Bill Amendment: IL HB0821 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EDUCATION-TECH

Status: 2015-08-21 - Public Act . . . . . . . . . 99-0426 [HB0821 Detail]

Download: Illinois-2015-HB0821-House_Amendment_001.html

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Rep. Michelle Mussman

Filed: 4/10/2015

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AMENDMENT TO HOUSE BILL 821
AMENDMENT NO. ______. Amend House Bill 821 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Preventing Sexual Violence in Higher Education Act.
Section 5. Definitions. In this Act:
"Awareness programming" means institutional action
designed to communicate the prevalence of sexual violence,
including without limitation training, poster and flyer
campaigns, electronic communications, films, guest speakers,
symposia, conferences, seminars, or panel discussions.
"Bystander intervention" includes without limitation the
act of challenging the social norms that support, condone, or
permit sexual violence.
"Complainant" means a student who files a complaint
alleging violation of the comprehensive policy through the

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higher education institution's complaint resolution process.
"Comprehensive policy" means a policy created and
implemented by a higher education institution to address
student allegations of sexual violence, domestic violence,
dating violence, and stalking.
"Confidential advisor" means a person who is employed or
contracted by a higher education institution to provide
emergency and ongoing support to student survivors of sexual
violence with the training, duties, and responsibilities
described in Section 20 of this Act.
"Higher education institution" means a public university,
a public community college, or an independent, not-for-profit
or for-profit higher education institution located in this
State.
"Primary prevention programming" means institutional
action and strategies intended to prevent sexual violence
before it occurs by means of changing social norms and other
approaches, including without limitation training, poster and
flyer campaigns, electronic communications, films, guest
speakers, symposia, conferences, seminars, or panel
discussions.
"Respondent" means a student who has been accused of
violating a higher education institution's comprehensive
policy.
"Sexual violence" means physical sexual acts attempted or
perpetrated against a person's will or when a person is

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incapable of giving consent, including without limitation
rape, sexual assault, sexual battery, sexual abuse, and sexual
coercion.
"Survivor" means a student who has experienced sexual
violence, domestic violence, dating violence, or stalking
while enrolled at a higher education institution.
"Trauma-informed response" means a response involving an
understanding of the complexities of sexual violence through
training centered on the neurobiological impact of trauma, the
influence of societal myths and stereotypes surrounding sexual
violence, understanding the behavior of perpetrators, and
conducting an effective investigation.
"Victim-centered" means a systematic focus on the needs and
concerns of a victim of sexual violence that (i) ensures the
compassionate and sensitive delivery of services in a
nonjudgmental manner; (ii) ensures an understanding of how
trauma affects victim behavior; (iii) maintains victim safety,
privacy, and, if possible, confidentiality; and (iv)
recognizes that a victim is not responsible for the sexual
violence.
Section 10. Comprehensive policy. On or before August 1,
2016, all higher education institutions shall adopt a
comprehensive policy concerning sexual violence, domestic
violence, dating violence, and stalking consistent with
governing federal and State law. The higher education

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institution's comprehensive policy shall include, at a
minimum, all of the following components:
(1) A definition of consent that, at a minimum,
recognizes that (i) consent is a freely given agreement to
sexual activity, (ii) a person's lack of verbal or physical
resistance or submission resulting from the use or threat
of force does not constitute consent, (iii) a person's
manner of dress does not constitute consent, (iv) a
person's consent to past sexual activity does not
constitute consent to future sexual activity, (v) a
person's consent to engage in sexual activity with one
person does not constitute consent to engage in sexual
activity with another, (vi) a person can withdraw consent
at any time, and (vii) a person cannot consent to sexual
activity if he or she is unable to understand the nature of
the activity or give knowing consent due to circumstances,
including without limitation the following:
(A) the person is incapacitated due to the use or
influence of alcohol or drugs;
(B) the person is asleep or unconscious;
(C) the person is under age; or
(D) the person has a mental disability.
Nothing in this Section prevents a higher education
institution from defining consent in a manner that is more
demanding.
(2) Procedures that students of the higher education

