HB 4990 — HIGHER ED-PREVENT SEX VIOLENCE

However, while third parties and bystanders may report, nothe complainthigher resolutioneducation procedureinstitution may beginnot unlesscompel thea survivorsurvivor's agreesparticipation toin proceeda withcomplaint aresolution report.procedure.

(H) Information about how the higher education institution protectsprohibits individualsand whoresponds reportto fromretaliation retaliation.and the process for reporting retaliation under the comprehensive policy.

(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, or sexual harassment, 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 HB4990 - 10 - LRB104 18294 LNS 31734 b 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, and (vi) protectingproviding information about how the survivorhigher fromeducation retaliation.institution prohibits and responds to retaliation and the process for reporting retaliation under the comprehensive policy.

(4) A statement of the higher education institution's HB4990 Engrossed - 10 - LRB104 18294 LNS 31734 b 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.

(7) A statement notifying survivors of the interim protective and supportive 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 HB4990 - 11 - LRB104 18294 LNS 31734 b working situations, obtaining and enforcing campus no contact orders, and how the higher education institution supports the honoring of an order of protection or no contact order entered by a State civil or criminal court.

(8) The higher education institution's complaint HB4990 Engrossed - 11 - LRB104 18294 LNS 31734 b 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.

(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 or possession or use of a controlled substance, that is HB4990 - 12 - LRB104 18294 LNS 31734 b 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 significant or HB4990 Engrossed - 12 - LRB104 18294 LNS 31734 b serious risk.

(b) On or before August 1, 2027, each higher education institution shall update its comprehensive policy to ensure compliance with this amendatory Act of the 104th General Assembly.

(c) Each higher education institution shall act in accordance with its comprehensive policy.

Beginning August 1, 2027, any party that is aggrieved by the failure of a higher education institution to respond to conduct that violates the higher education institution's comprehensive policy or the substantial failure of a higher education institution to act in accordance with its comprehensive policy may bring a civil lawsuit.

The lawsuit must be brought no later than 7 years after the alleged violation of the comprehensive policy or 7 years after the date the aggrieved party becomes aware of the alleged violation, whichever is later.

If the court finds that a higher education institution willfully violated its comprehensive policy or willfully disregarded the safety of the aggrieved party, the court may award actual and punitive HB4990 Engrossed - 13 - LRB104 18294 LNS 31734 b damages.

The court, as it deems appropriate, may grant, as relief, a permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.

Upon a motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under this subsection (c).

In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

Nothing in this Section may be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.

(1) the survivor's right to report or not report the alleged incident to the higher education institution, law enforcement, or both, including information about the HB4990 Engrossed - 1314 - LRB104 18294 LNS 31734 b enforcement, or both, including information about the survivor's right to privacy and which reporting methods are confidential, as well as the survivor's right to participate or not participate in any investigation into the alleged incident;

(4) the survivor's ability to request interim protective and supportive measures and accommodations for survivors, including without limitation changes to academic, living, dining, working, and transportation situations,situations and, obtaining and enforcing a campus-issued order of protection or no contact order, if such protective and supportive measures and accommodations are reasonably available, and an order of protection or no contact order in State court;

andHB4990 (6)Engrossed a- summary15 of- theLRB104 higher18294 educationLNS institution's31734 HB4990b -and 14(6) -a LRB104summary 18294of LNSthe 31734higher beducation institution's complaint resolution procedures, under Section 25 of this Act, if the survivor reports a violation of the comprehensive policy;

(7) ainformation summaryabout ofhow the higher education institution'sinstitution prohibits and responds to retaliation and the process for protectingreporting survivorsretaliation fromunder retaliation.the comprehensive policy.

8-21-15.) HB4990 Engrossed - 16 - LRB104 18294 LNS 31734 b (110 ILCS 155/20) Sec.

(a) Each higher education institution shall provide students with access to confidential advisors to provide HB4990 - 15 - LRB104 18294 LNS 31734 b emergency and ongoing support to survivors of sexual violence.

(b-5) A confidential advisor is separate from a complaint advisor, unless athe complainant choosesand confidential advisor agree to have the confidential advisor also serve as the complaint advisor.

(c) All confidential advisors shall receive 40 hours of training on sexual violence, if they have not already HB4990 Engrossed - 17 - LRB104 18294 LNS 31734 b 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 HB4990 - 16 - LRB104 18294 LNS 31734 b administrative processes, interim protective and supportive measures and accommodations, and complaint resolution procedures.

A confidential advisor must inform the survivor if requesting or receiving certain resources or services that may HB4990 Engrossed - 18 - LRB104 18294 LNS 31734 b affect confidentiality.

HB4990 - 17 - LRB104 18294 LNS 31734 b (4) Provide confidential services to and have privileged, confidential communications with survivors of sexual violence in accordance with Section 8-804 of the Code of Civil Procedure.

