HIGHER ED-PREVENT SEX VIOLENCE

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Senate Amendment 001

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3467

Introduced 2/5/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

110 ILCS 155/5
110 ILCS 155/10
110 ILCS 155/15
110 ILCS 155/20
110 ILCS 155/25
110 ILCS 155/30
110 ILCS 155/50 new
110 ILCS 155/55 new
735 ILCS 5/8-804

Amends the Preventing Sexual Violence in Higher Education Act. Makes
changes concerning definitions. Requires a higher education institution's
comprehensive policy to include sexual harassment. Provides that a
confidential advisor is separate from a complaint advisor, unless a
complainant chooses to have the confidential advisor also serve as the
complaint advisor. Makes changes to the complaint resolution procedure,
including the timeline of the complaint resolution procedure, protective
measures and accommodations, the distribution of evidence that includes a
private or intentionally digitally altered sexual image, the direct
questioning of either party, support persons for survivors and
respondents, and the notice of appeal. Provides that violations of the Act
are actionable in civil court. Sets forth the relief a prevailing survivor
is entitled to. Amends the Code of Civil Procedure to make changes
concerning confidential advisors. Makes other changes. Effective July 1,
2027.
LRB104 18841 LNS 32286 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

A BILL FOR

SB3467
LRB104 18841 LNS 32286 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 and by adding Sections 50 and 55 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
.

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1

"Complaint advisor" means a person chosen by a complainant
2
or respondent or appointed by a higher education institution
3
at the request of the complainant or respondent to advise the
4
complainant or respondent regarding the complaint resolution
5
procedure and accompany the complainant or respondent to any
6
meeting or proceeding related to an alleged violation of the
7
comprehensive policy. "Complaint advisor" includes an
8
attorney. "Complaint advisor" does not include a complainant's
9
confidential advisor, unless the complainant requests that the
10
confidential advisor also serve as the complainant's complaint
11
advisor.

12

"Confidential advisor" means a person who is employed or
13
contracted by a higher education institution to provide
14
emergency and ongoing support to student survivors of sexual
15
violence
, domestic violence, dating violence, stalking, and
16
sexual harassment,
with the training, duties, and
17
responsibilities described in Section 20 of this Act.
18
"Confidential advisor" does not include a complainant's
19
complaint advisor, unless the complainant requests that the
20
confidential advisor also serve as the complainant's complaint
21
advisor.

22

"Dating violence" means any act of abuse committed by a
23
person who is or has been in a romantic or intimate
24
relationship with a survivor.
25

"Digital sexual harassment" means technology-facilitated
26
abusive acts or unwelcome communication based on sex,

SB3467
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1
including the actual or threatened dissemination of a private
2
or intentionally digitally altered sexual image without the
3
depicted individual's consent, as defined in the Civil
4
Remedies for Nonconsensual Dissemination of Private Sexual
5
Images Act.
6

"Domestic violence" means any act of abuse as defined in
7
the Illinois Domestic Violence Act of 1986.

8

"Higher education institution" means a public university,
9
a public community college, or an independent, not-for-profit
10
or for-profit higher education institution located in this
11
State.
12

"Interferes with or limits" includes, but is not limited
13
to, mental or physical health impacts, new or increased
14
challenges with focusing on academics or activities, fear or
15
anxiety about attending class or activities, or needing to
16
alter routines or class or activity schedules to avoid another
17
student.
18

"Lack of capacity" means an inability to give knowing and
19
affirming consent.

20

"Primary prevention programming" means institutional
21
action and strategies intended to prevent sexual violence
22
before it occurs by means of changing social norms and other
23
approaches, including without limitation training, poster and
24
flyer campaigns, electronic communications, films, guest
25
speakers, symposia, conferences, seminars, or panel
26
discussions.

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LRB104 18841 LNS 32286 b
1

"Respondent" means a student involved in the complaint
2
resolution procedure who has been accused of violating a
3
higher education institution's comprehensive policy.
4

"Retaliation" means any action or inaction taken against a
5
person, including, but not limited to, intimidation, threats,
6
coercion, or discrimination, to purposefully or knowingly
7
interfere with any right or privilege secured by this Act or
8
Title IX of the federal Education Amendments of 1972 because
9
that person reported information, made a complaint, testified,
10
assisted, or participated or refused to participate in any
11
manner in an investigation, proceeding, or hearing, including
12
in an informal resolution process. "Retaliation" includes
13
actions by a student, a higher education institution, an
14
employee or other individual authorized by a higher education
15
institution to provide aid, a benefit, or a service under an
16
education program or activity of the higher education
17
institution, or a third party acting on behalf of a higher
18
education institution or a student or employee or another
19
individual.

20

"Sexual harassment" means unwelcome sex-based conduct by
21
one student toward another student that is sufficiently
22
serious that it interferes with or limits the other student's
23
ability to participate in or benefit from a program of a higher
24
education institution. "Sexual harassment" includes digital
25
sexual harassment.

