) require each public institution of higher | 14 | | education to include, in
the general education | 15 | | requirements for obtaining a degree, coursework on
| 16 | | improving human relations to include race, ethnicity, | 17 | | gender and other
issues related to improving human | 18 | | relations to address racism and sexual
harassment on their | 19 | | campuses, through existing courses;
| 20 | | (1.5) beginning with the 2019-2020 academic year, | 21 | | require each higher education institution, as defined | 22 | | under subsection (b) of this Section, to require all | 23 | | entering freshmen to receive, during a period of |
| | | HB5746 | - 2 - | LRB100 20400 AXK 35722 b |
|
| 1 | | orientation or in an introductory course offered by the | 2 | | institution, instruction aimed at increasing the awareness | 3 | | and prevention of sexual violence, as defined under | 4 | | subsection (b) of this Section, and hate crimes, as defined | 5 | | under Section 12-7.1 of the Criminal Code of 2012, which | 6 | | shall be in addition to sexual violence primary prevention | 7 | | and awareness programming required under subsection (b) of | 8 | | Section 30 of the Preventing Sexual Violence in Higher | 9 | | Education Act; | 10 | | (2) require each public institution of higher | 11 | | education to report annually
to the Department of Human | 12 | | Rights and the Attorney General on each
adjudicated case in | 13 | | which a finding of racial, ethnic or religious
intimidation | 14 | | or sexual harassment made in a grievance, affirmative | 15 | | action
or other proceeding established by that institution | 16 | | to investigate and
determine allegations of racial, ethnic | 17 | | or religious intimidation and
sexual harassment; and
| 18 | | (3) require each public institution of higher | 19 | | education to forward to
the local State's Attorney any | 20 | | report received by campus security or by a
university | 21 | | police department alleging the commission of a hate crime | 22 | | as
defined under Section 12-7.1 of the Criminal Code of | 23 | | 2012.
| 24 | | (b) In this subsection (b): | 25 | | "Higher education institution" means a public university, | 26 | | a public community college, or an independent, not-for-profit |
| | | HB5746 | - 3 - | LRB100 20400 AXK 35722 b |
|
| 1 | | or for-profit higher education institution located in this | 2 | | State. | 3 | | "Sexual violence" means physical sexual acts attempted or | 4 | | perpetrated against a person's will or when a person is | 5 | | incapable of giving consent, including without limitation | 6 | | rape, sexual assault, sexual battery, sexual abuse, and sexual | 7 | | coercion. | 8 | | On or before November 1, 2017 and on or before every | 9 | | November 1 thereafter, each higher education institution shall | 10 | | provide an annual report, concerning the immediately preceding | 11 | | calendar year, to the Department of Human Rights and the | 12 | | Attorney General with all of the following components: | 13 | | (1) A copy of the higher education institution's most | 14 | | recent comprehensive policy adopted in accordance with | 15 | | Section 10 of the Preventing Sexual Violence in Higher | 16 | | Education Act. | 17 | | (2) A copy of the higher education institution's most | 18 | | recent concise, written notification of a survivor's | 19 | | rights and options under its comprehensive policy, | 20 | | required pursuant to Section 15 of the Preventing Sexual | 21 | | Violence in Higher Education Act. | 22 | | (3) The number, type, and number of attendees, if | 23 | | applicable, of sexual violence primary prevention and | 24 | | awareness programming at the higher education institution. | 25 | | (4) The number of incidents of sexual violence, | 26 | | domestic violence, dating violence, and stalking reported |
| | | HB5746 | - 4 - | LRB100 20400 AXK 35722 b |
|
| 1 | | to the Title IX coordinator or other responsible employee, | 2 | | pursuant to Title IX of the federal Education Amendments of | 3 | | 1972, of the higher education institution. | 4 | | (5) The number of confidential and anonymous reports to | 5 | | the higher education institution of sexual violence, | 6 | | domestic violence, dating violence, and stalking. | 7 | | (6) The number of allegations in which the survivor | 8 | | requested not to proceed with the higher education | 9 | | institution's complaint resolution procedure. | 10 | | (7) The number of allegations of sexual violence, | 11 | | domestic violence, dating violence, and stalking that the | 12 | | higher education institution investigated. | 13 | | (8) The number of allegations of sexual violence, | 14 | | domestic violence, dating violence, and stalking that were | 15 | | referred to local or State law enforcement. | 16 | | (9) The number of allegations of sexual violence, | 17 | | domestic violence, dating violence, and stalking that the | 18 | | higher education institution reviewed through its | 19 | | complaint resolution procedure. | 20 | | (10) With respect to all allegations of sexual | 21 | | violence, domestic violence, dating violence, and stalking | 22 | | reviewed under the higher education institution's | 23 | | complaint resolution procedure, an aggregate list of the | 24 | | number of students who were (i) dismissed or expelled, (ii) | 25 | | suspended, (iii) otherwise disciplined, or (iv) found not | 26 | | responsible for violation of the comprehensive policy |
| | | HB5746 | - 5 - | LRB100 20400 AXK 35722 b |
|
| 1 | | through the complaint resolution procedure during the | 2 | | reporting period. | 3 | | The Office of the Attorney General shall maintain on its | 4 | | Internet website for public inspection a list of all higher | 5 | | education institutions that fail to comply with the annual | 6 | | reporting requirements as set forth in this subsection (b). | 7 | | (Source: P.A. 99-426, eff. 8-21-15.)
|
|