HB4990: HIGHER ED-PREVENT SEX VIOLENCE

HB4990 Engrossed LRB104 18294 LNS 31734 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Preventing Sexual Violence in Higher 5 Education Act is amended by changing Sections 5, 10, 15, 20, 6 25, and 30 as follows: 7 (110 ILCS 155/5) 8 Sec. 5. Definitions. In this Act: 9 "Awareness programming" means institutional action 10 designed to communicate the prevalence of sexual violence, 11 including without limitation training, poster and flyer 12 campaigns, electronic communications, films, guest speakers, 13 symposia, conferences, seminars, or panel discussions. 14 "Bystander intervention" includes without limitation the 15 act of challenging the social norms that support, condone, or 16 permit sexual violence. 17 "Complainant" means a student who files a complaint 18 alleging violation of the comprehensive policy through the 19 higher education institution's complaint resolution procedure. 20 "Comprehensive policy" means a policy created and 21 implemented by a higher education institution to address 22 student allegations of sexual violence, domestic violence, 23 dating violence, and stalking , and sexual harassment . HB4990 Engrossed - 2 - LRB104 18294 LNS 31734 b 1 "Complaint advisor" means a person chosen by a complainant 2 or respondent to advise the complainant or respondent 3 regarding the complaint resolution procedure, who may 4 accompany the complainant or respondent to any meeting, 5 interview, or hearing with the individual or individuals who 6 will resolve a complaint related to an alleged violation of 7 the comprehensive policy and who may be appointed by a higher 8 education institution for a party at the request of that 9 party. "Complaint advisor" includes, but is not limited to, an 10 attorney. "Complaint advisor" does not include a complainant's 11 confidential advisor, unless the complainant requests that the 12 confidential advisor serve as the complainant's complaint 13 advisor and the confidential advisor agrees to serve as such. 14 "Confidential advisor" means a person who is employed or 15 contracted by a higher education institution to provide 16 emergency and ongoing support to student survivors of sexual 17 violence , domestic violence, dating violence, stalking, and 18 sexual harassment, with the training, duties, and 19 responsibilities described in Section 20 of this Act. 20 "Confidential advisor" does not include a complainant's 21 complaint advisor, unless the complainant requests that the 22 confidential advisor serve as the complainant's complaint 23 advisor and the confidential advisor agrees to serve as such. 24 "Dating violence" means any act of abuse committed by a 25 person who is or has been in a romantic or intimate 26 relationship with a survivor. HB4990 Engrossed - 3 - LRB104 18294 LNS 31734 b 1 "Digital sexual harassment" means technology-facilitated 2 abusive acts, including, but not limited to, repeated, 3 unwelcome electronic communications based on sex or containing 4 sexually-explicit material, and actual or threatened 5 dissemination of a private or digitally altered sexual image 6 without the depicted individual's consent, as defined in 7 Section 5 of the Civil Remedies for Nonconsensual 8 Dissemination of Private Sexual Images Act. 9 "Domestic violence" means any act of abuse as defined in 10 the Illinois Domestic Violence Act of 1986. 11 "Higher education institution" means a public university, 12 a public community college, or an independent, not-for-profit 13 or for-profit higher education institution located in this 14 State. 15 "Lack of capacity" means an inability to give knowing and 16 affirming consent. 17 "Primary prevention programming" means institutional 18 action and strategies intended to prevent sexual violence 19 before it occurs by means of changing social norms and other 20 approaches, including without limitation training, poster and 21 flyer campaigns, electronic communications, films, guest 22 speakers, symposia, conferences, seminars, or panel 23 discussions. 24 "Respondent" means a student involved in the complaint 25 resolution procedure who has been accused of violating a 26 higher education institution's comprehensive policy. HB4990 Engrossed - 4 - LRB104 18294 LNS 31734 b 1 "Retaliation" means any action taken against a person, 2 including, but not limited to, intimidation, threats, 3 coercion, or discrimination, to purposefully or knowingly 4 interfere with any right or privilege secured by this Act or 5 Title IX of the federal Education Amendments of 1972 because 6 that person reported information, made a complaint, testified, 7 assisted, or participated or refused to participate in any 8 manner in an investigation, proceeding, or hearing, including 9 in an informal resolution process. "Retaliation" includes 10 actions by a student, a higher education institution, an 11 employee or other individual authorized by a higher education 12 institution to provide aid, a benefit, or a service under an 13 education program or activity of the higher education 14 institution, or a third party acting on behalf of a higher 15 education institution or a respondent. 16 "Sexual harassment" means unwelcome sex-based conduct, 17 including, but not limited to, unwanted sexual advances, 18 unwanted requests for sexual favors, or any unwanted verbal, 19 nonverbal, or physical conduct that is sex-based or that is 20 related to a person's sex, sexual orientation, or gender 21 identity, toward a student that (i) a reasonable person would 22 view as substantially interfering with the student's 23 educational performance or participation in a program or 24 activity of a higher education institution, including, but not 25 limited to, any mental or physical health impacts, any new or 26 increased challenges with focusing on academics or activities, HB4990 Engrossed - 5 - LRB104 18294 LNS 31734 b 1 any fear or anxiety about attending class or activities, or 2 the need to alter routines or class or activity schedules to 3 avoid another student, or (ii) creates an environment that a 4 reasonable person would consider to be intimidating, hostile, 5 or offensive. "Sexual harassment" includes digital sexual 6 harassment. 7 "Sexual violence" means physical sexual acts attempted or 8 perpetrated against a person's will or when a person is 9 incapable of giving consent, including without limitation 10 rape, sexual assault, sexual battery, sexual abuse, and sexual 11 coercion. 