A confidential advisor must inform the survivor if requesting or receiving certain resources or services that may affect confidentiality.

(6) Upon the survivor's request, liaise with the necessary campus authorities to secure interim protective and supportive measures and accommodations for the survivor.

(7) Upon the survivor's request, liaise with the necessary campus authorities to assist the survivor in responding to and advocating against any retaliation by the respondent or any other individual, including agents HB4990 Engrossed - 19 - LRB104 18294 LNS 31734 b of the higher education institution.

(a) On or before August 1, 2016, each campus of a higher education institution shall adopt one procedure to resolve HB4990 - 18 - LRB104 18294 LNS 31734 b complaints of alleged student violations of the comprehensive policy.

(1) Complainants and respondents alleging student violation of the comprehensive policy shall have the right to have opportunity to request that the complaint resolution procedure begin promptly and be completed within 120 days after the complaint was received by the higher education institution.

ABoth survivorparties shall have the right to the consideration of any additional accommodationsprotective and supportive measures that may be HB4990 Engrossed - 20 - LRB104 18294 LNS 31734 b necessary due to a delay in the complaint resolution procedure proceed in a timely manner.

(3) All individuals whose duties include resolution of complaints of student violations of the comprehensive policy shall receive a minimum of 8 to 10 hours of annual HB4990 - 19 - LRB104 18294 LNS 31734 b training on issues related to sexual violence, domestic violence, dating violence, and stalking, and sexual harassment and how to conduct the higher education institution's complaint resolution procedures, in addition to the annual training required for employees as provided in subsection (c) of Section 30 of this Act.

(4.5) The higher education institution may consolidate complaints by a complainant against more than one HB4990 Engrossed - 21 - LRB104 18294 LNS 31734 b respondent or by more than one complainant against one or more respondents if the allegations arise out of the same facts or circumstances if the higher education institution provides the complainant with a timely written notice of its intent to consolidate and offers the complainant a reasonable opportunity to respond.

However, in a consolidated complaint resolution proceeding, the individual or individuals resolving the complaints must take reasonable measures to protect the privacy of each complainant and respondent.

(6) The complainant and respondent shall (i) receive notice of the individual or individuals with authority to make a finding or impose a sanction in their proceeding before the individual or individuals initiate contact with either party and (ii) have the opportunity to request a substitution if the participation of an individual with HB4990 - 20 - LRB104 18294 LNS 31734 b authority to make a finding or impose a sanction poses a conflict of interest.

(7) The higher education institution shall have a procedure to determine interim protective and supportive measures and available accommodations available pending the resolution of the complaint.

Such protective measures and accommodationsHB4990 Engrossed - 22 - LRB104 18294 LNS 31734 b supportive measures must not be overly burdensome to theeither survivorparty or result in excluding theeither survivorparty from participation in, denying theeither survivorparty the benefits of, or subjecting theeither survivorparty to discrimination under any education program or activity or otherwise interfere with any right or privilege secured by this Act or Title IX of the federal Education Amendments of 1972.

Protective measures and accommodations may burden the respondent, but must not be overly burdensome in that they deny the respondent access to the respondent's education.

TheIf the higher education institution shalldetermines bearthat, to provide reasonable protective and supportive measures, it must burden either the costcomplainant ofor reasonablethe respondent, the higher education institution must minimize the burden on the complainant to the extent possible, unless the higher education institution is obligated to address the protective and supportive measures under Title IX of the federal Education Amendments of 1972 and accommodations.Title IX requires burdening the complainant instead of the respondent.

The higher education institution shall havebear athe procedurecost forof providing reasonable protective measures and accommodationssupportive tomeasures. all students who report sexual violence, domestic violence, dating violence, stalking, and sexual harassment.

SuchThe protectivehigher measureseducation andinstitution accommodations HB4990 - 21 - LRB104 18294 LNS 31734 b shall behave available even if a studentprocedure doesfor notproviding filereasonable aprotective formaland complaint,supportive themeasures student'sto complaintall isstudents dismissed,who orreport theresexual isviolence, nodomestic findingviolence, ofdating responsibilityviolence, instalking, theand complaintsexual resolutionharassment. procedure.

ProtectiveSuch measuresprotective and accommodationssupportive maymeasures include,shall butHB4990 areEngrossed not- limited23 to,- counseling,LRB104 extensions18294 ofLNS deadlines,31734 grantingb requestsbe toavailable changeeven enrollmentif optionsa afterstudent deadlinesdoes andnot otherfile course-related adjustments, campus escort services, increased security and monitoring of certain areas of the campus, campus no contact orders and honoring protective orders entered by a civilformal orcomplaint, criminal court, leaves of absence to seek medical care, legal assistance, counseling, safety planning, advocacy, or other assistance without penalty from the higherstudent's educationcomplaint institution,is excuseddismissed, absences to attend, participate in, or preparethere foris ano court,finding campus,of administrative,responsibility or quasi-judicial proceeding, training and education programs related to sexual violence, domestic violence, dating violence, stalking, or sexual harassment, and changes in athe classcomplaint schedule,resolution aprocedure. campus employment or work schedule, housing, or an extracurricular or other activity.