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institution may follow if they choose to report a violation
of the comprehensive policy, regardless of where the
incident occurred, including all of the following:
(A) Name and contact information for the Title IX
coordinator, campus law enforcement or security, local
law enforcement, and the local sexual assault or rape
crisis service center.
(B) The name, title, and contact information for
confidential advisors and other confidential resources
and a description of what confidential reporting
means.
(C) Information regarding the various individuals,
departments, or organizations to whom a student may
report a violation of the comprehensive policy,
specifying for each individual and entity (i) the
extent of the individual's or entity's reporting
obligation, (ii) the extent of the individual's or
entity's ability to protect the student's privacy, and
(iii) the extent of the individual's or entity's
ability to have confidential communication with the
student.
(D) An option for students to electronically
report.
(E) An option for students to anonymously report.
(F) An option for students to confidentially
report.

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(G) An option for reports by third parties and
bystanders.
(3) The higher education institution's procedure for
responding to a report of an incident, including without
limitation (i) assisting and interviewing the survivor,
(ii) identifying and locating witnesses, (iii) contacting
and interviewing the respondent, (iv) contacting and
cooperating with law enforcement, when applicable, and (v)
providing information regarding the importance of
preserving physical evidence of the sexual violence and the
availability of a medical forensic examination at no charge
to the survivor.
(4) A statement of the higher education institution's
obligation to provide survivors with concise information,
written in plain language, concerning the survivor's
rights and options, upon receiving notice of a violation of
the comprehensive policy, as described in Section 15 of
this Act.
(5) The name, address, and telephone number of the
nearest medical facility where a survivor may have a
medical forensic examination completed at no cost to the
survivor.
(6) The name, telephone number, address, and website
URL, if available, of local, State, and national rape or
sexual assault crisis centers.
(7) A statement notifying survivors of immediate steps

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and interim remedies reasonably available from the higher
education institution, including without limitation
obtaining and enforcing a no contact order or protective
order and changing academic schedules, living
arrangements, campus transportation, or work placement or
schedules in response to a violation of the comprehensive
policy.
(8) The higher education institution's complaint
resolution procedures if a student alleges violation of the
comprehensive violence policy, including, at a minimum,
the guidelines set forth in Section 25 of this Act.
(9) A statement of the range of sanctions the higher
education institution may impose following the
implementation of its complaint resolution procedures in
response to a violation of the comprehensive policy.
(10) A statement of the higher education institution's
obligation to include an amnesty provision that provides
immunity to any student who reports, in good faith,
violation of the higher education institution's
comprehensive policy to a responsible employee, as defined
by federal law, so that he or she will not receive a
disciplinary sanction by the institution for a student
conduct violation, such as underage drinking, that is
revealed in the course of such a report, unless the
institution determines that the violation was egregious,
including without limitation an action that places the

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health or safety of any other person at risk.
(11) A statement of the higher education institution's
prohibition on retaliation against those who, in good
faith, report or disclose a violation of the comprehensive
policy, file a complaint, or otherwise participate in the
complaint resolution process and available sanctions for
individuals who engage in retaliatory conduct.
Section 15. Student notification of rights and options.
(a) On or before August 1, 2016, upon being notified of a
violation of the comprehensive policy by or on behalf of a
student, each higher education institution shall, at a minimum,
provide the student survivor, when identified, with a concise
notification, written in plain language, of the survivor's
rights and options, including without limitation:
(1) the survivor's right to report or not report the
incident to the higher education institution, law
enforcement, or both, including information about the
survivor's right to privacy and which reporting methods are
confidential;
(2) the contact information for the higher education
institution's Title IX coordinator or coordinators,
confidential advisors, local rape crisis centers, campus
law enforcement, and local law enforcement;
(3) the survivor's right to request and receive
assistance from campus authorities in notifying law

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enforcement;
(4) the availability of interim remedies to survivors
of sexual violence, domestic violence, dating violence,
and stalking, including without limitation obtaining and
enforcing an order of protection or civil no contact order
on campus or in State court, changing housing, or changing
the class schedule;
(5) the higher education institution's ability to
provide assistance, upon the survivor's request, in
accessing and navigating campus and local health and mental
health services, counseling, and advocacy services; and
(6) a summary of the higher education institution's
complaint resolution procedures, under Section 25 of this
Act, if the student survivor reports a violation of the
comprehensive policy.
(b) Within 12 hours after receiving an electronic report,
the higher education institution shall contact, electronically
or otherwise, the individual who submitted the electronic
report of sexual violence, domestic violence, dating violence,
or stalking. The higher education institution shall provide the
individual making the electronic report a copy of the concise,
written notification of the student survivor's rights and
options and a list of available resources as a part of the
initial contact with the electronic reporter.
Section 20. Confidential advisor.