26

"Sexual violence" means physical sexual acts attempted or

SB3467
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LRB104 18841 LNS 32286 b
1
perpetrated against a person's will or when a person is
2
incapable of giving consent, including without limitation
3
rape, sexual assault, sexual battery, sexual abuse, and sexual
4
coercion.
5

"Stalking" means when an individual engages in a course of
6
conduct directed at a specific person and when that individual
7
knows or should know that this course of conduct would cause a
8
reasonable person, as defined in the Stalking No Contact Order
9
Act, to fear for that person's safety. "Stalking" includes,
10
but is not limited to, following a person, conducting
11
surveillance of the person, appearing at the person's home,
12
work, or school when not necessary to accomplish a purpose
13
that is reasonable under the circumstances, making unwanted
14
phone calls, sending unwanted emails, sending unwanted
15
messages via social media, sending unwanted text messages,
16
leaving objects for the person, vandalizing the person's
17
property, injuring a pet, or using any electronic tracking
18
system or acquiring tracking information to determine the
19
person's location, movement, or travel patterns.

20

"Survivor" means a student who has
self-identified as
21
having
experienced sexual violence, domestic violence, dating
22
violence,
or
stalking
, or sexual harassment
while enrolled at
23
a higher education institution.
24

"Survivor-centered" means a systematic focus on the needs
25
and concerns of a survivor of sexual violence, domestic
26
violence, dating violence,
or
stalking
, or sexual harassment

SB3467
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LRB104 18841 LNS 32286 b
1
that (i) ensures the compassionate and sensitive delivery of
2
services in a nonjudgmental manner; (ii) ensures an
3
understanding of how trauma affects survivor behavior; (iii)
4
maintains survivor safety, privacy, and, if possible,
5
confidentiality; and (iv) recognizes that a survivor is not
6
responsible for the sexual violence, domestic violence, dating
7
violence,
or
stalking
, or sexual harassment
.
8

"Trauma-informed response" means a response involving an
9
understanding of the complexities of sexual violence, domestic
10
violence, dating violence,
or
stalking
, or sexual harassment

11
through training centered on the neurobiological impact of
12
trauma, the influence of societal myths and stereotypes
13
surrounding sexual violence, domestic violence, dating
14
violence,
or
stalking
, or sexual harassment
, and understanding
15
the behavior of perpetrators.
"Trauma-informed response"
16
includes empowering survivors to make their own decisions
17
regarding care, healing, supportive measures, and whether to
18
report or engage with systems and then supporting those
19
decisions.

20

"Unwelcome sex-based conduct" includes, but is not limited
21
to, unwanted sexual advances, unwanted requests for sexual
22
favors, and other unwanted verbal, nonverbal, or physical
23
conduct of a sexual nature or related to a person's sex or
24
sexual orientation.

25
(Source: P.A. 99-426, eff. 8-21-15.)

SB3467
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LRB104 18841 LNS 32286 b
1

(110 ILCS 155/10)
2

Sec. 10.
Comprehensive policy.
All

On or before August 1,
3
2016, all
higher education institutions shall adopt a
4
comprehensive policy concerning sexual violence, domestic
5
violence, dating violence,
and
stalking
, and sexual harassment

6
consistent with governing federal and State law. The higher
7
education institution's comprehensive policy shall include, at
8
a minimum, all of the following components:
9

(1) A definition of consent that, at a minimum,
10

recognizes that (i) consent is a freely given agreement to
11

sexual activity, (ii) a person's lack of verbal or
12

physical resistance or submission resulting from the use
13

or threat of force does not constitute consent, (iii) a
14

person's manner of dress does not constitute consent, (iv)
15

a person's consent to past sexual activity does not
16

constitute consent to future sexual activity, (v) a
17

person's consent to engage in sexual activity with one
18

person does not constitute consent to engage in sexual
19

activity with another, (vi) a person can withdraw consent
20

at any time, and (vii) a person cannot consent to sexual
21

activity if that person is unable to understand the nature
22

of the activity or give knowing consent due to
23

circumstances, including without limitation the following:
24

(A) the person
exhibits a lack of capacity

is
25

incapacitated
due to the use or influence of alcohol
26

or drugs;

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LRB104 18841 LNS 32286 b
1

(B) the person is asleep or unconscious;
2

(C) the person is under age; or
3

(D) the person
exhibits a lack of capacity

is
4

incapacitated
due to a mental disability.
5

Nothing in this Section prevents a higher education
6

institution from defining consent in a more demanding
7

manner.
8

(2) Procedures that students of the higher education
9

institution may follow if they choose to report an alleged
10

violation of the comprehensive policy, regardless of where
11

the incident of sexual violence, domestic violence, dating
12

violence,
or
stalking
, or sexual harassment
occurred,
13

including all of the following:
14

(A) Name and contact information for the Title IX
15

coordinator, campus law enforcement or security, local
16

law enforcement, and the community-based sexual
17

assault crisis center.
18

(B) The name, title, and contact information for
19

confidential advisors and other confidential resources
20

and a description of what confidential reporting
21

means.
22

(C) Information regarding the various individuals,
23

departments, or organizations to whom a student may
24

report a violation of the comprehensive policy,
25

specifying for each individual and entity (i) the
26

extent of the individual's or entity's reporting

SB3467
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LRB104 18841 LNS 32286 b
1

obligation, (ii) the extent of the individual's or
2

entity's ability to protect the student's privacy, and
3

(iii) the extent of the individual's or entity's
4

ability to have confidential communications with the
5

student.
6

(D) An option for students to electronically
7

report.
8

(E) An option for students to anonymously report.
9

(F) An option for students to confidentially
10

report.
11

(G) An option for reports by third parties and
12

bystanders.
However, while third parties and
13

bystanders may report, no complaint resolution
14

procedure may begin unless the survivor agrees to
15

proceed with a report.

