Illinois Compiled Statutes
Chapter 110 - HIGHER EDUCATION
110 ILCS 155/ - Preventing Sexual Violence in Higher Education Act.

(110 ILCS 155/1)
Sec. 1. Short title. This Act may be cited as the Preventing Sexual Violence in Higher Education Act.

(Source: P.A. 99-426, eff. 8-21-15.)
 
(110 ILCS 155/5)
Sec. 5. Definitions. In this Act:
"Awareness programming" means institutional action designed to communicate the prevalence of sexual violence, including without limitation training, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars, or panel discussions.
"Bystander intervention" includes without limitation the act of challenging the social norms that support, condone, or permit sexual violence.
"Complainant" means a student who files a complaint alleging violation of the comprehensive policy through the higher education institution's complaint resolution procedure.
"Comprehensive policy" means a policy created and implemented by a higher education institution to address student allegations of sexual violence, domestic violence, dating violence, and stalking.
"Confidential advisor" means a person who is employed or contracted by a higher education institution to provide emergency and ongoing support to student survivors of sexual violence with the training, duties, and responsibilities described in Section 20 of this Act.
"Higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State.
"Primary prevention programming" means institutional action and strategies intended to prevent sexual violence before it occurs by means of changing social norms and other approaches, including without limitation training, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars, or panel discussions.
"Respondent" means a student involved in the complaint resolution procedure who has been accused of violating a higher education institution's comprehensive policy.
"Sexual violence" means physical sexual acts attempted or perpetrated against a person's will or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
"Survivor" means a student who has experienced sexual violence, domestic violence, dating violence, or stalking while enrolled at a higher education institution.
"Survivor-centered" means a systematic focus on the needs
and concerns of a survivor of sexual violence, domestic
violence, dating violence, or stalking that (i) ensures
the compassionate and sensitive delivery of services in a
nonjudgmental manner; (ii) ensures an understanding of how
trauma affects survivor behavior; (iii) maintains survivor
safety, privacy, and, if possible, confidentiality; and (iv)
recognizes that a survivor is not responsible for the
sexual violence, domestic violence, dating violence, or
stalking.
"Trauma-informed response" means a response involving an understanding of the complexities of sexual violence, domestic violence, dating violence, or stalking through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding sexual violence, domestic violence, dating violence, or stalking, and understanding the behavior of perpetrators.

(Source: P.A. 99-426, eff. 8-21-15.)
 
(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:
(Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16; 100-1087, eff. 1-1-19.)
 
(110 ILCS 155/15)
Sec. 15. Student notification of rights and options.
(a) On or before August 1, 2016, upon being notified of an alleged violation of the comprehensive policy by or on behalf of a student, each higher education institution shall, at a minimum, provide the survivor, when identified, with a concise notification, written in plain language, of the survivor's rights and options, including without limitation:
(b) Within 12 hours after receiving an electronic report, the higher education institution shall respond to the electronic reporter and, at a minimum, provide the information described in subdivisions (1) through (6) of subsection (a) of this Section
and a list of available resources. The higher education institution may choose the manner in which it responds including, but not limited to, through verbal or electronic communication. Nothing in this subsection (b) limits a higher education institution's obligations under subsection (a) of this Section.

(Source: P.A. 99-426, eff. 8-21-15.)
 
(110 ILCS 155/20)
Sec. 20. Confidential advisor.
(a) Each higher education institution shall provide students with access to confidential advisors to provide emergency and ongoing support to survivors of sexual violence.
(b) The confidential advisors may not be individuals on campus who are designated as responsible employees under Title IX of the federal Education Amendments of 1972. Nothing in this Section precludes a higher education institution from partnering with a community-based sexual assault crisis center to provide confidential advisors.
(c) All confidential advisors shall receive 40 hours of training on sexual violence, if they have not already completed this 40-hour training, before being designated a confidential advisor and shall attend a minimum of 6 hours of ongoing education training annually on issues related to sexual violence to remain a confidential advisor. Confidential advisors shall also receive periodic training on the campus administrative processes, interim protective measures and accommodations, and complaint resolution procedures.
(d) In the course of working with a survivor, each confidential advisor shall, at a minimum, do all of the following:
(Source: P.A. 99-426, eff. 8-21-15.)
 
