Struck = removed from the bill ยท
added = the amendment's new text.
HB4990*LRB10418294AAS36292a* EngrossedRep. LRB104 18294 LNS 31734 b AN ACT concerning education.
BeMary itBeth enactedCanty byFiled: the People of the State of Illinois, represented in the General Assembly:
Section4/14/2026 5.10400HB4990ham001 LRB104 18294 AAS 36292 a AMENDMENT TO HOUSE BILL 4990 AMENDMENT NO.
______.
Amend House Bill 4990 by replacing everything after the enacting clause with the following:
"Section 5.
10400HB4990ham001 -2- LRB104 18294 AAS 36292 a "Complainant" means a student who files a complaint alleging violation of the comprehensive policy through the higher education institution's complaint resolution procedure.
HB4990 Engrossed - 2 - LRB104 18294 LNS 31734 b "Complaint advisor" means a person chosen by a complainant or respondent to advise the complainant or respondent regarding the complaint resolution procedure, who may accompany the complainant or respondent to any meeting, interview, or hearing with the individual or individuals who will resolve a complaint related to an alleged violation of the comprehensive policy and who may be appointed by a higher education institution for a party at the request of that party.
10400HB4990ham001 -3- LRB104 18294 AAS 36292 a "Confidential advisor" does not include a complainant's complaint advisor, unless the complainant requests that the confidential advisor serve as the complainant's complaint advisor and the confidential advisor agrees to serve as such.
HB4990 Engrossed - 3 - LRB104 18294 LNS 31734 b "Digital sexual harassment" means technology-facilitated abusive acts, including, but not limited to, repeated, unwelcome electronic communications based on sex or containing sexually-explicit material, and actual or threatened dissemination of a private or digitally altered sexual image without the depicted individual's consent, as defined in Section 5 of the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act.
"Primary prevention programming" means institutional action and strategies intended to prevent sexual violence before it occurs by means of changing social norms and other 10400HB4990ham001 -4- LRB104 18294 AAS 36292 a approaches, including without limitation training, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars, or panel discussions.
HB4990 Engrossed - 4 - LRB104 18294 LNS 31734 b "Retaliation" means any action taken against a person, including, but not limited to, intimidation, threats, coercion, or discrimination, to purposefully or knowingly interfere with any right or privilege secured by this Act or Title IX of the federal Education Amendments of 1972 because that person reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing, including in an informal resolution process.
"Sexual harassment" means unwelcome sex-based conduct, including, but not limited to, unwanted sexual advances, unwanted requests for sexual favors, or any unwanted verbal, nonverbal, or physical conduct that is sex-based or that is 10400HB4990ham001 -5- LRB104 18294 AAS 36292 a related to a person's sex, sexual orientation, or gender identity, toward a student that (i) a reasonable person would view as substantially interfering with the student's educational performance or participation in a program or activity of a higher education institution, including, but not limited to, any mental or physical health impacts, any new or increased challenges with focusing on academics or activities, HB4990 Engrossed - 5 - LRB104 18294 LNS 31734 b any fear or anxiety about attending class or activities, or the need to alter routines or class or activity schedules to avoid another student, or (ii) creates an environment that a reasonable person would consider to be intimidating, hostile, or offensive.
"Survivor-centered" means a systematic focus on the needs 10400HB4990ham001 -6- LRB104 18294 AAS 36292 a and concerns of a survivor of sexual violence, domestic violence, dating violence, or stalking, or sexual harassment that (i) ensures the compassionate and sensitive delivery of services in a nonjudgmental manner;
and (iv) recognizes that a survivor is not HB4990 Engrossed - 6 - LRB104 18294 LNS 31734 b responsible for the sexual violence, domestic violence, dating violence, or stalking, or sexual harassment.
(a) All On or before August 1, 2016, all higher education 10400HB4990ham001 -7- LRB104 18294 AAS 36292 a institutions shall adopt a comprehensive policy concerning sexual violence, domestic violence, dating violence, and stalking, and sexual harassment consistent with governing federal and State law.