16

(H) Information about how the higher education
17

institution protects individuals who report from
18

retaliation.

19

(3) The higher education institution's procedure for
20

responding to a report of an alleged incident of sexual
21

violence, domestic violence, dating violence,
or
stalking
,
22

or sexual harassment
, including without limitation (i)
23

assisting and interviewing the survivor, (ii) identifying
24

and locating witnesses, (iii) contacting and interviewing
25

the respondent, (iv) contacting and cooperating with law
26

enforcement, when applicable,
and
(v) providing

SB3467
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LRB104 18841 LNS 32286 b
1

information regarding the importance of preserving
2

physical evidence of the sexual violence and the
3

availability of a medical forensic examination at no
4

charge to the survivor
, and (vi) protecting the survivor
5

from retaliation
.
6

(4) A statement of the higher education institution's
7

obligation to provide survivors with concise information,
8

written in plain language, concerning the survivor's
9

rights and options, upon receiving a report of an alleged
10

violation of the comprehensive policy, as described in
11

Section 15 of this Act.
12

(5) The name, address, and telephone number of the
13

medical facility nearest to each campus of the higher
14

education institution where a survivor may have a medical
15

forensic examination completed at no cost to the survivor,
16

pursuant to the Sexual Assault Survivors Emergency
17

Treatment Act.
18

(6) The name, telephone number, address, and website
19

URL, if available, of community-based, State, and national
20

sexual assault crisis centers.
21

(7) A statement notifying survivors of the
interim

22

protective measures and accommodations reasonably
23

available from the higher education institution that a
24

survivor may request in response to an alleged violation
25

of the comprehensive policy, including without limitation
26

changes to academic, living, dining, transportation, and

SB3467
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LRB104 18841 LNS 32286 b
1

working situations, obtaining and enforcing campus no
2

contact orders, and honoring an order of protection or no
3

contact order entered by a State civil or criminal court.
4

(8) The higher education institution's complaint
5

resolution procedures if a student alleges violation of
6

the comprehensive violence policy, including, at a
7

minimum, the guidelines set forth in Section 25 of this
8

Act.
9

(9) A statement of the range of sanctions the higher
10

education institution may impose following the
11

implementation of its complaint resolution procedures in
12

response to an alleged violation of the comprehensive
13

policy. Sanctions may include, but are not limited to,
14

suspension, expulsion, or removal of the student found,
15

after complaint resolution procedures, to be in violation
16

of the comprehensive policy of the higher education
17

institution.
18

(10) A statement of the higher education institution's
19

obligation to include an amnesty provision that provides
20

immunity to any student who reports, in good faith, an
21

alleged violation of the higher education institution's
22

comprehensive policy to a responsible employee, as defined
23

by federal law, so that the reporting student will not
24

receive a disciplinary sanction by the institution for a
25

student conduct violation, such as underage drinking or
26

possession or use of a controlled substance, that is

SB3467
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LRB104 18841 LNS 32286 b
1

revealed in the course of such a report, unless the
2

institution determines that the violation
was egregious,
3

including without limitation an action that
places the
4

health or safety of any other person at
significant or
5

serious
risk.
6

(11) A statement of the higher education institution's
7

prohibition on retaliation against those who, in good
8

faith, report or disclose an alleged violation of the
9

comprehensive policy, file a complaint, or otherwise
10

participate in the complaint resolution procedure and
11

available sanctions for individuals who engage in
12

retaliatory conduct.
13
(Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16;
14
100-1087, eff. 1-1-19
.)

15

(110 ILCS 155/15)
16

Sec. 15.
Student notification of rights and options.
17

(a)
Upon

On or before August 1, 2016, upon
being notified
18
of an alleged violation of the comprehensive policy by or on
19
behalf of a student, each higher education institution shall,
20
at a minimum, provide the survivor, when identified, with a
21
concise notification, written in plain language, of the
22
survivor's rights and options, including without limitation:
23

(1) the survivor's right to report or not report the
24

alleged incident to the higher education institution, law
25

enforcement, or both, including information about the

SB3467
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LRB104 18841 LNS 32286 b
1

survivor's right to privacy and which reporting methods
2

are confidential
, as well as the survivor's right to
3

participate or not participate in any investigation into
4

the alleged incident
;
5

(2) the contact information for the higher education
6

institution's Title IX coordinator or coordinators,
7

confidential advisors, a community-based sexual assault
8

crisis center, campus law enforcement, and local law
9

enforcement;
10

(3) the survivor's right to request and receive
11

assistance from campus authorities in notifying law
12

enforcement;
13

(4) the survivor's ability to request
interim

14

protective measures and accommodations for survivors,
15

including without limitation changes to academic, living,
16

dining, working, and transportation situations, obtaining
17

and enforcing a campus-issued order of protection or no
18

contact order, if such protective measures and
19

accommodations are reasonably available, and an order of
20

protection or no contact order in State court;
21

(5) the higher education institution's ability to
22

provide assistance, upon the survivor's request, in
23

accessing and navigating campus and local health and
24

mental health services, counseling, and advocacy services;
25

and
26

(6) a summary of the higher education institution's

SB3467
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LRB104 18841 LNS 32286 b
1

complaint resolution procedures, under Section 25 of this
2

Act, if the survivor reports a violation of the
3

comprehensive policy
; and

.
4

(7) a summary of the higher education institution's
5

process for protecting survivors from retaliation.