AProtective and supportive measures may include, but are not limited to, counseling, extensions of deadlines, granting requests to change enrollment options after deadlines and other course-related adjustments, campus escort services, increased security and monitoring of certain areas of the campus, campus no contact orders and honoring protective orders entered by a civil or criminal court, leaves of absence to seek medical care, legal assistance, counseling, safety planning, advocacy, or other assistance without penalty from the higher education institutioninstitution, mustexcused makeabsences to attend, participate in, or prepare for a goodcourt, faithcampus, effortadministrative, or quasi-judicial proceeding, training and education programs related to accommodatesexual requestsviolence, fordomestic protectiveviolence, measuresdating violence, stalking, or sexual harassment, and accommodations.changes in a class schedule, a campus employment or work schedule, housing, or an extracurricular or other activity.

TheA majorhigher oreducation courseinstitution enrolledmust inmake bya thegood survivorfaith iseffort notto aaccommodate reasonrequests tofor denyreasonable protective measuresand orsupportive HB4990measures. - 22 - LRB104 18294 LNS 31734 b accommodations.

Each request for protective and supportive measures must be evaluated on an individualized basis to determine the reasonableness of the request, and, HB4990 Engrossed - 24 - LRB104 18294 LNS 31734 b if the original request is determined to be unreasonable, the higher education institution must consider alternative reasonable protective and supportive measures to address the party's needs.

The major or course enrolled in by the party, on its own, is not a reason to deny protective and supportive measures.

(9.5) The higher education institution may not distribute any evidence that includes a private or intentionally digitally altered sexual image by physical or electronic means, except as legally required by law, a subpoenasubpoena, or a court orderorder. or as requested by the complainant.

The complainant, the HB4990 Engrossed - 25 - LRB104 18294 LNS 31734 b respondent, and each party's complaint advisor shall have the opportunity to view physical or electronic copies of any private or intentionally digitally altered sexual image evidence in person in a higher education institution office and only in the presence of anthe individual resolving the complaint.complaint, a Title IX coordinator or a member of the Title IX coordinator's staff, or the legal counsel representing the higher education institution.

HB4990 - 23 - LRB104 18294 LNS 31734 b If either party is unable to view this evidence in person, that party and the party's complainant advisor may view it temporarily via an electronic procedure established by the higher education institution that ensures confidentiality.

(10) The complainant, and the respondent, and each party's complaint advisor may not directly question the other party cross examine one another, but may, at the discretion and direction of the individual or individuals HB4990 Engrossed - 26 - LRB104 18294 LNS 31734 b resolving the complaint, suggest questions to be posed to the other party by the individual or individuals resolving the complaint and respond to the other party.

This prohibition on direct questioning does not apply to any complaint resolution procedure that involves a complaint that the higher education institution is obligated to address under Title IX of the federal Education Amendments of 1972 if, at the time of the complaint resolution HB4990 - 24 - LRB104 18294 LNS 31734 b procedure, Title IX rules require allowing crosscross-examination examination by the parties' complaint advisors.

If Title IX rules require allowing cross-examination by the parties' complaint advisors, the higher education institution must appoint a complaint advisor for any party that does not have one.

If the complaint advisor violates the rules or engages in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or an individual resolving the complaint, that advisor may be HB4990 Engrossed - 27 - LRB104 18294 LNS 31734 b prohibited from further participation.

(12.5) Survivors of sexual violence, domestic violence, dating violence, stalking, or sexual harassment have a right to have a support person of their choosing, including a confidential advisor, at any meeting or proceeding related to an alleged violation of the HB4990 - 25 - LRB104 18294 LNS 31734 b comprehensive policy or under Title IX of the federal Education Amendments of 1972.

HB4990 Engrossed - 28 - LRB104 18294 LNS 31734 b (14) The complainant and the respondent shall, at a minimum, have the right to timely appeal the complaint resolution procedure's findings or imposed sanctions if the party alleges (i) a procedural error occurred, (ii) new information exists that would substantially change the outcome of the finding, or (iii) the sanction is disproportionate with the violation.

The complainant and the respondent shall receive written notice of an appeal and HB4990 - 26 - LRB104 18294 LNS 31734 b the alleged grounds for appeal within 7 days after the appeal was submitted to the higher education institution, and the nonappealing party shall be provided an opportunity to submit a response to the higher education institution.