(110 ILCS 155/25)
Sec. 25. Complaint resolution procedures.
(a) On or before August 1, 2016, each campus of a higher education institution shall adopt one procedure to resolve complaints of alleged student violations of the comprehensive policy.
(b) For each campus, a higher education institution's complaint resolution procedures for allegations of student violation of the comprehensive policy shall provide, at a minimum, all of the following:
(Source: P.A. 99-426, eff. 8-21-15.)
 
(110 ILCS 155/30)
Sec. 30. Campus training, education, and awareness.
(a) On or before August 1, 2016, a higher education institution shall prominently publish, timely update, and have easily available on its Internet website all of the following information:
(b) Beginning with the 2016-2017 academic year, each higher education institution shall provide sexual violence primary prevention and awareness programming for all students who attend one or more classes on campus, which shall include, at a minimum, annual training as described in this subsection (b). Nothing in this Section shall be construed to limit the higher education institution's ability to conduct additional ongoing sexual violence primary prevention and awareness programming.
Each higher education institution's annual training shall, at a minimum, provide each student who attends one or more classes on campus information regarding the higher education institution's comprehensive policy, including without limitation the following:
At the beginning of each academic year, each higher education institution shall provide each student of the higher education institution with an electronic copy or hard copy of its comprehensive policy, procedures, and related protocols.
(c) Beginning in the 2016-2017 academic year, a higher education institution shall provide annual survivor-centered and trauma-informed response training to any employee of the higher education institution who is involved in (i) the receipt of a student report of an alleged incident of sexual violence, domestic violence, dating violence, or stalking, (ii) the referral or provision of services to a survivor, or (iii) any campus complaint resolution procedure that results from an alleged incident of sexual violence, domestic violence, dating violence, or stalking. Employees falling under this description include without limitation the Title IX coordinator, members of the higher education institution's campus law enforcement, and campus security. An enrolled student at or a contracted service provider of the higher education institution with the employee responsibilities outlined in clauses (i) through (iii) of this paragraph shall also receive annual survivor-centered and trauma-informed response training.
The higher education institution shall design the training to improve the trainee's ability to understand (i) the higher education institution's comprehensive policy; (ii) the relevant federal and State law concerning survivors of sexual violence, domestic violence, dating violence, and stalking at higher education institutions; (iii) the roles of the higher education institution, medical providers, law enforcement, and community agencies in ensuring a coordinated response to a reported incident of sexual violence; (iv) the effects of trauma on a survivor; (v) the types of conduct that constitute sexual violence, domestic violence, dating violence, and stalking, including same-sex violence; and (vi) consent and the role drugs and alcohol use can have on the ability to consent. The training shall also seek to improve the trainee's ability to respond with cultural sensitivity; provide services to or assist in locating services for a survivor, as appropriate; and communicate sensitively and compassionately with a survivor of sexual violence, domestic violence, dating violence, or stalking.

(Source: P.A. 99-426, eff. 8-21-15.)
 