12 "Stalking" has the meaning given to that term in the 13 Stalking No Contact Order Act. 14 "Survivor" means a student enrolled at a higher education 15 institution who has self-identified as having experienced 16 sexual violence, domestic violence, dating violence, or 17 stalking , or sexual harassment while enrolled at a higher 18 education institution . 19 "Survivor-centered" means a systematic focus on the needs 20 and concerns of a survivor of sexual violence, domestic 21 violence, dating violence, or stalking , or sexual harassment 22 that (i) ensures the compassionate and sensitive delivery of 23 services in a nonjudgmental manner; (ii) ensures an 24 understanding of how trauma affects survivor behavior; (iii) 25 maintains survivor safety, privacy, and, if possible, 26 confidentiality; and (iv) recognizes that a survivor is not HB4990 Engrossed - 6 - LRB104 18294 LNS 31734 b 1 responsible for the sexual violence, domestic violence, dating 2 violence, or stalking , or sexual harassment . 3 "Trauma-informed response" means a response involving an 4 understanding of the complexities of sexual violence, domestic 5 violence, dating violence, or stalking , or sexual harassment 6 through training centered on the neurobiological impact of 7 trauma, the influence of societal myths and stereotypes 8 surrounding sexual violence, domestic violence, dating 9 violence, or stalking , or sexual harassment , and understanding 10 the behavior of perpetrators. "Trauma-informed response" 11 includes empowering survivors to make their own decisions 12 regarding care, healing, supportive measures, and whether to 13 report or engage with systems and then supporting those 14 decisions. 15 (Source: P.A. 99-426, eff. 8-21-15.) 16 (110 ILCS 155/10) 17 Sec. 10. Comprehensive policy. 18 (a) All On or before August 1, 2016, all higher education 19 institutions shall adopt a comprehensive policy concerning 20 sexual violence, domestic violence, dating violence, and 21 stalking , and sexual harassment consistent with governing 22 federal and State law. The higher education institution's 23 comprehensive policy shall include, at a minimum, all of the 24 following components: 25 (1) A definition of consent that, at a minimum, HB4990 Engrossed - 7 - LRB104 18294 LNS 31734 b 1 recognizes that (i) consent is a freely given agreement to 2 sexual activity, (ii) a person's lack of verbal or 3 physical resistance or submission resulting from the use 4 or threat of force does not constitute consent, (iii) a 5 person's manner of dress does not constitute consent, (iv) 6 a person's consent to past sexual activity does not 7 constitute consent to future sexual activity, (v) a 8 person's consent to engage in sexual activity with one 9 person does not constitute consent to engage in sexual 10 activity with another, (vi) a person can withdraw consent 11 at any time, and (vii) a person cannot consent to sexual 12 activity if that person is unable to understand the nature 13 of the activity or give knowing consent due to 14 circumstances, including without limitation the following: 15 (A) the person has a lack of capacity is 16 incapacitated due to the use or influence of alcohol 17 or drugs; 18 (B) the person is asleep or unconscious; 19 (C) the person is under age; or 20 (D) the person has a lack of capacity is 21 incapacitated due to a mental disability. 22 Nothing in this Section prevents a higher education 23 institution from defining consent in a more demanding 24 manner. 25 (2) Procedures that students of the higher education 26 institution may follow if they choose to report an alleged HB4990 Engrossed - 8 - LRB104 18294 LNS 31734 b 1 violation of the comprehensive policy, regardless of where 2 the incident of sexual violence, domestic violence, dating 3 violence, or stalking , or sexual harassment occurred, 4 including all of the following: 5 (A) Name and contact information for the Title IX 6 coordinator, campus law enforcement or security, local 7 law enforcement, and the community-based sexual 8 assault crisis center. 9 (B) The name, title, and contact information for 10 confidential advisors and other confidential resources 11 and a description of what confidential reporting 12 means. 13 (C) Information regarding the various individuals, 14 departments, or organizations to whom a student may 15 report a violation of the comprehensive policy, 16 specifying for each individual and entity (i) the 17 extent of the individual's or entity's reporting 18 obligation, (ii) the extent of the individual's or 19 entity's ability to protect the student's privacy, and 20 (iii) the extent of the individual's or entity's 21 ability to have confidential communications with the 22 student. 23 (D) An option for students to electronically 24 report. 25 (E) An option for students to anonymously report. 26 (F) An option for students to confidentially HB4990 Engrossed - 9 - LRB104 18294 LNS 31734 b 1 report. 2 (G) An option for reports by third parties and 3 bystanders. However, while third parties and 4 bystanders may report, the higher education 5 institution may not compel a survivor's participation 6 in a complaint resolution procedure. 7 (H) Information about how the higher education 8 institution prohibits and responds to retaliation and 9 the process for reporting retaliation under the 10 comprehensive policy. 11 (3) The higher education institution's procedure for 12 responding to a report of an alleged incident of sexual 13 violence, domestic violence, dating violence, or stalking , 14 or sexual harassment , including without limitation (i) 15 assisting and interviewing the survivor, (ii) identifying 16 and locating witnesses, (iii) contacting and interviewing 17 the respondent, (iv) contacting and cooperating with law 18 enforcement, when applicable, and (v) providing 19 information regarding the importance of preserving 20 physical evidence of the sexual violence and the 21 availability of a medical forensic examination at no 22 charge to the survivor , and (vi) providing information 23 about how the higher education institution prohibits and 24 responds to retaliation and the process for reporting 25 retaliation under the comprehensive policy . 