6

(b) Within 12 hours after receiving an electronic report
7
or by the next business day for other reports
, the higher
8
education institution shall respond to the
electronic

9
reporter
. If the reporter is not the survivor, the higher
10
education institution shall also contact the survivor, if
11
known, by the next business day following receipt of the
12
report. The separate responses to the reporter and the
13
survivor must

and
, at a minimum, provide the information
14
described in subdivisions (1) through
(7)

(6)
of subsection
15
(a) of this Section and a list of available resources. The
16
higher education institution may choose the manner in which it
17
responds including, but not limited to, through verbal or
18
electronic communication. Nothing in this subsection (b)
19
limits a higher education institution's obligations under
20
subsection (a) of this Section.
21
(Source: P.A. 99-426, eff. 8-21-15.)

22

(110 ILCS 155/20)
23

Sec. 20.
Confidential advisor.
24

(a) Each higher education institution shall provide
25
students with access to confidential advisors to provide

SB3467
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LRB104 18841 LNS 32286 b
1
emergency and ongoing support to survivors of sexual violence.
2

(b) The confidential advisors may not be individuals on
3
campus who are designated as responsible employees under Title
4
IX of the federal Education Amendments of 1972. Nothing in
5
this Section precludes a higher education institution from
6
partnering with a community-based sexual assault crisis center
7
to provide confidential advisors.
8

(b-5) A confidential advisor is separate from a complaint
9
advisor, unless a complainant chooses to have the confidential
10
advisor also serve as the complaint advisor. Unless prohibited
11
by Title IX of the federal Education Amendments of 1972 or
12
other federal law, a complainant has a right to have both a
13
support person, which may be the confidential advisor if the
14
person so chooses, and a complaint advisor at any meeting or
15
proceeding related to an alleged violation of the
16
comprehensive policy or under Title IX of the federal
17
Education Amendments of 1972. The higher education institution
18
must not require or appoint a confidential advisor to serve as
19
the complainant's complaint advisor.

20

(c) All confidential advisors shall receive 40 hours of
21
training on sexual violence, if they have not already
22
completed this 40-hour training, before being designated a
23
confidential advisor and shall attend a minimum of 6 hours of
24
ongoing education training annually on issues related to
25
sexual violence to remain a confidential advisor. Confidential
26
advisors shall also receive periodic training on the campus

SB3467
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LRB104 18841 LNS 32286 b
1
administrative processes,
interim
protective measures and
2
accommodations, and complaint resolution procedures.
3

(d) In the course of working with a survivor, each
4
confidential advisor shall, at a minimum, do all of the
5
following:
6

(1) Inform the survivor of the survivor's choice of
7

possible next steps regarding the survivor's reporting
8

options and possible outcomes, including without
9

limitation reporting pursuant to the higher education
10

institution's comprehensive policy and notifying local law
11

enforcement.
12

(2) Notify the survivor of resources and services for
13

survivors of sexual violence, including, but not limited
14

to, student services available on campus and through
15

community-based resources, including without limitation
16

sexual assault crisis centers, medical treatment
17

facilities, counseling services, legal resources, medical
18

forensic services, and mental health services.
A
19

confidential advisor must inform the survivor if
20

requesting or receiving certain resources or services that
21

may affect confidentiality.

22

(3) Inform the survivor of the survivor's rights and
23

the higher education institution's responsibilities
24

regarding orders of protection, no contact orders, or
25

similar lawful orders issued by the higher education
26

institution or a criminal or civil court.

SB3467
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LRB104 18841 LNS 32286 b
1

(4) Provide confidential services to and have
2

privileged, confidential communications with survivors of
3

sexual violence in accordance with Section 8-804 of the
4

Code of Civil Procedure.
5

(5) Upon the survivor's request and as appropriate,
6

liaise with campus officials, community-based sexual
7

assault crisis centers, or local law enforcement and, if
8

requested, assist the survivor with contacting and
9

reporting to campus officials, campus law enforcement, or
10

local law enforcement.
A confidential advisor must inform
11

the survivor if requesting or receiving certain resources
12

or services that may affect confidentiality.

13

(6) Upon the survivor's request, liaise with the
14

necessary campus authorities to secure
interim
protective
15

measures and accommodations for the survivor.
16

(7) Upon the survivor's request, liaise with the
17

necessary campus authorities to assist the survivor in
18

responding to and advocating against any retaliation by
19

the respondent or any other individual, including agents
20

of the higher education institution.

21
(Source: P.A. 99-426, eff. 8-21-15.)

