HIGHER ED-PREVENT SEX VIOLENCE

Illinois General Assembly - Full Text of HB4990

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HB4990 - 104th General Assembly

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.

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