(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
(Text of Section before amendment by P.A. 103-472) Sec. 5A-101. Definitions. The following definitions are applicable
strictly in the content of this Article, except that the term "sexual
harassment
in elementary, secondary, and
higher education" as defined herein has the meaning herein ascribed to
it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher Education. "Institution of elementary, secondary, or higher education"
means: (1) a
publicly or privately operated university, college,
community
college, junior college, business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary
school level; or
(2) a publicly or privately operated elementary school or secondary school.
(B) Degree. "Degree" means: (1) a
designation, appellation,
series of letters
or words or other symbols which signifies or purports to signify that the
recipient thereof has satisfactorily completed an organized academic, business
or vocational program of study offered beyond the
secondary
school level; or (2) a designation signifying that the recipient has
graduated from an elementary school or secondary school.
(C) Student. "Student" means any individual admitted to or applying for
admission to an institution of elementary, secondary, or higher education, or
enrolled on a full or
part time basis in a course or program of academic, business or vocational
instruction offered by or through an institution of elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education Representative. "Elementary, secondary, or higher education
representative"
means and includes the president, chancellor or other holder of any executive
office on the administrative staff of an institution of higher education,
an administrator of an elementary school or secondary school, a
member of the faculty of an institution of higher education,
including
but not limited to a dean or associate or assistant dean, a professor or
associate or assistant professor, and a full or part time instructor or
visiting professor, including a graduate assistant or other student who
is employed on a temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or vocational
instruction offered by or through an institution of higher education, and any
teacher, instructor, or other employee of an elementary school or secondary school.
(E) Sexual Harassment in Elementary, Secondary, and Higher Education. "Sexual harassment in
elementary, secondary, and
higher
education" means any unwelcome sexual advances or requests for sexual favors
made by an elementary, secondary, or
higher
education representative to a student, or any
conduct of
a sexual nature exhibited by
an elementary, secondary, or
higher education representative
toward a
student, when such conduct has the purpose of substantially interfering
with the student's educational performance or creating an intimidating,
hostile or offensive educational environment; or when the elementary, secondary, or higher education
representative either explicitly or implicitly makes the student's submission
to such conduct a term or condition of, or uses the student's submission
to or rejection of such conduct as a basis for determining:
(1) Whether the student will be admitted to an |
| institution of elementary, secondary, or higher education;
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(2) The educational performance required or expected
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(3) The attendance or assignment requirements
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| applicable to the student;
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(4) To what courses, fields of study or programs,
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| including honors and graduate programs, the student will be admitted;
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(5) What placement or course proficiency requirements
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| are applicable to the student;
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(6) The quality of instruction the student will
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(7) What tuition or fee requirements are applicable
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(8) What scholarship opportunities are available to
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(9) What extracurricular teams the student will be a
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| member of or in what extracurricular competitions the student will participate;
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(10) Any grade the student will receive in any
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| examination or in any course or program of instruction in which the student is enrolled;
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(11) The progress of the student toward successful
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| completion of or graduation from any course or program of instruction in which the student is enrolled; or
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(12) What degree, if any, the student will receive.
(Source: P.A. 96-1319, eff. 7-27-10.)
(Text of Section after amendment by P.A. 103-472)
Sec. 5A-101. Definitions. The following definitions are applicable
strictly in the content of this Article, except that the term "sexual
harassment
in elementary, secondary, and
higher education" as defined herein has the meaning herein ascribed to
it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher Education. "Institution of elementary, secondary, or higher education"
means: (1) a
publicly or privately operated university, college,
community
college, junior college, business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary
school level; or
(2) a publicly or privately operated elementary school or secondary school.
(B) Degree. "Degree" means: (1) a
designation, appellation,
series of letters
or words or other symbols which signifies or purports to signify that the
recipient thereof has satisfactorily completed an organized academic, business
or vocational program of study offered beyond the
secondary
school level; or (2) a designation signifying that the recipient has
graduated from an elementary school or secondary school.
(C) Student. "Student" means any individual admitted to or applying for
admission to an institution of elementary, secondary, or higher education, or
enrolled on a full or
part time basis in a course or program of academic, business or vocational
instruction offered by or through an institution of elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education Representative. "Elementary, secondary, or higher education
representative"
means and includes the president, chancellor or other holder of any executive
office on the administrative staff of an institution of higher education,
an administrator of an elementary school or secondary school, a
member of the faculty of an institution of higher education,
including
but not limited to a dean or associate or assistant dean, a professor or
associate or assistant professor, and a full or part time instructor or
visiting professor, including a graduate assistant or other student who
is employed on a temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or vocational
instruction offered by or through an institution of higher education, and any
teacher, instructor, or other employee of an elementary school or secondary school.
(E) Sexual Harassment in Elementary, Secondary, and Higher Education. "Sexual harassment in
elementary, secondary, and
higher
education" means any unwelcome sexual advances or requests for sexual favors
made by an elementary, secondary, or
higher
education representative to a student, or any
conduct of
a sexual nature exhibited by
an elementary, secondary, or
higher education representative
toward a
student, when such conduct has the purpose of substantially interfering
with the student's educational performance or creating an intimidating,
hostile or offensive educational environment; or when the elementary, secondary, or higher education
representative either explicitly or implicitly makes the student's submission
to such conduct a term or condition of, or uses the student's submission
to or rejection of such conduct as a basis for determining:
(1) Whether the student will be admitted to an
|
| institution of elementary, secondary, or higher education;
|
|
(2) The educational performance required or expected
|
|
(3) The attendance or assignment requirements
|
| applicable to the student;
|
|
(4) To what courses, fields of study or programs,
|
| including honors and graduate programs, the student will be admitted;
|
|
(5) What placement or course proficiency requirements
|
| are applicable to the student;
|
|
(6) The quality of instruction the student will
|
|
(7) What tuition or fee requirements are applicable
|
|
(8) What scholarship opportunities are available to
|
|
(9) What extracurricular teams the student will be a
|
| member of or in what extracurricular competitions the student will participate;
|
|
(10) Any grade the student will receive in any
|
| examination or in any course or program of instruction in which the student is enrolled;
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|
(11) The progress of the student toward successful
|
| completion of or graduation from any course or program of instruction in which the student is enrolled; or
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(12) What degree, if any, the student will receive.
(F) Harassment in Elementary, Secondary, or Higher Education. "Harassment in elementary, secondary, or higher education" means any unwelcome conduct by an elementary, secondary or higher education representative toward a student
on the basis of a student's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service that has the purpose or effect of substantially interfering with a student's educational performance or creating an intimidating, hostile, or offensive educational environment.
(G) Educational Environment. "Educational environment" includes conduct that occurs at school, school-related activities, or events, and may include conduct that occurs off school grounds, subject to applicable State and federal law.
(Source: P.A. 103-472, eff. 8-1-24.)
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