26 (4) A statement of the higher education institution's HB4990 Engrossed - 10 - LRB104 18294 LNS 31734 b 1 obligation to provide survivors with concise information, 2 written in plain language, concerning the survivor's 3 rights and options, upon receiving a report of an alleged 4 violation of the comprehensive policy, as described in 5 Section 15 of this Act. 6 (5) The name, address, and telephone number of the 7 medical facility nearest to each campus of the higher 8 education institution where a survivor may have a medical 9 forensic examination completed at no cost to the survivor, 10 pursuant to the Sexual Assault Survivors Emergency 11 Treatment Act. 12 (6) The name, telephone number, address, and website 13 URL, if available, of community-based, State, and national 14 sexual assault crisis centers. 15 (7) A statement notifying survivors of the interim 16 protective and supportive measures and accommodations 17 reasonably available from the higher education institution 18 that a survivor may request in response to an alleged 19 violation of the comprehensive policy, including without 20 limitation changes to academic, living, dining, 21 transportation, and working situations, obtaining and 22 enforcing campus no contact orders, and how the higher 23 education institution supports the honoring of an order of 24 protection or no contact order entered by a State civil or 25 criminal court. 26 (8) The higher education institution's complaint HB4990 Engrossed - 11 - LRB104 18294 LNS 31734 b 1 resolution procedures if a student alleges violation of 2 the comprehensive violence policy, including, at a 3 minimum, the guidelines set forth in Section 25 of this 4 Act. 5 (9) A statement of the range of sanctions the higher 6 education institution may impose following the 7 implementation of its complaint resolution procedures in 8 response to an alleged violation of the comprehensive 9 policy. Sanctions may include, but are not limited to, 10 suspension, expulsion, or removal of the student found, 11 after complaint resolution procedures, to be in violation 12 of the comprehensive policy of the higher education 13 institution. 14 (10) A statement of the higher education institution's 15 obligation to include an amnesty provision that provides 16 immunity to any student who reports, in good faith, an 17 alleged violation of the higher education institution's 18 comprehensive policy to a responsible employee, as defined 19 by federal law, so that the reporting student will not 20 receive a disciplinary sanction by the institution for a 21 student conduct violation, such as underage drinking or 22 possession or use of a controlled substance, that is 23 revealed in the course of such a report, unless the 24 institution determines that the violation was egregious, 25 including without limitation an action that places the 26 health or safety of any other person at significant or HB4990 Engrossed - 12 - LRB104 18294 LNS 31734 b 1 serious risk. 2 (11) A statement of the higher education institution's 3 prohibition on retaliation against those who, in good 4 faith, report or disclose an alleged violation of the 5 comprehensive policy, file a complaint, or otherwise 6 participate in the complaint resolution procedure and 7 available sanctions for individuals who engage in 8 retaliatory conduct. 9 (b) On or before August 1, 2027, each higher education 10 institution shall update its comprehensive policy to ensure 11 compliance with this amendatory Act of the 104th General 12 Assembly. 13 (c) Each higher education institution shall act in 14 accordance with its comprehensive policy. Beginning August 1, 15 2027, any party that is aggrieved by the failure of a higher 16 education institution to respond to conduct that violates the 17 higher education institution's comprehensive policy or the 18 substantial failure of a higher education institution to act 19 in accordance with its comprehensive policy may bring a civil 20 lawsuit. The lawsuit must be brought no later than 7 years 21 after the alleged violation of the comprehensive policy or 7 22 years after the date the aggrieved party becomes aware of the 23 alleged violation, whichever is later. If the court finds that 24 a higher education institution willfully violated its 25 comprehensive policy or willfully disregarded the safety of 26 the aggrieved party, the court may award actual and punitive HB4990 Engrossed - 13 - LRB104 18294 LNS 31734 b 1 damages. The court, as it deems appropriate, may grant, as 2 relief, a permanent or preliminary negative or mandatory 3 injunction, temporary restraining order, or other order. 4 Upon a motion, a court shall award reasonable attorney's 5 fees and costs, including expert witness fees and other 6 litigation expenses, to a plaintiff who is a prevailing party 7 in any action brought under this subsection (c). In awarding 8 reasonable attorney's fees, the court shall consider the 9 degree to which the relief obtained relates to the relief 10 sought. 11 Nothing in this Section may be construed to require an 12 exhaustion of the administrative complaint process before 13 civil law remedies may be pursued. 14 (Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16; 15 100-1087, eff. 1-1-19 .) 16 (110 ILCS 155/15) 17 Sec. 15. Student notification of rights and options. 18 (a) Upon On or before August 1, 2016, upon being notified 19 of an alleged violation of the comprehensive policy by or on 20 behalf of a student, each higher education institution shall, 21 at a minimum, provide the survivor, when identified, with a 22 concise notification, written in plain language, of the 23 survivor's rights and options, including without limitation: 24 (1) the survivor's right to report or not report the 25 alleged incident to the higher education institution, law HB4990 Engrossed - 14 - LRB104 18294 LNS 31734 b 1 enforcement, or both, including information about the 2 survivor's right to privacy and which reporting methods 3 are confidential , as well as the survivor's right to 4 participate or not participate in any investigation into 5 the alleged incident ; 6 (2) the contact information for the higher education 7 institution's Title IX coordinator or coordinators, 8 confidential advisors, a community-based sexual assault 9 crisis center, campus law enforcement, and local law 10 enforcement; 11 (3) the survivor's right to request and receive 12 assistance from campus authorities in notifying law 13 enforcement; 14 (4) the survivor's ability to request interim 15 protective and supportive measures and accommodations for 16 survivors , including without limitation changes to 17 academic, living, dining, working, and transportation 18 situations and , obtaining and enforcing a campus-issued 19 order of protection or no contact order, if such 20 protective and supportive measures and accommodations are 21 reasonably available, and an order of protection or no 22 contact order in State court; 23 (5) the higher education institution's ability to 24 provide assistance, upon the survivor's request, in 25 accessing and navigating campus and local health and 26 mental health services, counseling, and advocacy services; HB4990 Engrossed - 15 - LRB104 18294 LNS 31734 b 1 and 2 (6) a summary of the higher education institution's 3 complaint resolution procedures, under Section 25 of this 4 Act, if the survivor reports a violation of the 5 comprehensive policy ; and . 