IL
Illinois Senate Bill SB1928

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1928 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1928 Introduced 2/6/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 110 ILCS 155/35 Amends the Preventing Sexual Violence in Higher Education Act. Requires each higher education institution to biennially (rather than annually) conduct a sexual misconduct climate survey of all students at the institution. Adds the Executive Director of the Illinois Community College Board, members appointed by the Board of Higher Education, and members appointed by the Illinois Community College Board to the Task Force on Campus Sexual Misconduct Climate Surveys. Removes some members of the Task Force who were appointed by the Governor. Requires the Task Force to meet to recommend updates and revisions to the base survey (rather than to review the results of the survey and to implement updates and improvements). Removes the civil fine imposed upon an institution that violates the provisions or fails to carry out the provisions. Makes other changes. LRB104 10335 LNS 20409 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1928 Introduced 2/6/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 110 ILCS 155/35 110 ILCS 155/35 Amends the Preventing Sexual Violence in Higher Education Act. Requires each higher education institution to biennially (rather than annually) conduct a sexual misconduct climate survey of all students at the institution. Adds the Executive Director of the Illinois Community College Board, members appointed by the Board of Higher Education, and members appointed by the Illinois Community College Board to the Task Force on Campus Sexual Misconduct Climate Surveys. Removes some members of the Task Force who were appointed by the Governor. Requires the Task Force to meet to recommend updates and revisions to the base survey (rather than to review the results of the survey and to implement updates and improvements). Removes the civil fine imposed upon an institution that violates the provisions or fails to carry out the provisions. Makes other changes. LRB104 10335 LNS 20409 b LRB104 10335 LNS 20409 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1928 Introduced 2/6/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
3+110 ILCS 155/35 110 ILCS 155/35
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5+Amends the Preventing Sexual Violence in Higher Education Act. Requires each higher education institution to biennially (rather than annually) conduct a sexual misconduct climate survey of all students at the institution. Adds the Executive Director of the Illinois Community College Board, members appointed by the Board of Higher Education, and members appointed by the Illinois Community College Board to the Task Force on Campus Sexual Misconduct Climate Surveys. Removes some members of the Task Force who were appointed by the Governor. Requires the Task Force to meet to recommend updates and revisions to the base survey (rather than to review the results of the survey and to implement updates and improvements). Removes the civil fine imposed upon an institution that violates the provisions or fails to carry out the provisions. Makes other changes.
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311 1 AN ACT concerning education.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Preventing Sexual Violence in Higher
715 5 Education Act is amended by changing Section 35 as follows:
816 6 (110 ILCS 155/35)
917 7 Sec. 35. Sexual misconduct climate survey.
1018 8 (a) As used in this Section:
1119 9 "Base survey" means a base set of common questions
1220 10 recommended by the Task Force on Campus Sexual Misconduct
1321 11 Climate Surveys and approved by the Executive Director of the
1422 12 Board of Higher Education and Executive Director of the
1523 13 Illinois Community College Board.
1624 14 "Student" means a person who is enrolled in a public or
1725 15 private degree-granting, post-secondary higher education
1826 16 institution, whether part-time, full-time, or as an extension
1927 17 student, including any person who has taken a leave of absence
2028 18 or who has withdrawn from the higher education institution due
2129 19 to being a victim of sexual misconduct.
2230 20 "Trauma informed" means an understanding of the
2331 21 complexities of sexual violence, domestic violence, dating
2432 22 violence, or stalking through training centered on the
2533 23 neurobiological impact of trauma, the influence of societal
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37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1928 Introduced 2/6/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
38+110 ILCS 155/35 110 ILCS 155/35
39+110 ILCS 155/35
40+Amends the Preventing Sexual Violence in Higher Education Act. Requires each higher education institution to biennially (rather than annually) conduct a sexual misconduct climate survey of all students at the institution. Adds the Executive Director of the Illinois Community College Board, members appointed by the Board of Higher Education, and members appointed by the Illinois Community College Board to the Task Force on Campus Sexual Misconduct Climate Surveys. Removes some members of the Task Force who were appointed by the Governor. Requires the Task Force to meet to recommend updates and revisions to the base survey (rather than to review the results of the survey and to implement updates and improvements). Removes the civil fine imposed upon an institution that violates the provisions or fails to carry out the provisions. Makes other changes.
