Bill Amendment: IL HB4990 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HIGHER ED-PREVENT SEX VIOLENCE

Status: 2026-06-01 - Senate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee [HB4990 Detail]

Download: Illinois-2025-HB4990-Senate_Amendment_003.html

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Sen. Graciela Guzm�n

Filed: 5/22/2026

 

 

 

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AMENDMENT TO HOUSE BILL 4990
AMENDMENT NO. ______. Amend House Bill 4990, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Preventing Sexual Violence in Higher
Education Act is amended by changing Sections 5, 10, 15, 20,
25, and 30 and by adding Section 40 as follows:
(110 ILCS 155/5)
Sec. 5. Definitions. In this Act:
"Annual report" means the annual report required to be
submitted by a higher education institution to the Attorney
General and the Department of Human Rights under subsection
(b) of Section 9.21 of the Board of Higher Education Act that
includes the comprehensive policy adopted under Section 10 of
this Act and the written notification of survivor's rights and
options required under Section 15 of this Act.

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"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
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, and sexual harassment.
"Complaint advisor" means a person chosen by a complainant
or respondent to advise the complainant or respondent
regarding the complaint resolution procedure, who may
accompany the complainant or respondent to any meeting,
interview, or hearing with the individual or individuals who
will resolve a complaint related to an alleged violation of
the comprehensive policy and who may be appointed by a higher
education institution for a party at the request of that
party. "Complaint advisor" includes, but is not limited to, an
attorney. "Complaint advisor" does not include a complainant's
confidential advisor, unless the complainant requests that the

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confidential advisor serve as the complainant's complaint
advisor and the confidential advisor agrees to serve as such.
"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, domestic violence, dating violence, stalking, and
sexual harassment, with the training, duties, and
responsibilities described in Section 20 of this Act.
"Confidential advisor" does not include a complainant's
complaint advisor, unless the complainant requests that the
confidential advisor serve as the complainant's complaint
advisor and the confidential advisor agrees to serve as such.
"Dating violence" means any act of abuse committed by a
person who is or has been in a romantic or intimate
relationship with a survivor.
"Digital sexual harassment" means technology-facilitated
abusive acts, including, but not limited to, repeated,
unwelcome electronic communications based on sex or containing
sexually-explicit material, and actual or threatened
dissemination of a private or digitally altered sexual image
without the depicted individual's consent, as defined in
Section 5 of the Civil Remedies for Nonconsensual
Dissemination of Private Sexual Images Act.
"Domestic violence" means any act of abuse as defined in
the Illinois Domestic Violence Act of 1986.
"Higher education institution" means a public university,

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a public community college, or an independent, not-for-profit
or for-profit higher education institution located in this
State.
"Lack of capacity" means an inability to give knowing and
affirming consent.
"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.
"Retaliation" means any action taken against a person,
including, but not limited to, intimidation, threats,
coercion, or discrimination, to purposefully or knowingly
interfere with any right or privilege secured by this Act or
Title IX of the federal Education Amendments of 1972 because
that person reported information, made a complaint, testified,
assisted, or participated or refused to participate in any
manner in an investigation, proceeding, or hearing, including
in an informal resolution process. "Retaliation" includes
actions by a student, a higher education institution, an
employee or other individual authorized by a higher education

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institution to provide aid, a benefit, or a service under an
education program or activity of the higher education
institution, or a third party acting on behalf of a higher
education institution or a respondent.
"Sexual harassment" means unwelcome sex-based conduct,
including, but not limited to, unwanted sexual advances,
unwanted requests for sexual favors, or any unwanted verbal,
nonverbal, or physical conduct that is sex-based or that is
related to a person's sex, sexual orientation, or gender
identity, toward a student that (i) a reasonable person would
view as substantially interfering with the student's
educational performance or participation in a program or
activity of a higher education institution, including, but not
limited to, any mental or physical health impacts, any new or
increased challenges with focusing on academics or activities,
any fear or anxiety about attending class or activities, or
the need to alter routines or class or activity schedules to
avoid another student, or (ii) creates an environment that a
reasonable person would consider to be intimidating, hostile,
or offensive. "Sexual harassment" includes digital sexual
harassment.
"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.