6 (7) information about how the higher education 7 institution prohibits and responds to retaliation and the 8 process for reporting retaliation under the comprehensive 9 policy. 10 (b) Within 12 hours after receiving an electronic report 11 or by the next business day for other reports , the higher 12 education institution shall respond to the electronic 13 reporter . If the reporter is not the survivor, the higher 14 education institution shall also contact the survivor, if 15 known, by the next business day following receipt of the 16 report. The separate responses to the reporter and the 17 survivor must and , at a minimum, provide the information 18 described in subdivisions (1) through (7) (6) of subsection 19 (a) of this Section and a list of available resources. The 20 higher education institution may choose the manner in which it 21 responds including, but not limited to, through verbal or 22 electronic communication. Nothing in this subsection (b) 23 limits a higher education institution's obligations under 24 subsection (a) of this Section. 25 (Source: P.A. 99-426, eff. 8-21-15.) HB4990 Engrossed - 16 - LRB104 18294 LNS 31734 b 1 (110 ILCS 155/20) 2 Sec. 20. Confidential advisor. 3 (a) Each higher education institution shall provide 4 students with access to confidential advisors to provide 5 emergency and ongoing support to survivors of sexual violence. 6 (b) The confidential advisors may not be individuals on 7 campus who are designated as responsible employees under Title 8 IX of the federal Education Amendments of 1972. Nothing in 9 this Section precludes a higher education institution from 10 partnering with a community-based sexual assault crisis center 11 to provide confidential advisors. 12 (b-5) A confidential advisor is separate from a complaint 13 advisor, unless the complainant and confidential advisor agree 14 to have the confidential advisor also serve as the complaint 15 advisor. Unless prohibited by Title IX of the federal 16 Education Amendments of 1972 or other federal law, a 17 complainant has a right to have both a support person, which 18 may be the confidential advisor if the person so chooses, and a 19 complaint advisor at any meeting or proceeding related to an 20 alleged violation of the comprehensive policy or under Title 21 IX of the federal Education Amendments of 1972. The higher 22 education institution must not require or appoint a 23 confidential advisor to serve as the complainant's complaint 24 advisor. 25 (c) All confidential advisors shall receive 40 hours of 26 training on sexual violence, if they have not already HB4990 Engrossed - 17 - LRB104 18294 LNS 31734 b 1 completed this 40-hour training, before being designated a 2 confidential advisor and shall attend a minimum of 6 hours of 3 ongoing education training annually on issues related to 4 sexual violence to remain a confidential advisor. Confidential 5 advisors shall also receive periodic training on the campus 6 administrative processes, interim protective and supportive 7 measures and accommodations , and complaint resolution 8 procedures. 9 (d) In the course of working with a survivor, each 10 confidential advisor shall, at a minimum, do all of the 11 following: 12 (1) Inform the survivor of the survivor's choice of 13 possible next steps regarding the survivor's reporting 14 options and possible outcomes, including without 15 limitation reporting pursuant to the higher education 16 institution's comprehensive policy and notifying local law 17 enforcement. 18 (2) Notify the survivor of resources and services for 19 survivors of sexual violence, including, but not limited 20 to, student services available on campus and through 21 community-based resources, including without limitation 22 sexual assault crisis centers, medical treatment 23 facilities, counseling services, legal resources, medical 24 forensic services, and mental health services. A 25 confidential advisor must inform the survivor if 26 requesting or receiving certain resources or services may HB4990 Engrossed - 18 - LRB104 18294 LNS 31734 b 1 affect confidentiality. 2 (3) Inform the survivor of the survivor's rights and 3 the higher education institution's responsibilities 4 regarding orders of protection, no contact orders, or 5 similar lawful orders issued by the higher education 6 institution or a criminal or civil court. 7 (4) Provide confidential services to and have 8 privileged, confidential communications with survivors of 9 sexual violence in accordance with Section 8-804 of the 10 Code of Civil Procedure. 11 (5) Upon the survivor's request and as appropriate, 12 liaise with campus officials, community-based sexual 13 assault crisis centers, or local law enforcement and, if 14 requested, assist the survivor with contacting and 15 reporting to campus officials, campus law enforcement, or 16 local law enforcement. A confidential advisor must inform 17 the survivor if requesting or receiving certain resources 18 or services may affect confidentiality. 19 (6) Upon the survivor's request, liaise with the 20 necessary campus authorities to secure interim protective 21 and supportive measures and accommodations for the 22 survivor. 23 (7) Upon the survivor's request, liaise with the 24 necessary campus authorities to assist the survivor in 25 responding to and advocating against any retaliation by 26 the respondent or any other individual, including agents HB4990 Engrossed - 19 - LRB104 18294 LNS 31734 b 1 of the higher education institution. 2 (Source: P.A. 99-426, eff. 8-21-15.) 3 (110 ILCS 155/25) 4 Sec. 25. Complaint resolution procedures. 