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3468 1 myths and stereotypes surrounding sexual violence, domestic
3569 2 violence, dating violence, or stalking, and understanding the
3670 3 behavior of perpetrators.
3771 4 (b) Beginning after the effective date of this amendatory
3872 5 Act of the 104th General Assembly, each higher education
3973 6 institution shall biennially conduct a sexual misconduct
4074 7 climate survey of all students at the institution Each higher
4175 8 education institution shall annually conduct a sexual
4276 9 misconduct climate survey of all students at the institution.
4377 10 Each higher education institution's sexual misconduct climate
4478 11 survey shall include the base survey, which the Board of
4579 12 Higher Education or Illinois Community College Board,
4680 13 whichever is applicable, shall provide to the institution
4781 14 every 2 years. Each institution may append its own
4882 15 campus-specific questions to the base survey if questions do
4983 16 not require the disclosure of any personally identifying
5084 17 information by the students and are trauma informed. The Board
5185 18 of Higher Education and Illinois Community College Board, in
5286 19 consultation with the Office of the Attorney General, as
5387 20 necessary, shall review any complaints submitted by students
5488 21 who believe that questions included in the campus sexual
5589 22 misconduct climate survey are traumatizing. Within 120 days
5690 23 after completion of a sexual misconduct climate survey, but no
5791 24 later than one year after the Board of Higher Education or
5892 25 Illinois Community College Board, whichever is applicable,
5993 26 issued the last base survey, each institution shall compile a
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70104 1 summary of the results of the sexual misconduct climate
71105 2 survey, including, but not limited to, the complete aggregated
72106 3 results for each base survey question, and shall submit the
73107 4 summary to the Board of Higher Education or Illinois Community
74108 5 College Board, as well as publish the summary on the
75109 6 institution's website in an easily accessible manner.
76110 7 (c) The Task Force on Campus Sexual Misconduct Climate
77111 8 Surveys is created. The Task Force shall consist of the
78112 9 following members:
79113 10 (1) the Executive Director of the Board of Higher
80114 11 Education or a designee, who shall serve as chairperson;
81115 12 (2) the Governor or a designee;
82116 13 (3) one member of the Senate, appointed by the
83117 14 President of the Senate;
84118 15 (4) one member of the House of Representatives,
85119 16 appointed by the Speaker of the House of Representatives;
86120 17 (5) one member of the Senate, appointed by the
87121 18 Minority Leader of the Senate;
88122 19 (6) one member of the House of Representatives,
89123 20 appointed by the Minority Leader of the House of
90124 21 Representatives;
91125 22 (7) the Attorney General or a designee;
92126 23 (8) the Director of Public Health or a designee; and
93127 24 (9) the Executive Director of the Illinois Community
94128 25 College Board or a designee;
95129 26 (10) the following members appointed by the Board of
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106140 1 Higher Education:
107141 2 (A) one member who is a student attending a public
108142 3 higher education institution in Illinois;
109143 4 (B) one member who is a student attending a
110144 5 private higher education institution in Illinois;
111145 6 (C) one member who is a representative of the
112146 7 University of Illinois recommended by the president of
113147 8 the university;
114148 9 (D) one member who is a representative of private
115149 10 colleges and universities recommended by the
116150 11 Federation of Independent Illinois Colleges and
117151 12 Universities;
118152 13 (E) one member who is a chief student service
119-14 officer at a public or private university; and
120-15 (F) one member with expertise in institutional
121-16 research within a 4-year institution of higher
122-17 education;
123-18 (11) the following members appointed by the Illinois
124-19 Community College Board:
125-20 (A) one member who is a student attending a
126-21 community college in Illinois;
127-22 (B) one member who is a representative of the
128-23 community college system recommended by the Illinois
129-24 Council of Community College Presidents;
130-25 (C) one member who is a chief student service
131-26 office at a community college;
153+14 officer at a public or private university;
154+15 (11) the following members appointed by the Illinois
155+16 Community College Board:
156+17 (A) one member who is a student attending a
157+18 community college in Illinois;
158+19 (B) one member who is a representative of the
159+20 community college system recommended by the Illinois
160+21 Council of Community College Presidents;
161+22 (C) one member who is a chief student service
162+23 office at a community college;
163+24 (D) one member with expertise in institutional