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(a) Each higher education institution shall provide
students with access to confidential advisors to provide
emergency and ongoing support to survivors of sexual violence.
(b) The confidential advisors may not be individuals on
campus who are designated as responsible employees under Title
IX of the federal Education Amendments of 1972. Nothing in this
Section precludes a higher education institution from
partnering with a sexual assault or rape crisis center to
provide confidential advisors.
(c) All confidential advisors shall receive 40 hours of
training on sexual violence before being designated a
confidential advisor and shall attend a minimum of 6 hours of
ongoing education training annually on issues related to sexual
violence to remain a confidential advisor. Confidential
advisors shall also receive periodic training on the campus
administrative processes, interim measures, academic and other
accommodations, and the Title IX complaint resolution
procedures.
(d) In the course of working with a survivor, each
confidential advisor shall, at a minimum, do all of the
following:
(1) Inform the survivor of the survivor's choice of
possible next steps regarding the survivor's reporting
options and possible outcomes, including without
limitation reporting pursuant to the higher education
institution's comprehensive policy and notifying local law

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enforcement.
(2) Notify the survivor of resources and services for
student survivors of sexual violence, including, but not
limited to, student services available on campus and
through community-based resources, including without
limitation sexual assault or rape crisis centers, medical
treatment facilities, counseling services, legal options,
medical forensic services, and mental health services.
(3) Advise the survivor of the survivor's rights and
the higher education institution's responsibilities
regarding orders of protection, no contact orders, or
similar lawful orders issued by the higher education
institution or a criminal or civil court.
(4) Provide confidential services to and have
privileged, confidential communications with students in
accordance with Section 8-804 of the Code of Civil
Procedure.
(5) Upon the survivor's request and as appropriate,
liaise with campus officials, rape crisis centers, sexual
assault centers, or local law enforcement and, if
requested, assist the survivor with contacting and
reporting to campus officials, campus law enforcement, or
local law enforcement.
(6) Upon the survivor's request, liaise with the
necessary campus authorities to secure interim remedies
and accommodations for the survivor.

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Section 25. Complaint resolution guidelines.
(a) On or before August 1, 2016, each higher education
institution shall adopt one procedure to resolve complaints of
student violations of the comprehensive policy.
(b) A higher education institution's complaint resolution
procedure for allegations of student violation of the
comprehensive policy shall provide, at a minimum, all of the
following:
(1) Complainants alleging student violation of the
comprehensive policy shall have the opportunity to request
that the complaint resolution process begin promptly and
proceed in a timely manner.
(2) The higher education institution shall determine
the individuals who will resolve complaints of student
violations of the comprehensive policy.
(3) All individuals whose duties include resolution of
complaints of student violations of the comprehensive
policy shall receive a minimum of 8 to 10 hours of annual
training on issues related to sexual violence, domestic
violence, dating violence, and stalking and how to conduct
the higher education institution's complaint resolution
process, in addition to the annual training required for
employees as provided in subsection (c) of Section 30 of
this Act.
(4) The higher education institution shall have a

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sufficient number of individuals trained to resolve
complaints so that (i) a substitution can occur in the case
of a conflict of interest or recusal and (ii) an individual
or individuals with no prior involvement in the initial
determination or finding hear any appeal brought by a
party.
(5) The individual or individuals resolving a
complaint shall use a preponderance of the evidence
standard to determine whether the alleged violation of the
comprehensive policy occurred.
(6) The complainant and respondent shall (i) receive
notice of the individual or individuals with
decision-making authority in their proceeding prior to
having any contact with the individual or individuals and
(ii) have the opportunity to request a substitution if the
participation of a decision maker poses a conflict of
interest.
(7) The higher education institution shall have a
process to determine interim actions and remedies
available pending the resolution of the complaint.
(8) Any proceeding, meeting, or hearing held to resolve
complaints of student violations of the comprehensive
policy shall protect the privacy of the participating
parties and witnesses.
(9) The complainant, regardless of his or her level of
involvement in the process, and the respondent shall have