5 (a) On or before August 1, 2016, each campus of a higher 6 education institution shall adopt one procedure to resolve 7 complaints of alleged student violations of the comprehensive 8 policy. 9 (b) For each campus, a higher education institution's 10 complaint resolution procedures for allegations of student 11 violation of the comprehensive policy shall provide, at a 12 minimum, all of the following: 13 (1) Complainants and respondents alleging student 14 violation of the comprehensive policy shall have the right 15 to have opportunity to request that the complaint 16 resolution procedure begin promptly and be completed 17 within 120 days after the complaint was received by the 18 higher education institution. A reasonable extension of 19 this timeframe is allowed on a case-by-case basis for good 20 cause, with notice to the parties that includes the reason 21 for the delay. Written notification must be provided to 22 the complainant and the respondent if the complaint 23 resolution procedure extends beyond 120 days. Both parties 24 shall have the right to the consideration of any 25 additional protective and supportive measures that may be HB4990 Engrossed - 20 - LRB104 18294 LNS 31734 b 1 necessary due to a delay in the complaint resolution 2 procedure proceed in a timely manner . 3 (2) The higher education institution shall determine 4 the individuals who will resolve complaints of alleged 5 student violations of the comprehensive policy. 6 (3) All individuals whose duties include resolution of 7 complaints of student violations of the comprehensive 8 policy shall receive a minimum of 8 to 10 hours of annual 9 training on issues related to sexual violence, domestic 10 violence, dating violence, and stalking , and sexual 11 harassment and how to conduct the higher education 12 institution's complaint resolution procedures, in addition 13 to the annual training required for employees as provided 14 in subsection (c) of Section 30 of this Act. The initial 15 training must be completed prior to such individuals 16 participating in the investigation of or resolution of 17 complaints. 18 (4) The higher education institution shall have a 19 sufficient number of individuals trained to resolve 20 complaints so that (i) a substitution can occur in the 21 case of a conflict of interest or recusal and (ii) an 22 individual or individuals with no prior involvement in the 23 initial determination or finding hear any appeal brought 24 by a party. 25 (4.5) The higher education institution may consolidate 26 complaints by a complainant against more than one HB4990 Engrossed - 21 - LRB104 18294 LNS 31734 b 1 respondent or by more than one complainant against one or 2 more respondents if the allegations arise out of the same 3 facts or circumstances if the higher education institution 4 provides the complainant with a timely written notice of 5 its intent to consolidate and offers the complainant a 6 reasonable opportunity to respond. However, in a 7 consolidated complaint resolution proceeding, the 8 individual or individuals resolving the complaints must 9 take reasonable measures to protect the privacy of each 10 complainant and respondent. 11 (5) The individual or individuals resolving a 12 complaint shall use a preponderance of the evidence 13 standard to determine whether the alleged violation of the 14 comprehensive policy occurred. 15 (6) The complainant and respondent shall (i) receive 16 notice of the individual or individuals with authority to 17 make a finding or impose a sanction in their proceeding 18 before the individual or individuals initiate contact with 19 either party and (ii) have the opportunity to request a 20 substitution if the participation of an individual with 21 authority to make a finding or impose a sanction poses a 22 conflict of interest. 23 (7) The higher education institution shall have a 24 procedure to determine interim protective and supportive 25 measures and accommodations available pending the 26 resolution of the complaint . Such protective and HB4990 Engrossed - 22 - LRB104 18294 LNS 31734 b 1 supportive measures must not be overly burdensome to 2 either party or result in excluding either party from 3 participation in, denying either party the benefits of, or 4 subjecting either party to discrimination under any 5 education program or activity or otherwise interfere with 6 any right or privilege secured by this Act or Title IX of 7 the federal Education Amendments of 1972. 8 Nothing in this Section prohibits a higher education 9 institution from following its emergency or regular 10 removal or expulsion processes. 11 If the higher education institution determines that, 12 to provide reasonable protective and supportive measures, 13 it must burden either the complainant or the respondent, 14 the higher education institution must minimize the burden 15 on the complainant to the extent possible, unless the 16 higher education institution is obligated to address the 17 protective and supportive measures under Title IX of the 18 federal Education Amendments of 1972 and Title IX requires 19 burdening the complainant instead of the respondent. 20 The higher education institution shall bear the cost 21 of reasonable protective and supportive measures. The 22 higher education institution shall have a procedure for 23 providing reasonable protective and supportive measures to 24 all students who report sexual violence, domestic 25 violence, dating violence, stalking, and sexual 26 harassment. Such protective and supportive measures shall HB4990 Engrossed - 23 - LRB104 18294 LNS 31734 b 1 be available even if a student does not file a formal 2 complaint, the student's complaint is dismissed, or there 3 is no finding of responsibility in the complaint 4 resolution procedure. 5 Protective and supportive measures may include, but 6 are not limited to, counseling, extensions of deadlines, 7 granting requests to change enrollment options after 8 deadlines and other course-related adjustments, campus 9 escort services, increased security and monitoring of 10 certain areas of the campus, campus no contact orders and 11 honoring protective orders entered by a civil or criminal 12 court, leaves of absence to seek medical care, legal 13 assistance, counseling, safety planning, advocacy, or 14 other assistance without penalty from the higher education 15 institution, excused absences to attend, participate in, 16 or prepare for a court, campus, administrative, or 17 quasi-judicial proceeding, training and education programs 18 related to sexual violence, domestic violence, dating 19 violence, stalking, or sexual harassment, and changes in a 20 class schedule, a campus employment or work schedule, 21 housing, or an extracurricular or other activity. 