Public Act 099-0741
 
SB2839 EnrolledLRB099 18919 MLM 43307 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Preventing Sexual Violence in Higher 
Education Act is amended  by changing Section 10 as follows:
 
    (110 ILCS 155/10)

    Sec. 10. Comprehensive policy. On or before August 1, 2016, 
all higher education institutions shall adopt a comprehensive 
policy concerning sexual violence, domestic violence, dating 
violence, and stalking consistent with governing federal and 
State law. The higher education institution's  comprehensive 
policy shall include, at a minimum, all of the following 
components:
        (1) A definition of consent that, at a minimum, 
    recognizes that (i) consent is a freely given agreement to 
    sexual activity, (ii) a person's lack of verbal or physical 
    resistance or submission resulting from the use or threat 
    of force does not constitute consent, (iii) a person's 
    manner of dress does not constitute consent, (iv) a 
    person's consent to past sexual activity does not 
    constitute consent to future sexual activity, (v) a 
    person's consent to engage in sexual activity with one 
    person does not constitute consent to engage in sexual 
    activity with another, (vi) a person can withdraw consent 
    at any time, and (vii) a person cannot consent to sexual 
    activity if that person is unable to understand the nature 
    of the activity or give knowing consent due to 
    circumstances, including without limitation the following:
            (A) the person is incapacitated due to the use or 
        influence of alcohol or drugs;
            (B) the person is asleep or unconscious;
            (C) the person is under age; or
            (D) the person is incapacitated due to a mental 
        disability.
        Nothing in this Section prevents a higher education 
    institution from defining consent in a more demanding 
    manner.
        (2) Procedures that students of the higher education 
    institution may follow if they choose to report an alleged 
    violation of the comprehensive policy, regardless of where 
    the incident of sexual violence, domestic violence, dating 
    violence, or stalking occurred, including all of the 
    following:
            (A) Name and contact information for the Title IX 
        coordinator, campus law enforcement or security, local 
        law enforcement, and the community-based sexual 
        assault crisis center.
            (B) The name, title, and contact information for 
        confidential advisors and other confidential resources 
        and a description of what confidential reporting 
        means.
            (C) Information regarding the various individuals, 
        departments, or organizations to whom a student  may 
        report a violation of the comprehensive policy, 
        specifying for each individual and entity (i) the 
        extent of the individual's or entity's reporting 
        obligation, (ii) the extent of the individual's or 
        entity's ability to protect the student's privacy, and 
        (iii) the extent of the individual's or entity's 
        ability to have confidential communications with the 
        student.
            (D) An option for students to electronically 
        report.
            (E) An option for students to anonymously report.
            (F) An option for students to confidentially 
        report.
            (G) An option for reports by third parties and 
        bystanders.
        (3) The higher education institution's procedure for 
    responding to a report of an alleged incident of sexual 
    violence, domestic violence, dating violence, or stalking, 
    including without limitation (i) assisting and 
    interviewing the survivor, (ii) identifying and locating 
    witnesses, (iii) contacting and interviewing the 
    respondent, (iv) contacting and cooperating with law 
    enforcement, when applicable, and (v) providing 
    information regarding the importance of preserving 
    physical evidence of the sexual violence and the 
    availability of a medical forensic examination at no charge 
    to the survivor.
        (4) A statement of the higher education institution's 
    obligation to provide survivors with concise information, 
    written in plain language, concerning the survivor's 
    rights and options, upon receiving a report of an alleged 
    violation of the comprehensive policy, as described in 
    Section 15 of this Act.
        (5) The name, address, and telephone number of the 
    medical facility nearest to each campus of the higher 
    education institution where a survivor may have a medical 
    forensic examination completed at no cost to the survivor, 
    pursuant to the Sexual Assault Survivors Emergency 
    Treatment Act.
        (6) The name, telephone number, address, and website 
    URL, if available, of community-based, State, and national 
    sexual assault crisis centers.
        (7) A statement notifying survivors of the interim 
    protective
measures and accommodations reasonably 
    available from the
higher education institution that a 
    survivor may request in
response to an alleged violation of 
    the comprehensive
policy, including without limitation 
    changes to academic,
living, dining, transportation, and 
    working situations,
obtaining and enforcing campus no 
    contact orders, and
honoring an order of protection or no 
    contact order entered
by a State civil or criminal court.
        (8) The higher education institution's complaint 
    resolution procedures if a student alleges violation of the 
    comprehensive violence policy, including, at a minimum, 
    the guidelines set forth in Section 25 of this Act.
        (9) A statement of the range of sanctions the higher 
    education institution may impose following the 
    implementation of its complaint resolution procedures in 
    response to an alleged violation of the comprehensive 
    policy. Sanctions may include, but are not limited to, 
    suspension, expulsion, or removal of the student found, 
    after complaint resolution procedures, to be in violation 
    of the comprehensive policy of the higher education 
    institution. 
        (10) A statement of the higher education institution's 
    obligation to include an amnesty provision that provides 
    immunity to any student who reports, in good faith, an 
    alleged violation of the higher education institution's 
    comprehensive policy to a responsible employee, as defined 
    by federal law, so that the reporting student will not 
    receive a disciplinary sanction by the institution for a 
    student conduct violation, such as underage drinking, that 
    is revealed in the course of such a report, unless the 
    institution determines that the violation was egregious, 
    including without limitation an action that places the 
    health or safety of any other person at risk.
        (11) A statement of the higher education institution's 
    prohibition on retaliation against those who, in good 
    faith, report or disclose an alleged violation of the 
    comprehensive policy, file a complaint, or otherwise 
    participate in the complaint resolution procedure and 
    available sanctions for individuals who engage in 
    retaliatory conduct.

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

    Section 99. Effective date. This Act takes effect upon 
becoming law.