(1) A definition of consent that, at a minimum, HB4990 Engrossed - 7 - LRB104 18294 LNS 31734 b 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:
or 10400HB4990ham001 -8- LRB104 18294 AAS 36292 a (D) the person has a lack of capacity is incapacitated due to a mental disability.
(2) Procedures that students of the higher education institution may follow if they choose to report an alleged HB4990 Engrossed - 8 - LRB104 18294 LNS 31734 b violation of the comprehensive policy, regardless of where the incident of sexual violence, domestic violence, dating violence, or stalking, or sexual harassment occurred, including all of the following:
(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 10400HB4990ham001 -9- LRB104 18294 AAS 36292 a (iii) the extent of the individual's or entity's ability to have confidential communications with the student.
(F) An option for students to confidentially HB4990 Engrossed - 9 - LRB104 18294 LNS 31734 b report.
(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 information regarding the importance of preserving 10400HB4990ham001 -10- LRB104 18294 AAS 36292 a physical evidence of the sexual violence and the availability of a medical forensic examination at no charge to the survivor, and (vi) providing information about how the higher education 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 10400HB4990ham001 -11- LRB104 18294 AAS 36292 a limitation changes to academic, living, dining, transportation, and 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 10400HB4990ham001 -12- LRB104 18294 AAS 36292 a 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 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.
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 10400HB4990ham001 -13- LRB104 18294 AAS 36292 a lawsuit.
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.
(a) Upon On or before August 1, 2016, upon being notified 10400HB4990ham001 -14- LRB104 18294 AAS 36292 a 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:
(1) the survivor's right to report or not report the alleged incident to the higher education institution, law HB4990 Engrossed - 14 - 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 and, obtaining and enforcing a campus-issued order of protection or no contact order, if such 10400HB4990ham001 -15- LRB104 18294 AAS 36292 a protective and supportive measures and accommodations are reasonably available, and an order of protection or no contact order in State court;
HB4990 Engrossed - 15 - LRB104 18294 LNS 31734 b and (6) a summary of the higher education institution's complaint resolution procedures, under Section 25 of this Act, if the survivor reports a violation of the comprehensive policy;
The 10400HB4990ham001 -16- LRB104 18294 AAS 36292 a higher education institution may choose the manner in which it responds including, but not limited to, through verbal or electronic communication.
8-21-15.) HB4990 Engrossed - 16 - LRB104 18294 LNS 31734 b (110 ILCS 155/20) Sec.
Unless prohibited by Title IX of the federal Education Amendments of 1972 or other federal law, a complainant has a right to have both a support person, which may be the confidential advisor if the person so chooses, and a complaint advisor at any meeting or proceeding related to an 10400HB4990ham001 -17- LRB104 18294 AAS 36292 a alleged violation of the comprehensive policy or under Title IX of the federal Education Amendments of 1972.
(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.
(2) Notify the survivor of resources and services for survivors of sexual violence, including, but not limited 10400HB4990ham001 -18- LRB104 18294 AAS 36292 a to, student services available on campus and through community-based resources, including without limitation sexual assault crisis centers, medical treatment facilities, counseling services, legal resources, medical forensic services, and mental health services.
A confidential advisor must inform the survivor if requesting or receiving certain resources or services may HB4990 Engrossed - 18 - LRB104 18294 LNS 31734 b affect confidentiality.
(6) Upon the survivor's request, liaise with the 10400HB4990ham001 -19- LRB104 18294 AAS 36292 a 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 reasonable extension of 10400HB4990ham001 -20- LRB104 18294 AAS 36292 a this timeframe is allowed on a case-by-case basis for good cause, with notice to the parties that includes the reason for the delay.
Both parties shall have the right to the consideration of any additional protective 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.
(4) The higher education institution shall have a sufficient number of individuals trained to resolve 10400HB4990ham001 -21- LRB104 18294 AAS 36292 a complaints so that (i) a substitution can occur in the case of a conflict of interest or recusal and (ii) an individual or individuals with no prior involvement in the initial determination or finding hear any appeal brought by a party.