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"Stalking" has the meaning given to that term in the
Stalking No Contact Order Act.
"Survivor" means a student enrolled at a higher education
institution who has self-identified as having experienced
sexual violence, domestic violence, dating violence, or
stalking, or sexual harassment 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, or sexual harassment
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, or sexual harassment.
"Trauma-informed response" means a response involving an
understanding of the complexities of sexual violence, domestic
violence, dating violence, or stalking, or sexual harassment
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, or sexual harassment, and understanding
the behavior of perpetrators. "Trauma-informed response"
includes empowering survivors to make their own decisions

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regarding care, healing, supportive measures, and whether to
report or engage with systems and then supporting those
decisions.
(Source: P.A. 99-426, eff. 8-21-15.)
(110 ILCS 155/10)
Sec. 10. Comprehensive policy.
(a) All On or before August 1, 2016, all higher education
institutions shall adopt a comprehensive policy concerning
sexual violence, domestic violence, dating violence, and
stalking, and sexual harassment 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

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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 has a lack of capacity 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 lack of capacity is
incapacitated due to a mental disability.
Nothing in this Section prevents a higher education
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, or sexual harassment 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

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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.
(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. However, while third parties and
bystanders may report, the higher education
institution may not compel a survivor's participation
in a complaint resolution procedure.
(H) Information about how the higher education
institution prohibits and responds to retaliation and
the process for reporting retaliation under the
comprehensive policy.
(3) The higher education institution's procedure for

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responding to a report of an alleged incident of sexual
violence, domestic violence, dating violence, or stalking,
or sexual harassment, 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, and (vi) providing information
about how the higher education institution prohibits and
responds to retaliation and the process for reporting
retaliation under the comprehensive policy.
(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
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.

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(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 and supportive 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 how the higher
education institution supports the honoring of 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. Sanctions may include, but are not limited to,
suspension, expulsion, or removal of the student found,
after complaint resolution procedures, to be in violation

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of the comprehensive policy of the higher education
institution.
(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 higher education
institution for a student conduct violation, such as
underage drinking or possession or use of a controlled
substance, 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 significant or serious 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.
(b) On or before August 1, 2027, each higher education
institution shall update its comprehensive policy to ensure
compliance with this amendatory Act of the 104th General

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Assembly.
(c) Each higher education institution shall act in
accordance with its comprehensive policy. Beginning August 1,
2027, any party that is aggrieved by a material failure of a
higher education institution to substantially comply with this
Section may bring a civil lawsuit. The lawsuit must be brought
no later than 4 years after the alleged violation of this
Section. The court may not find that a higher education
institution violated this Section if the higher education
institution demonstrates substantial compliance in good faith
with its comprehensive policy, adopted pursuant to this
Section, and applicable law in effect at the time of the
alleged violation. If the court finds by a preponderance of
the evidence that a higher education institution acted with
deliberate indifference in violating this Section or in
disregarding the safety of the aggrieved party, the court may
award actual and punitive damages. Punitive damages may be
awarded only if there is evidence of intentional misconduct or
deliberate indifference regarding student safety. The court,
as it deems appropriate, may grant, as relief, a permanent or
preliminary negative or mandatory injunction, temporary
restraining order, or other order.
Upon a motion, a court shall award reasonable attorney's
fees and costs, including expert witness fees and other
litigation expenses, to a plaintiff who is a prevailing party
in any action brought under this subsection (c). In awarding

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reasonable attorney's fees, the court shall consider the
degree to which the relief obtained relates to the relief
sought.
(d) Except where emergency injunctive relief is sought, an
aggrieved party must provide written notice to the higher
education institution identifying the alleged violation and
allow the higher education institution 30 days to cure or
address the alleged noncompliance prior to filing a civil
action under subsection (c), to be referred to as the 30-day
period to cure. The aggrieved party may bring a civil lawsuit
after the higher education institution's 30-day period to
cure. Emergency injunctive relief shall be limited to ongoing
or imminent violations of this Section. The applicable statute
of limitations shall toll during the 30-day period to cure.
(e) Nothing in this Section may be construed to require an
exhaustion of any administrative complaint process, other than
as provided in subsection (d), before civil law remedies may
be pursued.
(f) Notwithstanding any other provision of this Section,
if the Attorney General has reasonable cause to believe that a
higher education institution has engaged in a material
violation of Section 10, the Attorney General may commence a
civil action in the name of the People of the State of Illinois
to obtain appropriate equitable and declaratory relief.
(g) Nothing in this Section may be construed to limit the
authority of the Attorney General to bring an action or seek