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the opportunity to provide or present evidence and
witnesses on their behalf during the complaint resolution
process.
(10) The complainant and the respondent may not
directly cross examine one another, but may, at the
discretion and direction of the individual or individuals
resolving the complaint, suggest questions to be posed by
the individual or individuals resolving the complaint and
respond to the other party.
(11) Both parties may request to have an advisor of
their choice accompany them to any meeting or proceeding
related to a violation of the comprehensive policy,
provided that the involvement of the advisor does not
result in undue delay of the meeting or proceeding and that
the advisor participates in a respectful manner. If the
advisor engages in behavior or advocacy that harasses,
abuses, or intimidates either party, that advisor may be
prohibited from further participation.
(12) The complainant and the respondent may not be
compelled to testify, if the complaint resolution
procedure involves a hearing, in the presence of the other
party. If a party invokes this right, the higher education
institution shall provide a process by which the other
party can see and hear the other party's testimony.
(13) The complainant and the respondent are entitled to
simultaneous, written notification of the results of any

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complaint resolution proceeding, including information
regarding appeal rights, within 7 days of a decision or
sooner if required by State or federal law.
(14) The complainant and the respondent shall have the
right to timely appeal the complaint resolution
proceeding's findings or imposed sanctions. The individual
or individuals reviewing the findings or imposed sanctions
shall not have participated previously in the complaint
resolution process and shall not have a conflict of
interest with either party. The complainant and the
respondent shall receive the appeal decision in writing
within 7 days after the conclusion of the review of
findings or sanctions or sooner if required by federal or
State law.
(15) The higher education institution shall not
disclose the identity of the survivor or the respondent,
except as provided by State or federal law.
Section 30. Campus training, education, and awareness.
(a) On or before August 1, 2016, a higher education
institution shall prominently publish, timely update, and have
easily available on its Internet website all of the following
information:
(1) The higher education institution's comprehensive
policy, as well as options and resources available to
survivors.

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(2) The higher education institution's student
notification of rights and options described in Section 15
of this Act.
(3) The name and contact information for all of the
higher education institution's Title IX coordinators.
(4) An explanation of the role of (i) Title IX
coordinators, including deputy or assistant Title IX
coordinators, under Title IX of the federal Education
Amendments of 1972, (ii) responsible employees under Title
IX of the federal Education Amendments of 1972, (iii)
campus security authorities under the federal Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime
Statistics Act, and (iv) mandated reporters under the
Abused and Neglected Child Reporting Act and the reporting
obligations of each, as well as the level of
confidentiality each is allowed to provide to reporting
students under relevant federal and State law.
(5) The name, title, and contact information for all
confidential advisors, counseling services, and
confidential resources that can provide a confidential
response to a report and a description of what confidential
reporting means.
(6) The telephone number and website URL for local,
State, and national hotlines providing information to
sexual violence survivors.
(b) Beginning with the 2016-2017 academic year, each higher

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education institution shall provide sexual violence primary
prevention and awareness programming for all students who
attend one or more classes on campus, which shall include, at a
minimum, annual training as described in this subsection (b).
Nothing in this Section shall be construed to limit the higher
education institution's ability to conduct additional ongoing
sexual violence primary prevention and awareness programming.
The annual training shall ensure that each student who
attends one or more classes on campus receives information
regarding the higher education institution's comprehensive
policy, including without limitation the following:
(1) the institution's definitions of consent,
inability to consent, and retaliation as they relate to
sexual violence;
(2) reporting to the higher education institution,
campus law enforcement, and local law enforcement;
(3) reporting to the confidential advisor or other
confidential resources;
(4) available survivor services; and
(5) strategies for bystander intervention and risk
reduction.
At the beginning of each academic year, each higher
education institution shall provide each student, student
group, team, and organization of the higher education
institution with an electronic copy or hard copy of its
comprehensive policy and related protocols.

