Illinois Compiled Statutes
775 ILCS 5/ - Illinois Human Rights Act.
Article 5A - Elementary, Secondary, and Higher Education

(775 ILCS 5/Art. 5A heading)

(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
Sec. 5A-101. Definitions. The following definitions are applicable
strictly in the content of this Article, except that the term "sexual
harassment
in elementary, secondary, and
higher education" as defined herein has the meaning herein ascribed to
it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher Education. "Institution of elementary, secondary, or higher education"
means: (1) a

publicly or privately operated university, college,
community
college, junior college, business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary
school level; or
(2) a publicly or privately operated elementary school or secondary school.
(B) Degree. "Degree" means: (1) a
designation, appellation,
series of letters
or words or other symbols which signifies or purports to signify that the
recipient thereof has satisfactorily completed an organized academic, business
or vocational program of study offered beyond the
secondary
school level; or (2) a designation signifying that the recipient has
graduated from an elementary school or secondary school.
(C) Student. "Student" means any individual admitted to or applying for
admission to an institution of elementary, secondary, or higher education, or
enrolled on a full or
part time basis in a course or program of academic, business or vocational
instruction offered by or through an institution of elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education Representative. "Elementary, secondary, or higher education
representative"
means and includes the president, chancellor or other holder of any executive
office on the administrative staff of an institution of higher education,
an administrator of an elementary school or secondary school, a
member of the faculty of an institution of higher education,
including
but not limited to a dean or associate or assistant dean, a professor or
associate or assistant professor, and a full or part time instructor or
visiting professor, including a graduate assistant or other student who
is employed on a temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or vocational
instruction offered by or through an institution of higher education, and any
teacher, instructor, or other employee of an elementary school or secondary school.
(E) Sexual Harassment in Elementary, Secondary, and Higher Education. "Sexual harassment in
elementary, secondary, and
higher
education" means any unwelcome sexual advances or requests for sexual favors
made by an elementary, secondary, or
higher
education representative to a student, or any
conduct of
a sexual nature exhibited by
an elementary, secondary, or

higher education representative
toward a
student, when such conduct has the purpose of substantially interfering
with the student's educational performance or creating an intimidating,
hostile or offensive educational environment; or when the elementary, secondary, or higher education
representative either explicitly or implicitly makes the student's submission
to such conduct a term or condition of, or uses the student's submission
to or rejection of such conduct as a basis for determining:
(Source: P.A. 96-1319, eff. 7-27-10.)

(775 ILCS 5/5A-101.1)
Sec. 5A-101.1. Notice.
(A) Every institution of higher education covered by this Act shall post in a prominent and accessible location a poster stating sexual harassment laws and policies. The poster shall be (i) posted and kept posted at each campus in common area positions easily accessible to all students including, but not limited to residence halls, administration buildings, student unions, cafeterias, and libraries or (ii) posted annually at each campus in common area positions easily accessible to all students including, but not limited to, residence halls, administration buildings, student unions, cafeterias, and libraries, with an electronic copy of the sexual harassment laws and policies also sent to each student at the time that registration materials are emailed or (iii) on campuses that provide for online registration of student classes, such information pertaining to sexual harassment laws and policies may be incorporated into the registration process so that students must review the policies and laws and acknowledge such review, prior to being allowed to register. Documents to be posted shall be retrieved from the Illinois Department of Human Rights website to satisfy posting requirements. Posting of the posters shall be effectuated within 90 days of the effective date of this amendatory Act of the 96th General Assembly and shall occur annually thereafter.
(B) The posted sexual harassment poster shall include, at a minimum, the following information: (i) the illegality of sexual harassment in higher education; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the institution's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights; (vi) directions on how to contact the Department; and (vii) protection against retaliation as provided by Sections 6-101 and 6-101.5 of this Act.
(C) Upon notification of a failure to post, the Department of Human Rights may launch a preliminary investigation. If the Department finds a failure to post, the Department may issue a notice to show cause giving the institution 30 days to correct the failure to post. If the failure to post is not corrected, the Department may initiate a charge of a civil rights violation.

(Source: P.A. 102-362, eff. 1-1-22.)

(775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
Sec. 5A-102. Civil Rights Violations-Elementary, Secondary, and Higher Education. It is a civil
rights violation:
(A) Elementary, Secondary, or Higher Education Representative. For any elementary, secondary, or higher education representative
to commit or engage in sexual harassment in elementary, secondary, or higher education.
(B) Institution of Elementary, Secondary, or Higher Education. For any institution of elementary, secondary, or higher education
to fail to take remedial action, or to fail to take appropriate disciplinary
action against an elementary, secondary, or higher education representative employed by such institution,
when such institution knows that such elementary, secondary, or higher education representative was
committing or engaging in or committed or engaged
in sexual harassment in elementary, secondary, or higher education.

(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)