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relief under the Illinois Human Rights Act or any other
applicable law.
(h) Nothing in this Section shall preclude any other
remedy or relief available to an aggrieved party under
applicable law.
(Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16;
100-1087, eff. 1-1-19.)
(110 ILCS 155/15)
Sec. 15. Student notification of rights and options.
(a) Upon 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 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, as well as the survivor's right to
participate or not participate in any investigation into
the alleged incident;
(2) the contact information for the higher education
institution's Title IX coordinator or coordinators,
confidential advisors, a community-based sexual assault

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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 and supportive measures and accommodations for
survivors, including without limitation changes to
academic, living, dining, working, and transportation
situations and , obtaining and enforcing a campus-issued
order of protection or no contact order, if such
protective and supportive 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
(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; and .
(7) information about how the higher education
institution prohibits and responds to retaliation and the
process for reporting retaliation under the comprehensive

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policy.
(b) Within 12 hours after receiving an electronic report
or by the next business day for other reports, the higher
education institution shall respond to the electronic
reporter. If the reporter is not the survivor, the higher
education institution shall also contact the survivor, if
known, by the next business day following receipt of the
report. The separate responses to the reporter and the
survivor must and, at a minimum, provide the information
described in subdivisions (1) through (7) (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.
(Source: P.A. 99-426, eff. 8-21-15.)
(110 ILCS 155/20)
Sec. 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

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this Section precludes a higher education institution from
partnering with a community-based sexual assault crisis center
to provide confidential advisors.
(b-5) A confidential advisor is separate from a complaint
advisor, unless the complainant and confidential advisor agree
to have the confidential advisor also serve as the complaint
advisor. Unless prohibited by Title IX of the federal
Education Amendments of 1972 or other federal law, a
complainant has a right to have both a support person, which
may be the confidential advisor if the person so chooses, and a
complaint advisor at any meeting or proceeding related to an
alleged violation of the comprehensive policy or under Title
IX of the federal Education Amendments of 1972. The higher
education institution must not require or appoint a
confidential advisor to serve as the complainant's complaint
advisor.
(c) All confidential advisors shall receive 40 hours of
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 and supportive
measures and accommodations, and complaint resolution
procedures.

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(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. A
confidential advisor must inform the survivor if
requesting or receiving certain resources or services may
affect confidentiality.
(3) Inform 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 survivors of

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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. A confidential advisor must inform
the survivor if requesting or receiving certain resources
or services may affect confidentiality.
(6) Upon the survivor's request, liaise with the
necessary campus authorities to secure interim protective
and supportive measures and accommodations for the
survivor.
(7) Upon the survivor's request, liaise with the
necessary campus authorities to assist the survivor in
responding to and advocating against any retaliation by
the respondent or any other individual, including agents
of the higher education institution.
(Source: P.A. 99-426, eff. 8-21-15.)
(110 ILCS 155/25)
Sec. 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

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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:
(1) Complainants and respondents alleging student
violation of the comprehensive policy shall have the right
to have opportunity to request that the complaint
resolution procedure begin promptly and be completed
within 120 days after the complaint was received by the
higher education institution. A reasonable extension of
this timeframe is allowed on a case-by-case basis for good
cause, with notice to the parties that includes the reason
for the delay. Written notification must be provided to
the complainant and the respondent if the complaint
resolution procedure extends beyond 120 days. Both parties
shall have the right to the consideration of any
additional protective and supportive measures that may be
necessary due to a delay in the complaint resolution
procedure 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

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training on issues related to sexual violence, domestic
violence, dating violence, and stalking, and sexual
harassment 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. The initial
training must be completed prior to such individuals
participating in the investigation of or resolution of
complaints.
(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.
(4.5) The higher education institution may consolidate
complaints by a complainant against more than one
respondent or by more than one complainant against one or
more respondents if the allegations arise out of the same
facts or circumstances and if the higher education
institution provides the complainant with a timely written
notice of its intent to consolidate and offers the
complainant a reasonable opportunity to respond. However,
in a consolidated complaint resolution proceeding, the
individual or individuals resolving the complaints must

