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-Senate_Amendment_001.html

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Sen. Toi W. Hutchinson

Filed: 5/15/2015

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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 procedure.
"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 involved in the complaint
resolution procedure 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.
"Survivor-centered" means a systematic focus on the needs
and concerns of a survivor of sexual violence, domestic
violence, dating violence, or stalking that (i) ensures the
compassionate and sensitive delivery of services in a
nonjudgmental manner; (ii) ensures an understanding of how
trauma affects survivor behavior; (iii) maintains survivor
safety, privacy, and, if possible, confidentiality; and (iv)
recognizes that a survivor is not responsible for the sexual
violence, domestic violence, dating violence, or stalking.
"Trauma-informed response" means a response involving an
understanding of the complexities of sexual violence, domestic
violence, dating violence, or stalking through training
centered on the neurobiological impact of trauma, the influence
of societal myths and stereotypes surrounding sexual violence,
domestic violence, dating violence, or stalking, and
understanding the behavior of perpetrators.
Section 10. Comprehensive policy. On or before August 1,
2016, all higher education institutions shall adopt a
comprehensive policy concerning sexual violence, domestic

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violence, dating violence, and stalking consistent with
governing federal and State law. The higher education
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 that person 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 is incapacitated due to a mental
disability.
Nothing in this Section prevents a higher education

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institution from defining consent in a more demanding
manner.
(2) Procedures that students of the higher education
institution may follow if they choose to report an alleged
violation of the comprehensive policy, regardless of where
the incident of sexual violence, domestic violence, dating
violence, or stalking 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 community-based sexual
assault crisis 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 communications with the
student.

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(D) An option for students to electronically
report.
(E) An option for students to anonymously report.
(F) An option for students to confidentially
report.
(G) An option for reports by third parties and
bystanders.
(3) The higher education institution's procedure for
responding to a report of an alleged incident of sexual
violence, domestic violence, dating violence, or stalking,
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 a report of an alleged
violation of the comprehensive policy, as described in
Section 15 of this Act.
(5) The name, address, and telephone number of the

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medical facility nearest to each campus of the higher
education institution where a survivor may have a medical
forensic examination completed at no cost to the survivor,
pursuant to the Sexual Assault Survivors Emergency
Treatment Act.
(6) The name, telephone number, address, and website
URL, if available, of community-based, State, and national
sexual assault crisis centers.
(7) A statement notifying survivors of the interim
protective measures and accommodations reasonably
available from the higher education institution that a
survivor may request in response to an alleged violation of
the comprehensive policy, including without limitation
changes to academic, living, dining, transportation, and
working situations, obtaining and enforcing campus no
contact orders, and honoring an order of protection or no
contact order entered by a State civil or criminal court.
(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 an alleged violation of the comprehensive
policy.

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(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, an
alleged violation of the higher education institution's
comprehensive policy to a responsible employee, as defined
by federal law, so that the reporting student 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
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 an alleged violation of the
comprehensive policy, file a complaint, or otherwise
participate in the complaint resolution procedure 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 an
alleged violation of the comprehensive policy by or on behalf
of a student, each higher education institution shall, at a
minimum, provide the survivor, when identified, with a concise
notification, written in plain language, of the survivor's

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rights and options, including without limitation:
(1) the survivor's right to report or not report the
alleged 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, a community-based sexual assault
crisis center, campus law enforcement, and local law
enforcement;
(3) the survivor's right to request and receive
assistance from campus authorities in notifying law
enforcement;
(4) the survivor's ability to request interim
protective measures and accommodations for survivors,
including without limitation changes to academic, living,
dining, working, and transportation situations, obtaining
and enforcing a campus-issued order of protection or no
contact order, if such protective measures and
accommodations are reasonably available, and an order of
protection or no contact order in State court;
(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

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(6) a summary of the higher education institution's
complaint resolution procedures, under Section 25 of this
Act, if the survivor reports a violation of the
comprehensive policy.
(b) Within 12 hours after receiving an electronic report,
the higher education institution shall respond to the
electronic reporter and, at a minimum, provide the information
described in subdivisions (1) through (6) of subsection (a) of
this Section and a list of available resources. The higher
education institution may choose the manner in which it
responds including, but not limited to, through verbal or
electronic communication. Nothing in this subsection (b)
limits a higher education institution's obligations under
subsection (a) of this Section.
Section 20. Confidential advisor.
(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 community-based sexual assault crisis center
to provide confidential advisors.
(c) All confidential advisors shall receive 40 hours of

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training on sexual violence, if they have not already completed
this 40-hour training, 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 protective measures and
accommodations, and 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
enforcement.
(2) Notify the survivor of resources and services for
survivors of sexual violence, including, but not limited
to, student services available on campus and through
community-based resources, including without limitation
sexual assault crisis centers, medical treatment
facilities, counseling services, legal resources, medical
forensic services, and mental health services.
(3) Inform the survivor of the survivor's rights and
the higher education institution's responsibilities