22

(110 ILCS 155/25)
23

Sec. 25.
Complaint resolution procedures.
24

(a) On or before August 1, 2016, each campus of a higher
25
education institution shall adopt one procedure to resolve

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1
complaints of alleged student violations of the comprehensive
2
policy.
3

(b) For each campus, a higher education institution's
4
complaint resolution procedures for allegations of student
5
violation of the comprehensive policy shall provide, at a
6
minimum, all of the following:
7

(1) Complainants alleging student violation of the
8

comprehensive policy shall have the
right to have

9

opportunity to request that
the complaint resolution
10

procedure begin promptly and
be completed within 120 days
11

after the complaint was received by the higher education
12

institution. A reasonable extension of this timeframe is
13

allowed on a case-by-case basis for good cause, with
14

notice to the parties that includes the reason for the
15

delay. Written notification must be provided to the
16

complainant and the respondent if the complaint resolution
17

procedure extends beyond 120 days. A survivor shall have
18

the right to the consideration of any additional
19

accommodations that may be necessary due to a delay in the
20

complaint resolution procedure

proceed in a timely manner
.
21

(2) The higher education institution shall determine
22

the individuals who will resolve complaints of alleged
23

student violations of the comprehensive policy.
24

(3) All individuals whose duties include resolution of
25

complaints of student violations of the comprehensive
26

policy shall receive a minimum of 8 to 10 hours of annual

SB3467
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1

training on issues related to sexual violence, domestic
2

violence, dating violence,
and
stalking
, and sexual
3

harassment
and how to conduct the higher education
4

institution's complaint resolution procedures, in addition
5

to the annual training required for employees as provided
6

in subsection (c) of Section 30 of this Act.
The initial
7

training must be completed prior to such individuals
8

participating in the investigation of or resolution of
9

complaints.

10

(4) The higher education institution shall have a
11

sufficient number of individuals trained to resolve
12

complaints so that (i) a substitution can occur in the
13

case of a conflict of interest or recusal and (ii) an
14

individual or individuals with no prior involvement in the
15

initial determination or finding hear any appeal brought
16

by a party.
17

(5) The individual or individuals resolving a
18

complaint shall use a preponderance of the evidence
19

standard to determine whether the alleged violation of the
20

comprehensive policy occurred.
21

(6) The complainant and respondent shall (i) receive
22

notice of the individual or individuals with authority to
23

make a finding or impose a sanction in their proceeding
24

before the individual or individuals initiate contact with
25

either party and (ii) have the opportunity to request a
26

substitution if the participation of an individual with

SB3467
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1

authority to make a finding or impose a sanction poses a
2

conflict of interest.
3

(7) The higher education institution shall have a
4

procedure to determine
interim
protective measures and
5

available
accommodations
available pending the resolution
6

of the complaint
.
Such protective measures and
7

accommodations must not be overly burdensome to the
8

survivor or result in excluding the survivor from
9

participation in, denying the survivor the benefits of, or
10

subjecting the survivor to discrimination under any
11

education program or activity or otherwise interfere with
12

any right or privilege secured by this Act or Title IX of
13

the federal Education Amendments of 1972.

14

Protective measures and accommodations may burden the
15

respondent, but must not be overly burdensome in that they
16

deny the respondent access to the respondent's education.
17

Nothing in this Section prohibits a higher education
18

institution from following its emergency or regular
19

removal or expulsion processes.

20

The higher education institution shall bear the cost
21

of reasonable protective measures and accommodations. The
22

higher education institution shall have a procedure for
23

providing reasonable protective measures and
24

accommodations to all students who report sexual violence,
25

domestic violence, dating violence, stalking, and sexual
26

harassment. Such protective measures and accommodations

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1

shall 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 measures and accommodations may include,
6

but are not limited to, counseling, extensions of
7

deadlines, granting requests to change enrollment options
8

after deadlines and other course-related adjustments,
9

campus escort services, increased security and monitoring
10

of certain areas of the campus, campus no contact orders
11

and honoring protective orders entered by a civil or
12

criminal court, leaves of absence to seek medical care,
13

legal assistance, counseling, safety planning, advocacy,
14

or other assistance without penalty from the higher
15

education institution, excused absences to attend,
16

participate in, or prepare for a court, campus,
17

administrative, or quasi-judicial proceeding, training and
18

education programs related to sexual violence, domestic
19

violence, dating violence, stalking, or sexual harassment,
20

and changes in a class schedule, a campus employment or
21

work schedule, housing, or an extracurricular or other
22

activity.

23

A higher education institution must make a good faith
24

effort to accommodate requests for protective measures and
25

accommodations. The major or course enrolled in by the
26

survivor is not a reason to deny protective measures or

SB3467
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1

accommodations. If the higher education institution cannot
2

grant a survivor's request and a comparable alternative is
3

not available, the higher education institution must
4

consider whether there are any other reasonably available
5

options that could support the survivor or meet the
6

survivor's needs and offer those options to the survivor.

7

(8) Any proceeding, meeting, or hearing held to
8

resolve complaints of alleged student violations of the
9

comprehensive policy shall protect the privacy of the
10

participating parties and witnesses.
11

(9) The complainant, regardless of this person's level
12

of involvement in the complaint resolution procedure, and
13

the respondent shall have the opportunity to provide or
14

present evidence and witnesses on their behalf during the
15

complaint resolution procedure.
16

(9.5) The higher education institution may not
17

distribute any evidence that includes a private or
18

intentionally digitally altered sexual image by physical
19

or electronic means, except as legally required by a
20

subpoena or court order or as requested by the
21

complainant. The complainant, the respondent, and each
22

party's complaint advisor shall have the opportunity to
23

view physical or electronic copies of any private or
24

intentionally digitally altered sexual image evidence in
25

person in a higher education institution office and only
26

in the presence of an individual resolving the complaint.