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(c) Beginning in the 2016-2017 academic year, a higher
education institution shall provide annual victim-centered and
trauma-informed response training to any employee of the higher
education institution who is involved in (i) the receipt of a
student report of an alleged incident of sexual violence,
domestic violence, dating violence, or stalking, (ii) the
referral or provision of services to a survivor, or (iii) any
campus complaint resolution proceedings that result from an
alleged incident. Employees falling under this description
include without limitation the Title IX coordinator, members of
the higher education institution's campus law enforcement, and
campus security. An enrolled student who is appointed to serve
as a residence-life advisor and an employee or contracted
service provider that provides campus security shall also
receive annual victim-centered and trauma-informed response
training.
The higher education institution shall design the training
to improve the trainee's ability to understand (i) the higher
education institution's comprehensive policy; (ii) the
relevant federal and State law concerning survivors of sexual
violence, domestic violence, dating violence, and stalking at
higher education institutions; (iii) the roles of the
institution, medical providers, law enforcement, and community
agencies in ensuring a coordinated response to a reported
incident of sexual violence; (iv) the effects of trauma on a
survivor; (v) the types of conduct that constitute sexual

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violence, domestic violence, dating violence, and stalking,
including same-sex violence; and (vi) consent and the role
drugs and alcohol use can have on the ability to consent. The
training shall also seek to improve the trainee's ability to
respond with cultural sensitivity; provide services to or
assist in locating services for a survivor, as appropriate; and
communicate sensitively and compassionately with a survivor of
sexual violence, domestic violence, dating violence, or
stalking.
Section 75. The Campus Security Enhancement Act of 2008 is
amended by changing Section 10 as follows:
(110 ILCS 12/10)
Sec. 10. Task Community task force.
(a) In this Section:
"Higher education institution" means a public university,
a public community college, or an independent, not-for-profit
or for-profit higher education institution located in this
State.
"Sexual violence" means physical sexual acts attempted or
perpetrated against a person's will or when a person is
incapable of giving consent, including without limitation
rape, sexual assault, sexual battery, sexual abuse, and sexual
coercion.
(b) Each public institution of higher education

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institution shall either establish their own campus-wide task
force or participate in a regional task force, as set out in
this Section, on or before August 1, 2016. The task forces
shall be composed of representatives of campus staff, campus
students, community-based organizations, and law enforcement.
The task forces shall work toward improving coordination by
December 1, 1996, a community task force for the purpose of
coordinating with community leaders and service providers to
prevent sexual violence, domestic violence, dating violence,
and stalking assaults and to ensure a coordinated response both
in terms of law enforcement and victim services.
(1) The participants of the campus-wide task force
shall consist of individuals, including campus staff,
faculty, and students, selected by the president or
chancellor of each higher education institution or the
president's or chancellor's designee, which must include
various stakeholders on the issue of sexual violence,
domestic violence, dating violence, and stalking.
The president or chancellor of each higher education
institution or the president's or chancellor's designee
shall invite each of the following entities to identify an
individual to serve on the campus-wide task force:
(A) a community-based sexual assault or rape
crisis service center;
(B) a community-based domestic violence agency;
(C) local law enforcement; and

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(D) the local State's Attorney's office.
Each higher education institution may make available
to members of the campus-wide task force training on (i)
the awareness and prevention of sexual violence, domestic
violence, dating violence, and stalking and communicating
with and providing assistance to a student survivor of
sexual violence, domestic violence, dating violence, and
stalking; (ii) the higher education institution's
comprehensive policy concerning sexual violence, domestic
violence, dating violence, and stalking; (iii) the
provisions of federal and State law concerning survivors of
sexual violence, domestic violence, dating violence, and
stalking at higher education institutions; (iv)
victim-centered responses and the role of community-based
advocates; (v) the role and functions of each member on
such campus-wide task force for the purpose of ensuring a
coordinated response to reported incidences of sexual
violence, domestic violence, dating violence, and
stalking; and (vi) trauma-informed responses to sexual
violence, domestic violence, dating violence, and
stalking.
The campus-wide task force shall meet at least 2 times
per calendar year for the purpose of discussing and
improving upon the following areas:
(I) best practices as they relate to prevention,
awareness, education, and response to sexual violence,