(110 ILCS 155/35)
Sec. 35. Sexual misconduct climate survey.
(a) As used in this Section:
"Base survey" means a base set of common questions recommended by the Task Force on Campus Sexual Misconduct Climate Surveys and approved by the Executive Director of the Board of Higher Education.
"Student" means a person who is enrolled in a public or private degree-granting, post-secondary higher education institution, whether part-time, full-time, or as an extension student, including any person who has taken a leave of absence or who has withdrawn from the higher education institution due to being a victim of sexual misconduct.
"Trauma informed" means an understanding of the complexities of sexual violence, domestic violence, dating violence, or stalking through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding sexual violence, domestic violence, dating violence, or stalking, and understanding the behavior of perpetrators.
(b) Each higher education institution shall annually conduct a sexual misconduct climate survey of all students at the institution. Each higher education institution's sexual misconduct climate survey shall include the base survey, which the Board of Higher Education shall provide to the institution every 2 years. Each institution may append its own campus-specific questions to the base survey if questions do not require the disclosure of any personally identifying information by the students and are trauma informed. The Board of Higher Education, in consultation with the Office of the Attorney General, as necessary, shall review any complaints submitted by students who believe that questions included in the campus sexual misconduct climate survey are traumatizing. Within 120 days after completion of a sexual misconduct climate survey, but no later than one year after the Board of Higher Education issued the last base survey, each institution shall compile a summary of the results of the sexual misconduct climate survey, including, but not limited to, the complete aggregated results for each base survey question, and shall submit the summary to the Board of Higher Education, as well as publish the summary on the institution's website in an easily accessible manner.
(c) The Task Force on Campus Sexual Misconduct Climate Surveys is created. The Task Force shall consist of the following members:
The Task Force shall hold its first meeting as soon as practicable after the effective date of this amendatory Act of the 102nd General Assembly. Administrative and other support for the Task Force shall be provided by the Board of Higher Education. Members of the Task Force shall serve 2-year terms that commence on the date of appointment. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled by the appointing authority. Any vacancy occurring other than by expiration of the term shall be filled for the balance of the unexpired term. A majority of the Task Force shall constitute a quorum for the transaction of any business.
Members of the Task Force shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties if funds are available. However, the higher education institution in which a student member is enrolled may compensate that student for participating on the Task Force through a work-study program or by providing a stipend to support the work of the student member on the Task Force.
(d) The Task Force shall develop and recommend to the Board of Higher Education the base survey for distribution to higher education institutions and provide the Board of Higher Education with any related recommendations regarding the content, timing, and application of the base survey. The Task Force shall deliver the base survey and related recommendations, including, but not limited to, recommendations on achieving statistically valid response rates, to the Board of Higher Education no less often than every 2 years and for the first time on or before July 31, 2022. Thereafter, the Task Force shall meet in the year 2024 and in the year 2026 to review the results of the survey and to implement updates and improvements. The Task Force is dissolved after the completion of the 2026 base survey. After the dissolution of the Task Force, the Executive Director of the Board of Higher Education or a designee shall review the base survey every 2 years to consider any feedback that has been received and to implement improvements.
(e) In developing the base survey, the Task Force shall:
(f) The base survey shall gather information on topics, including, but not limited to:
(g) The sexual misconduct climate survey shall collect
anonymous responses and shall not provide for the public disclosure of any personally identifying information. No institution may use or attempt to use information collected through the sexual misconduct climate survey to identify or contact any individual student on campus, nor shall the results of the survey be used as the basis for any type of investigation or disciplinary or legal proceeding.
(h) There shall be established within the Office of the Board of Higher Education a data repository for all summaries of sexual misconduct climate surveys submitted by higher education institutions to the Board of Higher Education in accordance with subsection (b). The Board of Higher Education shall ensure that the sexual misconduct climate survey data submitted by all institutions is available to the public in an easily accessible manner on the Board of Higher Education's website.
(i) Each higher education institution shall publish on the institution's website in an easily accessible manner:
(j) The Board of Higher Education shall establish rules and procedures, including deadlines for dissemination and collection of survey information, consistent with the purposes of this Section and shall promote effective solicitation to achieve the highest practical response rate, collection, and publication of statistical information gathered from higher education institutions.
(k) Upon determination, after reasonable notice and opportunity for a hearing, that a higher education institution has violated or failed to carry out any provision of this Section or any rule adopted under this Section, the Board of Higher Education may impose a civil penalty upon such institution not to exceed $50,000, which shall be adjusted for inflation annually, for each violation. The Board of Higher Education shall use any such civil penalty funds to provide oversight of this Section and to provide funding to community organizations that provide services to sexual assault victims. The Attorney General may bring an action in the circuit court to enforce the collection of any monetary penalty imposed under this subsection (k).

(Source: P.A. 102-325, eff. 8-6-21.)
 
(110 ILCS 155/75)
Sec. 75. (Amendatory provisions; text omitted).

(Source: P.A. 99-426, eff. 8-21-15; text omitted.)
 
(110 ILCS 155/80)
Sec. 80. (Amendatory provisions; text omitted).

(Source: P.A. 99-426, eff. 8-21-15; text omitted.)
 
(110 ILCS 155/85)
Sec. 85. (Amendatory provisions; text omitted).

(Source: P.A. 99-426, eff. 8-21-15; text omitted.)
 
(110 ILCS 155/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.

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

Structure Illinois Compiled Statutes