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1

If either party is unable to view this evidence in person,
2

that party and the party's complainant advisor may view it
3

temporarily via an electronic procedure established by the
4

higher education institution that ensures confidentiality.
5

Each party and each party's complaint advisor must not
6

create physical or electronic copies of private or
7

intentionally digitally altered sexual image evidence. All
8

private or intentionally digitally altered sexual image
9

evidence must be kept in the strictest of confidence by
10

the higher education institution and its employees during
11

and after the completion of the complaint resolution
12

procedure, and evidence shall be retained as required
13

under the federal Family Educational Rights and Privacy
14

Act of 1974.

15

(10) The complainant
,

and
the respondent
, and each
16

party's complaint advisor
may not directly
question the
17

other party

cross examine one another
, but may, at the
18

discretion and direction of the individual or individuals
19

resolving the complaint, suggest questions to be posed
to
20

the other party
by the individual or individuals resolving
21

the complaint
and respond to the other party
.
This
22

prohibition on direct questioning does not apply to any
23

complaint resolution procedure that involves a complaint
24

that the higher education institution is obligated to
25

address under Title IX of the federal Education Amendments
26

of 1972 if, at the time of the complaint resolution

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1

procedure, Title IX rules require allowing cross
2

examination by the parties' complaint advisors.

3

(11) Both parties may request and must be allowed to
4

have
a complaint

an
advisor of their choice accompany them
5

to any meeting or proceeding related to an alleged
6

violation of the comprehensive policy, provided that the
7

involvement of the
complaint
advisor does not result in
8

undue delay of the meeting or proceeding. The
complaint

9

advisor must comply with any rules in the higher education
10

institution's complaint resolution procedure regarding the
11

advisor's role. If the
complaint
advisor violates the
12

rules or engages in behavior or advocacy that harasses,
13

abuses, or intimidates either party, a witness, or an
14

individual resolving the complaint, that advisor may be
15

prohibited from further participation.
16

(12) The complainant and the respondent may not be
17

compelled to testify, if the complaint resolution
18

procedure involves a hearing, in the presence of the other
19

party. If a party invokes this right, the higher education
20

institution shall provide a procedure by which each party
21

can, at a minimum, hear the other party's testimony.
22

(12.5) Survivors of sexual violence, domestic
23

violence, dating violence, stalking, or sexual harassment
24

have a right to have a support person of their choosing,
25

including a confidential advisor, at any meeting or
26

proceeding related to an alleged violation of the

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LRB104 18841 LNS 32286 b
1

comprehensive policy or under Title IX of the federal
2

Education Amendments of 1972. If a support person violates
3

the rules or engages in behavior that harasses, abuses, or
4

intimidates either party, a witness, or an individual
5

resolving the complaint, that support person may be
6

prohibited from further participation. Nothing in this
7

paragraph (12.5) prohibits a higher education institution
8

from allowing respondents to have their own support
9

person.

10

(13) The complainant and the respondent are entitled
11

to simultaneous, written notification of the results of
12

the complaint resolution procedure, including information
13

regarding appeal rights, within 7 days of a decision or
14

sooner if required by State or federal law.
15

(14) The complainant and the respondent shall, at a
16

minimum, have the right to timely appeal the complaint
17

resolution procedure's findings or imposed sanctions if
18

the party alleges (i) a procedural error occurred, (ii)
19

new information exists that would substantially change the
20

outcome of the finding, or (iii) the sanction is
21

disproportionate with the violation. The individual or
22

individuals reviewing the findings or imposed sanctions
23

shall not have participated previously in the complaint
24

resolution procedure and shall not have a conflict of
25

interest with either party. The complainant and the
26

respondent shall receive
written notice of an appeal and

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1

the alleged grounds for appeal within 7 days after the
2

appeal was submitted to the higher education institution,
3

and the nonappealing party shall be provided an
4

opportunity to submit a response to the higher education
5

institution. The complainant and the respondent shall
6

receive notice of
the appeal decision in writing within 7
7

days after the conclusion of the review of findings or
8

sanctions or sooner if required by federal or State law.
9

(15) The higher education institution shall not
10

disclose the identity of the
complainant

survivor
or the
11

respondent, except as necessary to resolve the complaint
12

or to implement
interim
protective measures and
13

accommodations or when provided by State or federal law.
14
(Source: P.A. 99-426, eff. 8-21-15.)