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domestic violence, dating violence, and stalking;
(II) the higher education institution's
comprehensive policy and procedures; and
(III) collaboration and information-sharing among
the higher education institution, community-based
organizations, and law enforcement, including without
limitation discussing memoranda of understanding,
protocols, or other practices for cooperation.
(2) Any regional task force in which a higher education
institution participates shall have representatives from
the following: higher education institutions,
community-based sexual assault or rape crisis centers and
domestic violence organizations, and law enforcement
agencies in the region, including, police, State's
Attorney's offices, and other relevant law enforcement
agencies. A higher education institution shall send
appropriate designees, including faculty, staff, and
students, to participate in the regional task force.
The regional task force shall meet at least 2 times per
calendar year for the purpose of discussing and improving
upon the following areas:
(A) best practices as they relate to prevention of,
awareness of, education concerning, and the response
to sexual violence, domestic violence, dating
violence, and stalking;
(B) sexual violence policies and procedures; and

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(C) collaboration and information-sharing among
higher education institutions, community-based
organizations, and law enforcement, including without
limitation discussing memoranda of understanding,
protocols, or other practices for cooperation.
(Source: P.A. 88-629, eff. 9-9-94.)
Section 80. The Board of Higher Education Act is amended by
changing Section 9.21 as follows:
(110 ILCS 205/9.21) (from Ch. 144, par. 189.21)
Sec. 9.21. Human Relations.
(a) The Board shall monitor, budget, evaluate, and report
to the General Assembly in accordance with Section 9.16 of this
Act on programs to improve human relations to include race,
ethnicity, gender and other issues related to improving human
relations. The programs shall at least:
(1) require each public institution of higher
education to include, in the general education
requirements for obtaining a degree, coursework on
improving human relations to include race, ethnicity,
gender and other issues related to improving human
relations to address racism and sexual harassment on their
campuses, through existing courses;
(2) require each public institution of higher
education to report annually monthly to the Department of

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Human Rights and the Attorney General on each adjudicated
case in which a finding of racial, ethnic or religious
intimidation or sexual harassment made in a grievance,
affirmative action or other proceeding established by that
institution to investigate and determine allegations of
racial, ethnic or religious intimidation and sexual
harassment; and
(3) require each public institution of higher
education to forward to the local State's Attorney any
report received by campus security or by a university
police department alleging the commission of a hate crime
as defined under Section 12-7.1 of the Criminal Code of
2012.
(b) In this subsection (b):
"Higher education institution" means a public university,
a public community college, or an independent, not-for-profit
or for-profit higher education institution located in this
State.
"Sexual violence" means physical sexual acts attempted or
perpetrated against a person's will or when a person is
incapable of giving consent, including without limitation
rape, sexual assault, sexual battery, sexual abuse, and sexual
coercion.
On or before November 1, 2017 and on or before every
November 1 thereafter, each higher education institution shall
provide an annual report, concerning the immediately preceding

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calendar year, to the Department of Human Rights and the
Attorney General with all of the following components:
(1) A copy of the higher education institution's most
recent comprehensive policy adopted in accordance with
Section 10 of the Preventing Sexual Violence in Higher
Education Act.
(2) A copy of the higher education institution's most
recent concise, written notification of a survivor's
rights and options under its comprehensive policy,
required pursuant to Section 15 of the Preventing Sexual
Violence in Higher Education Act.
(3) The number, type, and attendance, if applicable, of
primary prevention and awareness programming at the higher
education institution.
(4) The number of incidents of sexual violence,
domestic violence, dating violence, and stalking reported
to the Title IX coordinator or other responsible employee,
pursuant to Title IX of the federal Education Amendments of
1972, of the higher education institution.
(5) The number of confidential and anonymous reports to
the higher education institution of sexual violence,
domestic violence, dating violence, and stalking.
(6) The number of allegations in which the survivor
requested not to proceed with the higher education
institution's complaint resolution process.
(7) The number of allegations of sexual violence,

