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| Public Act 099-0741
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| SB2839 Enrolled | LRB099 18919 MLM 43307 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Preventing Sexual Violence in Higher |
Education Act is amended by changing Section 10 as follows:
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(110 ILCS 155/10)
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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 |
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 |
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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 |
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 |
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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. |
(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 |
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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 |
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 |
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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 |
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, |
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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.
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(Source: P.A. 99-426, eff. 8-21-15.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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