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take reasonable measures to protect the privacy of each
complainant and respondent.
(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 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 and supportive
measures and accommodations available pending the
resolution of the complaint. Such protective and
supportive measures must not be overly burdensome to
either party or result in excluding either party from
participation in, denying either party the benefits of, or
subjecting either party to discrimination under any
education program or activity or otherwise interfere with
any right or privilege secured by this Act or Title IX of
the federal Education Amendments of 1972.
Nothing in this Section prohibits a higher education

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institution from following its emergency or regular
removal or expulsion processes.
If the higher education institution determines that,
to provide reasonable protective and supportive measures,
it must burden either the complainant or the respondent,
the higher education institution must minimize the burden
on the complainant to the extent possible, unless the
higher education institution is obligated to address the
protective and supportive measures under Title IX of the
federal Education Amendments of 1972 and Title IX requires
burdening the complainant instead of the respondent.
The higher education institution shall provide or
facilitate reasonable protective and supportive measures
within the scope of services, programs, and accommodations
reasonably available through the higher education
institution and bear the cost of those reasonable
protective and supportive measures. The higher education
institution shall have a procedure for providing
reasonable protective and supportive measures to all
students who report sexual violence, domestic violence,
dating violence, stalking, and sexual harassment. Those
protective and supportive measures shall be available even
if a student does not file a formal complaint, the
student's complaint is dismissed, or there is no finding
of responsibility in the complaint resolution procedure.
Protective and supportive measures may include, but

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are not limited to, counseling; extensions of deadlines;
granting requests to change enrollment options after
deadlines and other course-related adjustments; campus
escort services; increased security and monitoring of
certain areas of the campus; campus no contact orders and
honoring protective orders entered by a civil or criminal
court; leaves of absence to seek medical care, legal
assistance, counseling, safety planning, advocacy, or
other assistance without penalty from the higher education
institution; excused absences to attend, participate in,
or prepare for a court, campus, administrative, or
quasi-judicial proceeding; training and education programs
related to sexual violence, domestic violence, dating
violence, stalking, or sexual harassment; and changes in a
class schedule, a campus employment or work schedule,
housing, or an extracurricular or other activity.
A higher education institution must make a good faith
effort to accommodate requests for reasonable protective
and supportive measures. Each request for protective and
supportive measures must be evaluated on an individualized
basis to determine the reasonableness of the request, and,
if the original request is determined to be unreasonable,
the higher education institution must consider alternative
reasonable protective and supportive measures to address
the party's needs. The major or course enrolled in by the
party, on its own, is not a reason to deny protective and

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supportive measures. If the higher education institution
cannot grant a survivor's request and a comparable
alternative is not available, the higher education
institution must consider whether there are any other
reasonably available options that could support the
survivor or meet the survivor's needs and offer those
options to the survivor.
(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.
(9.5) The higher education institution may not
distribute any evidence that includes a private or
intentionally digitally altered sexual image by physical
or electronic means, except as required by law, a
subpoena, or a court order. The complainant, the
respondent, and each party's complaint advisor shall have
the opportunity to view physical or electronic copies of
any private or intentionally digitally altered sexual
image evidence in person in a higher education institution
office and only in the presence of the individual

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resolving the complaint, a Title IX coordinator or a
member of the Title IX coordinator's staff, or the legal
counsel representing the higher education institution. If
either party is unable to view this evidence in person,
that party and the party's complainant advisor may view it
temporarily via an electronic procedure established by the
higher education institution that ensures confidentiality.
Each party and each party's complaint advisor must not
create physical or electronic copies of private or
intentionally digitally altered sexual image evidence. All
private or intentionally digitally altered sexual image
evidence must be kept in the strictest of confidence by
the higher education institution and its employees during
and after the completion of the complaint resolution
procedure, and evidence shall be retained as required
under the federal Family Educational Rights and Privacy
Act of 1974.
(10) The complainant, and the respondent, and each
party's complaint advisor may not directly question the
other party cross examine one another, but may, at the
discretion and direction of the individual or individuals
resolving the complaint, suggest questions to be posed to
the other party by the individual or individuals resolving
the complaint and respond to the other party. This
prohibition on direct questioning does not apply to any
complaint resolution procedure that involves a complaint