22 A higher education institution must make a good faith 23 effort to accommodate requests for reasonable protective 24 and supportive measures. Each request for protective and 25 supportive measures must be evaluated on an individualized 26 basis to determine the reasonableness of the request, and, HB4990 Engrossed - 24 - LRB104 18294 LNS 31734 b 1 if the original request is determined to be unreasonable, 2 the higher education institution must consider alternative 3 reasonable protective and supportive measures to address 4 the party's needs. The major or course enrolled in by the 5 party, on its own, is not a reason to deny protective and 6 supportive measures. If the higher education institution 7 cannot grant a survivor's request and a comparable 8 alternative is not available, the higher education 9 institution must consider whether there are any other 10 reasonably available options that could support the 11 survivor or meet the survivor's needs and offer those 12 options to the survivor. 13 (8) Any proceeding, meeting, or hearing held to 14 resolve complaints of alleged student violations of the 15 comprehensive policy shall protect the privacy of the 16 participating parties and witnesses. 17 (9) The complainant, regardless of this person's level 18 of involvement in the complaint resolution procedure, and 19 the respondent shall have the opportunity to provide or 20 present evidence and witnesses on their behalf during the 21 complaint resolution procedure. 22 (9.5) The higher education institution may not 23 distribute any evidence that includes a private or 24 intentionally digitally altered sexual image by physical 25 or electronic means, except as required by law, a 26 subpoena, or a court order. The complainant, the HB4990 Engrossed - 25 - LRB104 18294 LNS 31734 b 1 respondent, and each party's complaint advisor shall have 2 the opportunity to view physical or electronic copies of 3 any private or intentionally digitally altered sexual 4 image evidence in person in a higher education institution 5 office and only in the presence of the individual 6 resolving the complaint, a Title IX coordinator or a 7 member of the Title IX coordinator's staff, or the legal 8 counsel representing the higher education institution. If 9 either party is unable to view this evidence in person, 10 that party and the party's complainant advisor may view it 11 temporarily via an electronic procedure established by the 12 higher education institution that ensures confidentiality. 13 Each party and each party's complaint advisor must not 14 create physical or electronic copies of private or 15 intentionally digitally altered sexual image evidence. All 16 private or intentionally digitally altered sexual image 17 evidence must be kept in the strictest of confidence by 18 the higher education institution and its employees during 19 and after the completion of the complaint resolution 20 procedure, and evidence shall be retained as required 21 under the federal Family Educational Rights and Privacy 22 Act of 1974. 23 (10) The complainant , and the respondent , and each 24 party's complaint advisor may not directly question the 25 other party cross examine one another , but may, at the 26 discretion and direction of the individual or individuals HB4990 Engrossed - 26 - LRB104 18294 LNS 31734 b 1 resolving the complaint, suggest questions to be posed to 2 the other party by the individual or individuals resolving 3 the complaint and respond to the other party . This 4 prohibition on direct questioning does not apply to any 5 complaint resolution procedure that involves a complaint 6 that the higher education institution is obligated to 7 address under Title IX of the federal Education Amendments 8 of 1972 if, at the time of the complaint resolution 9 procedure, Title IX rules require allowing 10 cross-examination by the parties' complaint advisors. If 11 Title IX rules require allowing cross-examination by the 12 parties' complaint advisors, the higher education 13 institution must appoint a complaint advisor for any party 14 that does not have one. 15 (11) Both parties may request and must be allowed to 16 have a complaint an advisor of their choice accompany them 17 to any meeting or proceeding related to an alleged 18 violation of the comprehensive policy, provided that the 19 involvement of the complaint advisor does not result in 20 undue delay of the meeting or proceeding. The complaint 21 advisor must comply with any rules in the higher education 22 institution's complaint resolution procedure regarding the 23 advisor's role. If the complaint advisor violates the 24 rules or engages in behavior or advocacy that harasses, 25 abuses, or intimidates either party, a witness, or an 26 individual resolving the complaint, that advisor may be HB4990 Engrossed - 27 - LRB104 18294 LNS 31734 b 1 prohibited from further participation. 2 (12) The complainant and the respondent may not be 3 compelled to testify, if the complaint resolution 4 procedure involves a hearing, in the presence of the other 5 party. If a party invokes this right, the higher education 6 institution shall provide a procedure by which each party 7 can, at a minimum, hear the other party's testimony. 8 (12.5) Survivors of sexual violence, domestic 9 violence, dating violence, stalking, or sexual harassment 10 have a right to have a support person of their choosing, 11 including a confidential advisor, at any meeting or 12 proceeding related to an alleged violation of the 13 comprehensive policy or under Title IX of the federal 14 Education Amendments of 1972. If a support person violates 15 the rules or engages in behavior that harasses, abuses, or 16 intimidates either party, a witness, or an individual 17 resolving the complaint, that support person may be 18 prohibited from further participation. Nothing in this 19 paragraph (12.5) prohibits a higher education institution 20 from allowing respondents to have their own support 21 person. 