(15) The higher education institution shall not disclose the identity of the complainant survivor or the respondent, except as necessary to resolve the complaint or to implement interim protective and supportive measures and accommodations or when provided by State or federal law.

HB4990 Engrossed - 29 - LRB104 18294 LNS 31734 b (Source:

(2) The higher education institution's student notification of rights and options described in Section 15 HB4990 - 27 - LRB104 18294 LNS 31734 b of this Act.

(4) An explanation of the role of (i) Title IX coordinators, including deputy or assistant Title IX coordinators, under Title IX of the federal Education Amendments of 1972, (ii) responsible employees under Title IX of the federal Education Amendments of 1972, (iii) campus security authorities under the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and (iv) mandated reporters under the Abused and Neglected Child Reporting Act and the reporting obligations of each, as well as the level of HB4990 Engrossed - 30 - LRB104 18294 LNS 31734 b confidentiality each is allowed to provide to reporting students under relevant federal and State law.

(b) Beginning with the 2016-2017 academic year, each higher education institution shall provide sexual violence primary prevention and awareness programming for all students HB4990 - 28 - LRB104 18294 LNS 31734 b who attend one or more classes on campus, which shall include, at a minimum, annual training as described in this subsection (b).

(1) the institution's definitions of consent, inability to consent, and retaliation as they relate to HB4990 Engrossed - 31 - LRB104 18294 LNS 31734 b sexual violence;

(c) A Beginning in the 2016-2017 academic year, a higher HB4990 - 29 - LRB104 18294 LNS 31734 b 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, or sexual harassment, (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, or sexual harassment.

An enrolled student at or a contracted HB4990 Engrossed - 32 - LRB104 18294 LNS 31734 b 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.

(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 HB4990 - 30 - LRB104 18294 LNS 31734 b violence;

8-21-15.) (110HB4990 ILCSEngrossed 155/50- new)33 Sec.- LRB104 18294 LNS 31734 b Section 10.

50.

Cause of action.

Violations of this Act are actionable in civil court as described in this Section.

A survivor has a cause of action against any higher education institution that responds or fails to respond to sexual violence, domestic violence, dating violence, stalking, or sexual harassment in a way that shows reckless disregard for the requirements of this Act or that shows reckless disregard for the life or safety of the survivor.

(110 ILCS 155/55 new) Sec.

55.

Relief.

A prevailing survivor is entitled to HB4990 - 31 - LRB104 18294 LNS 31734 b relief that includes, but is not limited to:

(1) declaratory relief;

(2) injunctive relief;

(3) the recovery of costs and attorney's fees, including, but not limited to, costs for expert testimony and witness fees;

(4) compensatory damages, including, but not limited to, economic loss, including damage to, the destruction of, or the loss of use of personal property, lost wages, or the loss of past or future earnings' capacity;

(5) damages for personal injury, disease, or mental or emotional harm, including medical care, rehabilitation, pain and suffering, or physical impairment;

and (6) punitive damages.

Section 10.

Because of the fear, stigma, and trauma that often result from incidents HB4990 - 32 - LRB104 18294 LNS 31734 b of gender-based sexual violence, many survivors hesitate to report or seek help, even when it is available at no cost to them.

"Dating violence" has the meaning given to that term in HB4990 Engrossed - 34 - LRB104 18294 LNS 31734 b the Preventing Sexual Violence in Higher Education Act.

"Sexual violence" has the meaning given to that term in HB4990 - 33 - LRB104 18294 LNS 31734 b the Preventing Sexual Violence in Higher Education Act 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.

(c) All communications between a confidential advisor and a survivor pertaining to an incident of sexual violence shall remain confidential, unless the survivor consents to the HB4990 Engrossed - 35 - LRB104 18294 LNS 31734 b disclosure of the communication in writing, the disclosure falls within one of the exceptions outlined in subsection (d) of this Section, or failure to disclose the communication would violate State or federal law.

HB4990 - 34 - LRB104 18294 LNS 31734 b The confidential advisor shall have no obligation to report crimes to the higher education institution or law enforcement, except to report to the Title IX coordinator, as defined by Title IX of the federal Education Amendments of 1972, on a monthly basis the number and type of incidents of sexual violence, domestic violence, dating violence, stalking, and sexual harassment reported exclusively to the confidential advisor in accordance with the higher education institution's reporting requirements under subsection (b) of Section 9.21 of the Board of Higher Education Act and under federal law.

If, in any judicial proceeding, a party alleges that the communications are necessary to the determination of any issue before the court and written consent to disclosure has not been given, the party may ask the court to consider ordering HB4990 Engrossed - 36 - LRB104 18294 LNS 31734 b the disclosure of the communications.

HB4990 - 35 - LRB104 18294 LNS 31734 b (e) This privilege shall not preclude an individual from asserting a greater privilege under federal or State law that applies.