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domestic violence, dating violence, and stalking that the
higher education institution investigated.
(8) The number of allegations of sexual violence,
domestic violence, dating violence, and stalking that were
referred to local or State law enforcement.
(9) The number of allegations of sexual violence,
domestic violence, dating violence, and stalking that the
higher education institution reviewed through its
complaint resolution.
(10) With respect to all allegations of sexual
violence, domestic violence, dating violence, and stalking
reviewed under the higher education institution's
complaint resolution process, an aggregate list of the
number of students who were (i) dismissed or expelled, (ii)
suspended, (iii) otherwise disciplined, or (iv) found not
responsible for violation of the comprehensive policy
through the complaint resolution process during the
reporting period.
The Office of the Attorney General shall maintain on its
Internet website for public inspection a list of all higher
education institutions that fail to comply with the annual
reporting requirements as set forth in this subsection (b).
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 85. The Code of Civil Procedure is amended by
adding Section 8-804 as follows:

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(735 ILCS 5/8-804 new)
Sec. 8-804. Confidential advisor.
(a) This Section is intended to protect students at higher
education institutions in this State who are survivors of
sexual violence from public disclosure of statements they make
in confidence to confidential advisors. Because of the fear,
stigma, and trauma that often result from incidents of sexual
violence, many survivors hesitate to report or seek help, even
when it is available at no cost to them. As a result, they not
only fail to receive needed medical care and emergency
counseling, but may lack the psychological support necessary to
report the incident of sexual violence to the higher education
institution or law enforcement.
(b) In this Section:
"Confidential advisor" means a person who is employed or
contracted by a higher education institution to provide
emergency and ongoing support to student survivors of sexual
violence with the training, duties, and responsibilities
described in Section 20 of the Preventing Sexual Violence in
Higher Education Act.
"Higher education institution" means a public university,
a public community college, or an independent, not-for-profit
or for-profit higher education institution located in this
State.
"Sexual violence" means physical sexual acts attempted or

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perpetrated against a person's will or when a person is
incapable of giving consent, including without limitation
rape, sexual assault, sexual battery, sexual abuse, and sexual
coercion.
"Survivor" means a student who has experienced sexual
violence, domestic violence, dating violence, or stalking
while enrolled at a higher education institution.
(c) All communications between a confidential advisor and a
student survivor pertaining to an incident of sexual violence
shall remain confidential, unless the student survivor
consents to the disclosure of the communication in writing, the
disclosure falls within one of the exceptions outlined in
subsection (d) of this Section, or failure to disclose the
communication would violate State or federal law.
Communications include all records kept by the confidential
advisor in the course of providing the survivor with services
related to the incident of sexual violence.
(d) The confidential advisor may disclose confidential
communications between the confidential advisor and the
survivor if failure to disclose would result in a clear,
imminent risk of serious physical injury to or death of the
survivor or another person.
The confidential advisor shall have no obligation to report
crimes to the higher education institution or law enforcement,
except to report to the Title IX coordinator, as defined by
Title IX of the federal Education Amendments of 1972, on a

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monthly basis the number and type of incidents of sexual
violence reported exclusively to the confidential advisor in
accordance with the higher education institution's reporting
requirements under subsection (b) of Section 9.21 of the Board
of Higher Education Act and under federal law.
If, in any judicial proceeding, a party alleges that the
statements are necessary to the determination of any issue
before the court and written consent to disclosure has not been
given, the party may ask the court to consider ordering the
disclosure of the statements. In such a case, statements may be
disclosed if the court finds, after in camera examination of
the statement, that it is relevant, probative, not unduly
prejudicial or inflammatory, or otherwise clearly admissible;
that other evidence is demonstrably unsatisfactory as evidence
of the facts sought to be established by the statement or
statements; and that disclosure is more important to the
interests of substantial justice than protection from injury to
the confidential advisor-survivor relationship, to the
survivor, or any other individual whom disclosure is likely to
harm.
Section 99. Effective date. This Act takes effect upon
becoming law.".