22 (13) The complainant and the respondent are entitled 23 to simultaneous, written notification of the results of 24 the complaint resolution procedure, including information 25 regarding appeal rights, within 7 days of a decision or 26 sooner if required by State or federal law. HB4990 Engrossed - 28 - LRB104 18294 LNS 31734 b 1 (14) The complainant and the respondent shall, at a 2 minimum, have the right to timely appeal the complaint 3 resolution procedure's findings or imposed sanctions if 4 the party alleges (i) a procedural error occurred, (ii) 5 new information exists that would substantially change the 6 outcome of the finding, or (iii) the sanction is 7 disproportionate with the violation. The individual or 8 individuals reviewing the findings or imposed sanctions 9 shall not have participated previously in the complaint 10 resolution procedure and shall not have a conflict of 11 interest with either party. The complainant and the 12 respondent shall receive written notice of an appeal and 13 the alleged grounds for appeal within 7 days after the 14 appeal was submitted to the higher education institution, 15 and the nonappealing party shall be provided an 16 opportunity to submit a response to the higher education 17 institution. The complainant and the respondent shall 18 receive notice of the appeal decision in writing within 7 19 days after the conclusion of the review of findings or 20 sanctions or sooner if required by federal or State law. 21 (15) The higher education institution shall not 22 disclose the identity of the complainant survivor or the 23 respondent, except as necessary to resolve the complaint 24 or to implement interim protective and supportive measures 25 and accommodations or when provided by State or federal 26 law. HB4990 Engrossed - 29 - LRB104 18294 LNS 31734 b 1 (Source: P.A. 99-426, eff. 8-21-15.) 2 (110 ILCS 155/30) 3 Sec. 30. Campus training, education, and awareness. 4 (a) On or before August 1, 2016, a higher education 5 institution shall prominently publish, timely update, and have 6 easily available on its Internet website all of the following 7 information: 8 (1) The higher education institution's comprehensive 9 policy, as well as options and resources available to 10 survivors. 11 (2) The higher education institution's student 12 notification of rights and options described in Section 15 13 of this Act. 14 (3) The name and contact information for all of the 15 higher education institution's Title IX coordinators. 16 (4) An explanation of the role of (i) Title IX 17 coordinators, including deputy or assistant Title IX 18 coordinators, under Title IX of the federal Education 19 Amendments of 1972, (ii) responsible employees under Title 20 IX of the federal Education Amendments of 1972, (iii) 21 campus security authorities under the federal Jeanne Clery 22 Disclosure of Campus Security Policy and Campus Crime 23 Statistics Act, and (iv) mandated reporters under the 24 Abused and Neglected Child Reporting Act and the reporting 25 obligations of each, as well as the level of HB4990 Engrossed - 30 - LRB104 18294 LNS 31734 b 1 confidentiality each is allowed to provide to reporting 2 students under relevant federal and State law. 3 (5) The name, title, and contact information for all 4 confidential advisors, counseling services, and 5 confidential resources that can provide a confidential 6 response to a report and a description of what 7 confidential reporting means. 8 (6) The telephone number and website URL for 9 community-based, State, and national hotlines providing 10 information to sexual violence survivors. 11 (b) Beginning with the 2016-2017 academic year, each 12 higher education institution shall provide sexual violence 13 primary prevention and awareness programming for all students 14 who attend one or more classes on campus, which shall include, 15 at a minimum, annual training as described in this subsection 16 (b). Nothing in this Section shall be construed to limit the 17 higher education institution's ability to conduct additional 18 ongoing sexual violence primary prevention and awareness 19 programming. 20 Each higher education institution's annual training shall, 21 at a minimum, provide each student who attends one or more 22 classes on campus information regarding the higher education 23 institution's comprehensive policy, including without 24 limitation the following: 25 (1) the institution's definitions of consent, 26 inability to consent, and retaliation as they relate to HB4990 Engrossed - 31 - LRB104 18294 LNS 31734 b 1 sexual violence; 2 (2) reporting to the higher education institution, 3 campus law enforcement, and local law enforcement; 4 (3) reporting to the confidential advisor or other 5 confidential resources; 6 (4) available survivor services; and 7 (5) strategies for bystander intervention and risk 8 reduction. 9 At the beginning of each academic year, each higher 10 education institution shall provide each student of the higher 11 education institution with an electronic copy or hard copy of 12 its comprehensive policy, procedures, and related protocols. 13 (c) A Beginning in the 2016-2017 academic year, a higher 14 education institution shall provide annual survivor-centered 15 and trauma-informed response training to any employee of the 16 higher education institution who is involved in (i) the 17 receipt of a student report of an alleged incident of sexual 18 violence, domestic violence, dating violence, or stalking , or 19 sexual harassment , (ii) the referral or provision of services 20 to a survivor, or (iii) any campus complaint resolution 21 procedure that results from an alleged incident of sexual 22 violence, domestic violence, dating violence, or stalking , or 23 sexual harassment . Employees falling under this description 24 include without limitation the Title IX coordinator, members 25 of the higher education institution's campus law enforcement, 26 and campus security. An enrolled student at or a contracted HB4990 Engrossed - 32 - LRB104 18294 LNS 31734 b 1 service provider of the higher education institution with the 2 employee responsibilities outlined in clauses (i) through 3 (iii) of this paragraph shall also receive annual 4 survivor-centered and trauma-informed response training. 