15

(110 ILCS 155/30)
16

Sec. 30.
Campus training, education, and awareness.
17

(a) On or before August 1, 2016, a higher education
18
institution shall prominently publish, timely update, and have
19
easily available on its Internet website all of the following
20
information:
21

(1) The higher education institution's comprehensive
22

policy, as well as options and resources available to
23

survivors.
24

(2) The higher education institution's student
25

notification of rights and options described in Section 15

SB3467
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LRB104 18841 LNS 32286 b
1

of this Act.
2

(3) The name and contact information for all of the
3

higher education institution's Title IX coordinators.
4

(4) An explanation of the role of (i) Title IX
5

coordinators, including deputy or assistant Title IX
6

coordinators, under Title IX of the federal Education
7

Amendments of 1972, (ii) responsible employees under Title
8

IX of the federal Education Amendments of 1972, (iii)
9

campus security authorities under the federal Jeanne Clery
10

Disclosure of Campus Security Policy and Campus Crime
11

Statistics Act, and (iv) mandated reporters under the
12

Abused and Neglected Child Reporting Act and the reporting
13

obligations of each, as well as the level of
14

confidentiality each is allowed to provide to reporting
15

students under relevant federal and State law.
16

(5) The name, title, and contact information for all
17

confidential advisors, counseling services, and
18

confidential resources that can provide a confidential
19

response to a report and a description of what
20

confidential reporting means.
21

(6) The telephone number and website URL for
22

community-based, State, and national hotlines providing
23

information to sexual violence survivors.
24

(b) Beginning with the 2016-2017 academic year, each
25
higher education institution shall provide sexual violence
26
primary prevention and awareness programming for all students

SB3467
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LRB104 18841 LNS 32286 b
1
who attend one or more classes on campus, which shall include,
2
at a minimum, annual training as described in this subsection
3
(b). Nothing in this Section shall be construed to limit the
4
higher education institution's ability to conduct additional
5
ongoing sexual violence primary prevention and awareness
6
programming.
7

Each higher education institution's annual training shall,
8
at a minimum, provide each student who attends one or more
9
classes on campus information regarding the higher education
10
institution's comprehensive policy, including without
11
limitation the following:
12

(1) the institution's definitions of consent,
13

inability to consent, and retaliation as they relate to
14

sexual violence;
15

(2) reporting to the higher education institution,
16

campus law enforcement, and local law enforcement;
17

(3) reporting to the confidential advisor or other
18

confidential resources;
19

(4) available survivor services; and
20

(5) strategies for bystander intervention and risk
21

reduction.
22

At the beginning of each academic year, each higher
23
education institution shall provide each student of the higher
24
education institution with an electronic copy or hard copy of
25
its comprehensive policy, procedures, and related protocols.
26

(c)
A

Beginning in the 2016-2017 academic year, a
higher

SB3467
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LRB104 18841 LNS 32286 b
1
education institution shall provide annual survivor-centered
2
and trauma-informed response training to any employee of the
3
higher education institution who is involved in (i) the
4
receipt of a student report of an alleged incident of sexual
5
violence, domestic violence, dating violence,
or
stalking
, or
6
sexual harassment
, (ii) the referral or provision of services
7
to a survivor, or (iii) any campus complaint resolution
8
procedure that results from an alleged incident of sexual
9
violence, domestic violence, dating violence,
or
stalking
, or
10
sexual harassment
. Employees falling under this description
11
include without limitation the Title IX coordinator, members
12
of the higher education institution's campus law enforcement,
13
and campus security. An enrolled student at or a contracted
14
service provider of the higher education institution with the
15
employee responsibilities outlined in clauses (i) through
16
(iii) of this paragraph shall also receive annual
17
survivor-centered and trauma-informed response training.
18

The higher education institution shall design the training
19
to improve the trainee's ability to understand (i) the higher
20
education institution's comprehensive policy; (ii) the
21
relevant federal and State law concerning survivors of sexual
22
violence, domestic violence, dating violence,
and
stalking
,
23
and sexual harassment
at higher education institutions; (iii)
24
the roles of the higher education institution, medical
25
providers, law enforcement, and community agencies in ensuring
26
a coordinated response to a reported incident of sexual

SB3467
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LRB104 18841 LNS 32286 b
1
violence; (iv) the effects of trauma on a survivor; (v) the
2
types of conduct that constitute sexual violence, domestic
3
violence, dating violence,
and
stalking
, and sexual
4
harassment
, including same-sex violence
and digital sexual
5
harassment
; and (vi) consent and the role drugs and alcohol
6
use can have on the ability to consent. The training shall also
7
seek to improve the trainee's ability to respond with cultural
8
sensitivity; provide services to or assist in locating
9
services for a survivor, as appropriate; and communicate
10
sensitively and compassionately with a survivor of sexual
11
violence, domestic violence, dating violence,
or
stalking
, or
12
sexual harassment
.
13
(Source: P.A. 99-426, eff. 8-21-15.)

14

(110 ILCS 155/50 new)
15

Sec. 50.
Cause of action.
Violations of this Act are
16
actionable in civil court as described in this Section. A
17
survivor has a cause of action against any higher education
18
institution that responds or fails to respond to sexual
19
violence, domestic violence, dating violence, stalking, or
20
sexual harassment in a way that shows reckless disregard for
21
the requirements of this Act or that shows reckless disregard
22
for the life or safety of the survivor.

