Bill Amendment: IL SB2839 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COMMUNITY COLLEGE-EXPULSIONS

Status: 2016-08-05 - Public Act . . . . . . . . . 99-0741 [SB2839 Detail]

Download: Illinois-2015-SB2839-Senate_Amendment_002.html

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Sen. Ira I. Silverstein

Filed: 4/11/2016

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AMENDMENT TO SENATE BILL 2839
AMENDMENT NO. ______. Amend Senate Bill 2839 by replacing
everything after the enacting clause with the following:
"Section 5. The Preventing Sexual Violence in Higher
Education Act is amended by changing Section 10 as follows:
(110 ILCS 155/10)
Sec. 10. Comprehensive policy. On or before August 1, 2016,
all higher education institutions shall adopt a comprehensive
policy concerning sexual violence, domestic violence, dating
violence, and stalking consistent with governing federal and
State law. The higher education 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

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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
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

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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.
(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.

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(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
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

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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. Sanctions may include, but are not limited to,
suspension, expulsion, or removal of the student found,
after complaint resolution procedures, to be in violation
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

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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.
(Source: P.A. 99-426, eff. 8-21-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.".