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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 survivors of
sexual violence 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, community-based sexual
assault crisis 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 protective
measures and accommodations for the survivor.
Section 25. Complaint resolution procedures.
(a) On or before August 1, 2016, each campus of a higher
education institution shall adopt one procedure to resolve
complaints of alleged student violations of the comprehensive
policy.
(b) For each campus, a higher education institution's
complaint resolution procedures for allegations of student
violation of the comprehensive policy shall provide, at a
minimum, all of the following:

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(1) Complainants alleging student violation of the
comprehensive policy shall have the opportunity to request
that the complaint resolution procedure begin promptly and
proceed in a timely manner.
(2) The higher education institution shall determine
the individuals who will resolve complaints of alleged
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
procedures, 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
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

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comprehensive policy occurred.
(6) The complainant and respondent shall (i) receive
notice of the individual or individuals with authority to
make a finding or impose a sanction in their proceeding
before the individual or individuals initiate contact with
either party and (ii) have the opportunity to request a
substitution if the participation of an individual with
authority to make a finding or impose a sanction poses a
conflict of interest.
(7) The higher education institution shall have a
procedure to determine interim protective measures and
accommodations available pending the resolution of the
complaint.
(8) Any proceeding, meeting, or hearing held to resolve
complaints of alleged student violations of the
comprehensive policy shall protect the privacy of the
participating parties and witnesses.
(9) The complainant, regardless of this person's level
of involvement in the complaint resolution procedure, and
the respondent shall have the opportunity to provide or
present evidence and witnesses on their behalf during the
complaint resolution procedure.
(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

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the individual or individuals resolving the complaint and
respond to the other party.
(11) Both parties may request and must be allowed to
have an advisor of their choice accompany them to any
meeting or proceeding related to an alleged violation of
the comprehensive policy, provided that the involvement of
the advisor does not result in undue delay of the meeting
or proceeding. The advisor must comply with any rules in
the higher education institution's complaint resolution
procedure regarding the advisor's role. If the advisor
violates the rules or engages in behavior or advocacy that
harasses, abuses, or intimidates either party, a witness,
or an individual resolving the complaint, 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 procedure by which each party
can, at a minimum, hear the other party's testimony.
(13) The complainant and the respondent are entitled to
simultaneous, written notification of the results of the
complaint resolution procedure, 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, at a

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minimum, have the right to timely appeal the complaint
resolution procedure's findings or imposed sanctions if
the party alleges (i) a procedural error occurred, (ii) new
information exists that would substantially change the
outcome of the finding, or (iii) the sanction is
disproportionate with the violation. The individual or
individuals reviewing the findings or imposed sanctions
shall not have participated previously in the complaint
resolution procedure 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 necessary to resolve the complaint or to
implement interim protective measures and accommodations
or when 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

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policy, as well as options and resources available to
survivors.
(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
community-based, State, and national hotlines providing

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information to sexual violence survivors.
(b) Beginning with the 2016-2017 academic year, each higher
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.
Each higher education institution's annual training shall,
at a minimum, provide each student who attends one or more
classes on campus 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 of the higher

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education institution with an electronic copy or hard copy of
its comprehensive policy, procedures, and related protocols.
(c) Beginning in the 2016-2017 academic year, a higher
education institution shall provide annual survivor-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 procedure that results from an
alleged incident of sexual violence, domestic violence, dating
violence, or stalking. 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 at or a contracted service provider of the higher
education institution with the employee responsibilities
outlined in clauses (i) through (iii) of this paragraph shall
also receive annual survivor-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 higher

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education 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 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

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incapable of giving consent, including without limitation
rape, sexual assault, sexual battery, sexual abuse, and sexual
coercion.
(b) Each public institution of higher education
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
between 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

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individual to serve on the campus-wide task force:
(A) a community-based sexual assault crisis
center;
(B) a community-based domestic violence agency;
(C) local law enforcement; and
(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)
survivor-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.

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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,
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 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:

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(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
(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,

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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
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

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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
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 number of attendees, 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,

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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 procedure.
(7) The number of allegations of sexual violence,
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 procedure.
(10) With respect to all allegations of sexual
violence, domestic violence, dating violence, and stalking
reviewed under the higher education institution's
complaint resolution procedure, 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 procedure 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

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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:
(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 communications 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 survivors of sexual violence
with the training, duties, and responsibilities described in
Section 20 of the Preventing Sexual Violence in Higher
Education Act.

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"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.
"Survivor" means a student who has experienced sexual
violence while enrolled at a higher education institution.
(c) All communications between a confidential advisor and a
survivor pertaining to an incident of sexual violence shall
remain confidential, unless the 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.

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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
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
communications 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 communications. In such a case,
communications may be disclosed if the court finds, after in
camera examination of the communication, that the
communication is relevant, probative, and not unduly
prejudicial or inflammatory or is otherwise clearly
admissible; that other evidence is demonstrably unsatisfactory
as evidence of the facts sought to be established by the
communication or communications; 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 to any other individual whom
disclosure is likely to harm.
(e) This privilege shall not preclude an individual from

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asserting a greater privilege under federal or State law that
applies.
Section 99. Effective date. This Act takes effect upon
becoming law.".