(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.
(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 10400HB4990ham001 -22- LRB104 18294 AAS 36292 a substitution if the participation of an individual with authority to make a finding or impose a sanction poses a conflict of interest.
Such protective and HB4990 Engrossed - 22 - LRB104 18294 LNS 31734 b supportive measures must not be overly burdensome to either party or result in excluding either party from participation in, denying either party the benefits of, or subjecting either party 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.
10400HB4990ham001 -23- LRB104 18294 AAS 36292 a The higher education institution shall bear the cost of reasonable protective and supportive measures.
Such protective and supportive measures shall HB4990 Engrossed - 23 - LRB104 18294 LNS 31734 b be available even if a student does not file a formal complaint, the student's complaint is dismissed, or there is no finding of responsibility in the complaint resolution procedure.
Protective 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 institution, excused absences to attend, participate in, or prepare for a court, campus, administrative, or quasi-judicial proceeding, training and education programs related to sexual violence, domestic violence, dating violence, stalking, or sexual harassment, and changes in a 10400HB4990ham001 -24- LRB104 18294 AAS 36292 a class schedule, a campus employment or work schedule, housing, or an extracurricular or other activity.
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.
(9) The complainant, regardless of this person's level of involvement in the complaint resolution procedure, and the respondent shall have the opportunity to provide or 10400HB4990ham001 -25- LRB104 18294 AAS 36292 a present evidence and witnesses on their behalf during the complaint resolution procedure.
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 the individual resolving the complaint, a Title IX coordinator or a member of the Title IX coordinator's staff, or the legal counsel representing the higher education institution.
All private or intentionally digitally altered sexual image evidence must be kept in the strictest of confidence by the higher education institution and its employees during and after the completion of the complaint resolution 10400HB4990ham001 -26- LRB104 18294 AAS 36292 a procedure, and evidence shall be retained as required under the federal Family Educational Rights and Privacy Act of 1974.
(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.
(11) Both parties may request and must be allowed to have a complaint an advisor of their choice accompany them to any meeting or proceeding related to an alleged violation of the comprehensive policy, provided that the involvement of the complaint advisor does not result in 10400HB4990ham001 -27- LRB104 18294 AAS 36292 a undue delay of the meeting or proceeding.
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.
Nothing in this paragraph (12.5) prohibits a higher education institution 10400HB4990ham001 -28- LRB104 18294 AAS 36292 a from allowing respondents to have their own support person.
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 notice of the appeal decision in writing within 7 days after the conclusion of the review of findings or 10400HB4990ham001 -29- LRB104 18294 AAS 36292 a sanctions or sooner if required by federal or State law.
HB4990 Engrossed - 29 - LRB104 18294 LNS 31734 b (Source:
(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 10400HB4990ham001 -30- LRB104 18294 AAS 36292 a 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.
10400HB4990ham001 -31- LRB104 18294 AAS 36292 a 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:
(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 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 10400HB4990ham001 -32- LRB104 18294 AAS 36292 a 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.
The training shall also 10400HB4990ham001 -33- LRB104 18294 AAS 36292 a seek to improve the trainee's ability to respond with cultural sensitivity;
8-21-15.) HB4990 Engrossed - 33 - LRB104 18294 LNS 31734 b Section 10.
10400HB4990ham001 -34- LRB104 18294 AAS 36292 a "Confidential advisor" means a person who is employed or contracted by a higher education institution to provide emergency and ongoing support to survivors of sexual violence with the training, duties, and responsibilities described in Section 20 of the Preventing Sexual Violence in Higher Education Act.
"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.
10400HB4990ham001 -35- LRB104 18294 AAS 36292 a "Survivor" has the meaning given to that term in the Preventing Sexual Violence in Higher Education Act means a student who has experienced sexual violence while enrolled at a higher education institution.
(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.
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 10400HB4990ham001 -36- LRB104 18294 AAS 36292 a 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.
This Act takes effect July 1, 2027.2027.".