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that the higher education institution is obligated to
address under Title IX of the federal Education Amendments
of 1972 if, at the time of the complaint resolution
procedure, Title IX rules require allowing
cross-examination by the parties' complaint advisors. If
Title IX rules require allowing cross-examination by the
parties' complaint advisors, the higher education
institution must appoint a complaint advisor for any party
that does not have one.
(11) Both parties may request and must be allowed to
have a complaint 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 complaint advisor does not result in
undue delay of the meeting or proceeding. The complaint
advisor must comply with any rules in the higher education
institution's complaint resolution procedure regarding the
advisor's role. If the complaint 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

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institution shall provide a procedure by which each party
can, at a minimum, hear the other party's testimony.
(12.5) Survivors of sexual violence, domestic
violence, dating violence, stalking, or sexual harassment
have a right to have a support person of their choosing,
including a confidential advisor, at any meeting or
proceeding related to an alleged violation of the
comprehensive policy or under Title IX of the federal
Education Amendments of 1972. If a support person violates
the rules or engages in behavior that harasses, abuses, or
intimidates either party, a witness, or an individual
resolving the complaint, that support person may be
prohibited from further participation. Nothing in this
paragraph (12.5) prohibits a higher education institution
from allowing respondents to have their own support
person.
(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
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

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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 written notice of an appeal and
the alleged grounds for appeal within 7 days after the
appeal was submitted to the higher education institution,
and the nonappealing party shall be provided an
opportunity to submit a response to the higher education
institution. The complainant and the respondent shall
receive notice of 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 complainant survivor or the
respondent, except as necessary to resolve the complaint
or to implement interim protective and supportive measures
and accommodations or when provided by State or federal
law.
(Source: P.A. 99-426, eff. 8-21-15.)
(110 ILCS 155/30)
Sec. 30. Campus training, education, and awareness.
(a) On or before August 1, 2016, a higher education

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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.
(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

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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
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;

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(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
education institution with an electronic copy or hard copy of
its comprehensive policy, procedures, and related protocols.
(c) A 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, or
sexual harassment, (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, or
sexual harassment. 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

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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,
and sexual harassment at higher education institutions; (iii)
the roles of the higher 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, and sexual
harassment, including same-sex violence and digital sexual
harassment; 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, or
sexual harassment.
(Source: P.A. 99-426, eff. 8-21-15.)
(110 ILCS 155/40 new)
Sec. 40. Civil penalty for annual report noncompliance.
(a) The Attorney General may impose a civil penalty on a
higher education institution for failure to submit a complete

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annual report, as required under subsection (b) of Section
9.21 of the Board of Higher Education Act.
(b) Before imposing a civil penalty under this Section,
the Attorney General shall provide to a higher education
institution written notice of the reasons for the Attorney
General's decision to impose a civil penalty on the higher
education institution and shall give the higher education
institution 30 calendar days after receipt of the notice to
comply with subsection (b) of Section 9.21 of the Board of
Higher Education Act.
(c) A civil penalty imposed under this Section may not
exceed:
(1) $500 for a first violation;
(2) $1,500 for a second violation; and
(3) $2,500 for a third or subsequent violation.
(d) The Attorney General may waive any civil penalty
imposed under this Section.
(e) In determining the amount of the civil penalty imposed
under this Section, the Attorney General shall consider the
size of the higher education institution and the gravity of
the violation.
Section 10. The Code of Civil Procedure is amended by
changing Section 8-804 as follows:
(735 ILCS 5/8-804)

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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, domestic violence, dating violence, stalking,
or sexual harassment 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 gender-based 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.
"Dating violence" has the meaning given to that term in
the Preventing Sexual Violence in Higher Education Act.
"Domestic violence" has the meaning given to that term in
the Preventing Sexual Violence in Higher Education Act.
"Gender-based violence" means sexual violence, domestic
violence, dating violence, stalking, or sexual harassment.

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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 harassment" has the meaning given to that term in
the Preventing Sexual Violence in Higher Education Act.
"Sexual violence" has the meaning given to that term in
the Preventing Sexual Violence in Higher Education Act 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.
"Stalking" has the meaning given to that term in the
Preventing Sexual Violence in Higher Education Act.
"Survivor" has the meaning given to that term in the
Preventing Sexual Violence in Higher Education Act 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

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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 monthly basis the number and type of incidents of
sexual violence, domestic violence, dating violence, stalking,
and sexual harassment 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

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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
asserting a greater privilege under federal or State law that
applies.
(Source: P.A. 99-426, eff. 8-21-15.)
Section 99. Effective date. This Act takes effect July 1,
2027.".