5 The higher education institution shall design the training 6 to improve the trainee's ability to understand (i) the higher 7 education institution's comprehensive policy; (ii) the 8 relevant federal and State law concerning survivors of sexual 9 violence, domestic violence, dating violence, and stalking , 10 and sexual harassment at higher education institutions; (iii) 11 the roles of the higher education institution, medical 12 providers, law enforcement, and community agencies in ensuring 13 a coordinated response to a reported incident of sexual 14 violence; (iv) the effects of trauma on a survivor; (v) the 15 types of conduct that constitute sexual violence, domestic 16 violence, dating violence, and stalking , and sexual 17 harassment , including same-sex violence and digital sexual 18 harassment ; and (vi) consent and the role drugs and alcohol 19 use can have on the ability to consent. The training shall also 20 seek to improve the trainee's ability to respond with cultural 21 sensitivity; provide services to or assist in locating 22 services for a survivor, as appropriate; and communicate 23 sensitively and compassionately with a survivor of sexual 24 violence, domestic violence, dating violence, or stalking , or 25 sexual harassment . 26 (Source: P.A. 99-426, eff. 8-21-15.) HB4990 Engrossed - 33 - LRB104 18294 LNS 31734 b 1 Section 10. The Code of Civil Procedure is amended by 2 changing Section 8-804 as follows: 3 (735 ILCS 5/8-804) 4 Sec. 8-804. Confidential advisor. 5 (a) This Section is intended to protect students at higher 6 education institutions in this State who are survivors of 7 sexual violence , domestic violence, dating violence, stalking, 8 or sexual harassment from public disclosure of communications 9 they make in confidence to confidential advisors. Because of 10 the fear, stigma, and trauma that often result from incidents 11 of gender-based sexual violence, many survivors hesitate to 12 report or seek help, even when it is available at no cost to 13 them. As a result, they not only fail to receive needed medical 14 care and emergency counseling, but may lack the psychological 15 support necessary to report the incident of sexual violence to 16 the higher education institution or law enforcement. 17 (b) In this Section: 18 "Confidential advisor" means a person who is employed or 19 contracted by a higher education institution to provide 20 emergency and ongoing support to survivors of sexual violence 21 with the training, duties, and responsibilities described in 22 Section 20 of the Preventing Sexual Violence in Higher 23 Education Act. 24 "Dating violence" has the meaning given to that term in HB4990 Engrossed - 34 - LRB104 18294 LNS 31734 b 1 the Preventing Sexual Violence in Higher Education Act. 2 "Domestic violence" has the meaning given to that term in 3 the Preventing Sexual Violence in Higher Education Act. 4 "Gender-based violence" means sexual violence, domestic 5 violence, dating violence, stalking, or sexual harassment. 6 "Higher education institution" means a public university, 7 a public community college, or an independent, not-for-profit 8 or for-profit higher education institution located in this 9 State. 10 "Sexual harassment" has the meaning given to that term in 11 the Preventing Sexual Violence in Higher Education Act. 12 "Sexual violence" has the meaning given to that term in 13 the Preventing Sexual Violence in Higher Education Act means 14 physical sexual acts attempted or perpetrated against a 15 person's will or when a person is incapable of giving consent, 16 including without limitation rape, sexual assault, sexual 17 battery, sexual abuse, and sexual coercion . 18 "Stalking" has the meaning given to that term in the 19 Preventing Sexual Violence in Higher Education Act. 20 "Survivor" has the meaning given to that term in the 21 Preventing Sexual Violence in Higher Education Act means a 22 student who has experienced sexual violence while enrolled at 23 a higher education institution . 24 (c) All communications between a confidential advisor and 25 a survivor pertaining to an incident of sexual violence shall 26 remain confidential, unless the survivor consents to the HB4990 Engrossed - 35 - LRB104 18294 LNS 31734 b 1 disclosure of the communication in writing, the disclosure 2 falls within one of the exceptions outlined in subsection (d) 3 of this Section, or failure to disclose the communication 4 would violate State or federal law. Communications include all 5 records kept by the confidential advisor in the course of 6 providing the survivor with services related to the incident 7 of sexual violence . 8 (d) The confidential advisor may disclose confidential 9 communications between the confidential advisor and the 10 survivor if failure to disclose would result in a clear, 11 imminent risk of serious physical injury to or death of the 12 survivor or another person. 13 The confidential advisor shall have no obligation to 14 report crimes to the higher education institution or law 15 enforcement, except to report to the Title IX coordinator, as 16 defined by Title IX of the federal Education Amendments of 17 1972, on a monthly basis the number and type of incidents of 18 sexual violence , domestic violence, dating violence, stalking, 19 and sexual harassment reported exclusively to the confidential 20 advisor in accordance with the higher education institution's 21 reporting requirements under subsection (b) of Section 9.21 of 22 the Board of Higher Education Act and under federal law. 23 If, in any judicial proceeding, a party alleges that the 24 communications are necessary to the determination of any issue 25 before the court and written consent to disclosure has not 26 been given, the party may ask the court to consider ordering HB4990 Engrossed - 36 - LRB104 18294 LNS 31734 b 1 the disclosure of the communications. In such a case, 2 communications may be disclosed if the court finds, after in 3 camera examination of the communication, that the 4 communication is relevant, probative, and not unduly 5 prejudicial or inflammatory or is otherwise clearly 6 admissible; that other evidence is demonstrably unsatisfactory 7 as evidence of the facts sought to be established by the 8 communication or communications; and that disclosure is more 9 important to the interests of substantial justice than 10 protection from injury to the confidential advisor-survivor 11 relationship, to the survivor, or to any other individual whom 12 disclosure is likely to harm. 13 (e) This privilege shall not preclude an individual from 14 asserting a greater privilege under federal or State law that 15 applies. 16 (Source: P.A. 99-426, eff. 8-21-15.) 17 Section 99. Effective date. This Act takes effect July 1, 18 2027.