23

(110 ILCS 155/55 new)
24

Sec. 55.
Relief.
A prevailing survivor is entitled to

SB3467
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1
relief that includes, but is not limited to:
2

(1) declaratory relief;
3

(2) injunctive relief;
4

(3) the recovery of costs and attorney's fees,
5

including, but not limited to, costs for expert testimony
6

and witness fees;
7

(4) compensatory damages, including, but not limited
8

to, economic loss, including damage to, the destruction
9

of, or the loss of use of personal property, lost wages, or
10

the loss of past or future earnings' capacity;
11

(5) damages for personal injury, disease, or mental or
12

emotional harm, including medical care, rehabilitation,
13

pain and suffering, or physical impairment; and
14

(6) punitive damages.

15

Section 10.
The Code of Civil Procedure is amended by
16
changing Section 8-804 as follows:

17

(735 ILCS 5/8-804)
18

Sec. 8-804.
Confidential advisor.
19

(a) This Section is intended to protect students at higher
20
education institutions in this State who are survivors of
21
sexual violence
, domestic violence, dating violence, stalking,
22
or sexual harassment
from public disclosure of communications
23
they make in confidence to confidential advisors. Because of
24
the fear, stigma, and trauma that often result from incidents

SB3467
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LRB104 18841 LNS 32286 b
1
of
gender-based

sexual
violence, many survivors hesitate to
2
report or seek help, even when it is available at no cost to
3
them. As a result, they not only fail to receive needed medical
4
care and emergency counseling, but may lack the psychological
5
support necessary to report the incident
of sexual violence
to
6
the higher education institution or law enforcement.
7

(b) In this Section:
8

"Confidential advisor" means a person who is employed or
9
contracted by a higher education institution to provide
10
emergency and ongoing support to survivors
of sexual violence

11
with the training, duties, and responsibilities described in
12
Section 20 of the Preventing Sexual Violence in Higher
13
Education Act.
14

"Dating violence" has the meaning given to that term in
15
the Preventing Sexual Violence in Higher Education Act.
16

"Domestic violence" has the meaning given to that term in
17
the Preventing Sexual Violence in Higher Education Act.
18

"Gender-based violence" means sexual violence, domestic
19
violence, dating violence, stalking, or sexual harassment.

20

"Higher education institution" means a public university,
21
a public community college, or an independent, not-for-profit
22
or for-profit higher education institution located in this
23
State.
24

"Sexual harassment" has the meaning given to that term in
25
the Preventing Sexual Violence in Higher Education Act.

26

"Sexual violence"
has the meaning given to that term in

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LRB104 18841 LNS 32286 b
1
the Preventing Sexual Violence in Higher Education Act

means
2
physical sexual acts attempted or perpetrated against a
3
person's will or when a person is incapable of giving consent,
4
including without limitation rape, sexual assault, sexual
5
battery, sexual abuse, and sexual coercion
.
6

"Stalking" has the meaning given to that term in the
7
Preventing Sexual Violence in Higher Education Act.

8

"Survivor"
has the meaning given to that term in the
9
Preventing Sexual Violence in Higher Education Act

means a
10
student who has experienced sexual violence while enrolled at
11
a higher education institution
.
12

(c) All communications between a confidential advisor and
13
a survivor
pertaining to an incident of sexual violence
shall
14
remain confidential, unless the survivor consents to the
15
disclosure of the communication in writing, the disclosure
16
falls within one of the exceptions outlined in subsection (d)
17
of this Section, or failure to disclose the communication
18
would violate State or federal law. Communications include all
19
records kept by the confidential advisor in the course of
20
providing the survivor with services
related to the incident
21
of sexual violence
.
22

(d) The confidential advisor may disclose confidential
23
communications between the confidential advisor and the
24
survivor if failure to disclose would result in a clear,
25
imminent risk of serious physical injury to or death of the
26
survivor or another person.

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LRB104 18841 LNS 32286 b
1

The confidential advisor shall have no obligation to
2
report crimes to the higher education institution or law
3
enforcement, except to report to the Title IX coordinator, as
4
defined by Title IX of the federal Education Amendments of
5
1972, on a monthly basis the number and type of incidents of
6
sexual violence
, domestic violence, dating violence, stalking,
7
and sexual harassment
reported exclusively to the confidential
8
advisor in accordance with the higher education institution's
9
reporting requirements under subsection (b) of Section 9.21 of
10
the Board of Higher Education Act and under federal law.
11

If, in any judicial proceeding, a party alleges that the
12
communications are necessary to the determination of any issue
13
before the court and written consent to disclosure has not
14
been given, the party may ask the court to consider ordering
15
the disclosure of the communications. In such a case,
16
communications may be disclosed if the court finds, after in
17
camera examination of the communication, that the
18
communication is relevant, probative, and not unduly
19
prejudicial or inflammatory or is otherwise clearly
20
admissible; that other evidence is demonstrably unsatisfactory
21
as evidence of the facts sought to be established by the
22
communication or communications; and that disclosure is more
23
important to the interests of substantial justice than
24
protection from injury to the confidential advisor-survivor
25
relationship, to the survivor, or to any other individual whom
26
disclosure is likely to harm.

SB3467
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LRB104 18841 LNS 32286 b
1

(e) This privilege shall not preclude an individual from
2
asserting a greater privilege under federal or State law that
3
applies.
4
(Source: P.A. 99-426, eff. 8-21-15.)

5

Section 99.
Effective date.
This Act takes effect July 1,
6
2027.

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