Bill Text: IL HB4253 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Higher Education Violation Reporting Act. Provides that each public and private institution of higher education shall maintain a report publicly reporting actual findings of violations by any student organization, athletic team, or living group of the institution's code of conduct or anti-hazing policy or State or federal laws relating to hazing or alcohol, drugs, sexual assault, or physical assault. Provides that an institution of higher education shall provide hazing prevention education to employees. Provides that if an employee or volunteer at an institution of higher education has reasonable cause to believe that hazing has occurred, the employee or volunteer shall report the incident. Amends the Criminal Code of 2012. In provisions concerning hazing, provides that a person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State for the purpose of induction or admission into or maintenance of membership in (instead of only for the purpose of induction or admission into) any group, organization, or society associated or connected with that institution if the act meets certain requirements; makes changes to the requirements. Provides that an act may be considered hazing regardless of whether the student or other person is willing to participate in the act. Effective July 1, 2024.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB4253 Detail]

Download: Illinois-2023-HB4253-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4253 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
New Act
720 ILCS 5/12C-50
Creates the Higher Education Violation Reporting Act. Provides that each public and private institution of higher education shall maintain a report publicly reporting actual findings of violations by any student organization, athletic team, or living group of the institution's code of conduct or anti-hazing policy or State or federal laws relating to hazing or alcohol, drugs, sexual assault, or physical assault. Provides that an institution of higher education shall provide hazing prevention education to employees. Provides that if an employee or volunteer at an institution of higher education has reasonable cause to believe that hazing has occurred, the employee or volunteer shall report the incident. Amends the Criminal Code of 2012. In provisions concerning hazing, provides that a person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State for the purpose of induction or admission into or maintenance of membership in (instead of only for the purpose of induction or admission into) any group, organization, or society associated or connected with that institution if the act meets certain requirements; makes changes to the requirements. Provides that an act may be considered hazing regardless of whether the student or other person is willing to participate in the act. Effective July 1, 2024.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Higher
Education Violation Reporting Act.
Section 5. Definitions. In this Act:
"Employee" means a person who is receiving wages from an
institution of higher education and is in a position with
direct, ongoing contact with students in a supervisory role or
position of authority. "Employee" does not include a person
employed as medical staff or with an affiliated organization,
entity, or extension of an institution of higher education,
unless the employee has a supervisory role or position of
authority over students. "Employee" does not include
confidential employees.
"Institution of higher education" means a public or
private institution of higher education located in this State.
"Reasonable cause" means a person who witnesses hazing or
receives a credible written or oral report alleging hazing or
potential or planned hazing activity.
Section 10. Violation reporting.
(a) Beginning with the 2024-2025 academic year, each

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institution of higher education shall maintain a report on the
institution's website publicly reporting actual findings of
violations by any student organization, athletic team, or
living group of the institution of higher education's code of
conduct or anti-hazing policy or State or federal laws
relating to hazing or alcohol, drugs, sexual assault, or
physical assault. The report shall include all of the
following:
(1) The name of the student organization, athletic
team, or living group.
(2) The date the investigation was initiated.
(3) The date on which the investigation ended with a
finding that a violation occurred.
(4) The date the student organization, athletic team,
or living group was charged with a violation.
(5) A description of the violation, including the date
of the violation, and the findings and sanction placed on
the student organization, athletic team, or living group.
(6) The details of the sanction imposed, including the
beginning and end dates of the sanction.
(b) An investigation that does not result in a finding of a
formal violation of the student code of conduct, anti-hazing
policy, or State or federal law may not be included in the
report under this Section. The report may not include any
personal or identifying information of individual students and
shall be subject to the requirements of the federal Family

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Educational Rights and Privacy Act of 1974 and the Illinois
School Student Records Act.
(c) The institution of higher education shall make the
report under this Section available on its website in a
prominent location clearly labeled and easily accessible from
the institution's website.
(d) The institution of higher education shall maintain and
update the information in the report for 5 years after that
information was first included in the report and shall post
the information in the report on its website at least 45
calendar days before the start of each fall academic term and
at least 10 days before the start of all other academic terms.
Section 15. Hazing prevention.
(a) Beginning with the 2024-2025 academic year, an
institution of higher education shall provide hazing
prevention education on the signs and dangers of hazing, as
well as the institution of higher education's prohibition on
hazing, to employees, including student employees, either in
person or electronically. The prevention education shall be
provided to employees at the beginning of each academic year.
In addition, the prevention education shall be provided to new
employees at the beginning of the academic term after they are
hired.
(b) If, as a result of observations or information
received in the course of employment or volunteer service, an

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employee, including a student employee, or volunteer at an
institution of higher education has reasonable cause to
believe that hazing has occurred, the employee or volunteer
shall report the incident or cause a report to be made to a
designated authority at the institution of higher education at
the first opportunity available.
(c) A person who witnesses hazing or has reasonable cause
to believe hazing has occurred or will occur and who makes a
report to an institution of higher education in good faith may
not be sanctioned or punished by the institution for higher
education for the hazing unless the person was directly
engaged in the planning, directing, or act of hazing that is
being reported.
(d) Nothing in this Section precludes a person from
independently reporting hazing or suspected hazing activity to
a law enforcement agency.
Section 20. The Criminal Code of 2012 is amended by
changing Section 12C-50 as follows:
(720 ILCS 5/12C-50)
Sec. 12C-50. Hazing.
(a) A person commits hazing when he or she knowingly
requires the performance of any act by a student or other
person in a school, college, university, or other educational
institution of this State, for the purpose of induction or

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admission into or maintenance of membership in any group,
organization, or society associated or connected with that
institution, regardless of the student or other person's
willingness to participate in the act, if:
(1) the act is not sanctioned or authorized by that
educational institution; and
(2) the act either (i) is likely to contribute to a
substantial risk of physical injury to, adverse mental
health outcomes for, or degradation of any person or (ii)
causes physical injury to, adverse mental health outcomes
for, or degradation of results in bodily harm to any
person.
(b) Sentence. Hazing is a Class A misdemeanor, except that
hazing that results in death or great bodily harm is a Class 4
felony.
(Source: P.A. 97-1109, eff. 1-1-13.)