164+25 research within an institution of higher education;
165+26 and
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142-1 (D) one member with expertise in institutional
143-2 research within a 2-year institution of higher
144-3 education; and
145-4 (12) (9) the following members appointed by the
146-5 Governor:
147-6 (A) (Blank); one member who is a student attending
148-7 a public higher education institution in Illinois;
149-8 (B) (Blank); one member who is a student attending
150-9 a private higher education institution in Illinois;
151-10 (C) (Blank); one member who is a student attending
152-11 a community college in Illinois;
153-12 (D) (Blank); one member who is a representative of
154-13 the University of Illinois recommended by the
155-14 president of the university;
156-15 (E) (Blank); one member who is a representative of
157-16 the Illinois Community College Board;
158-17 (F) (Blank); one member who is a representative of
159-18 private colleges and universities recommended by the
160-19 Federation of Independent Illinois Colleges and
161-20 Universities;
162-21 (G) 3 members who are representatives of survivors
163-22 of sexual assault recommended by the Illinois
164-23 Coalition Against Sexual Assault, with one
165-24 specifically representing survivors in rural
166-25 communities and one specifically representing
167-26 survivors in urban communities;
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176+1 (12) (9) the following members appointed by the
177+2 Governor:
178+3 (A) (Blank); one member who is a student attending
179+4 a public higher education institution in Illinois;
180+5 (B) (Blank); one member who is a student attending
181+6 a private higher education institution in Illinois;
182+7 (C) (Blank); one member who is a student attending
183+8 a community college in Illinois;
184+9 (D) (Blank); one member who is a representative of
185+10 the University of Illinois recommended by the
186+11 president of the university;
187+12 (E) (Blank); one member who is a representative of
188+13 the Illinois Community College Board;
189+14 (F) (Blank); one member who is a representative of
190+15 private colleges and universities recommended by the
191+16 Federation of Independent Illinois Colleges and
192+17 Universities;
193+18 (G) 3 members who are representatives of survivors
194+19 of sexual assault recommended by the Illinois
195+20 Coalition Against Sexual Assault, with one
196+21 specifically representing survivors in rural
197+22 communities and one specifically representing
198+23 survivors in urban communities;
199+24 (H) one member who is a representative of a
200+25 non-profit legal services organization that provides
201+26 legal representation to victims of campus sexual
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178-1 (H) one member who is a representative of a
179-2 non-profit legal services organization that provides
180-3 legal representation to victims of campus sexual
181-4 assault in Illinois;
182-5 (I) one member who is a representative recommended
183-6 by the Illinois Coalition Against Domestic Violence;
184-7 (J) one member who is a representative recommended
185-8 by Equality Illinois;
186-9 (K) one member who is a representative of an
187-10 immigrant rights advocacy organization;
188-11 (L) one member who is a representative recommended
189-12 by the Every Voice Coalition or any successor
190-13 organization of the Every Voice Coalition;
191-14 (M) one member who is a researcher with experience
192-15 in the development and design of sexual misconduct
193-16 climate surveys; and
194-17 (N) one member who is a researcher of statistics,
195-18 data analytics, or econometrics with experience in
196-19 higher education survey analysis.
197-20 The Task Force shall hold its first meeting as soon as
198-21 practicable after the effective date of this amendatory Act of
199-22 the 102nd General Assembly. Administrative and other support
200-23 for the Task Force shall be provided by the Board of Higher
201-24 Education. Members of the Task Force shall serve 2-year terms
202-25 that commence on the date of appointment. Members shall
203-26 continue to serve until their successors are appointed. Any
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212+1 assault in Illinois;
213+2 (I) one member who is a representative recommended
214+3 by the Illinois Coalition Against Domestic Violence;
215+4 (J) one member who is a representative recommended
216+5 by Equality Illinois;
217+6 (K) one member who is a representative of an
218+7 immigrant rights advocacy organization;
219+8 (L) one member who is a representative recommended
220+9 by the Every Voice Coalition or any successor
221+10 organization of the Every Voice Coalition;
222+11 (M) one member who is a researcher with experience
223+12 in the development and design of sexual misconduct
224+13 climate surveys; and
225+14 (N) one member who is a researcher of statistics,
226+15 data analytics, or econometrics with experience in
227+16 higher education survey analysis.
228+17 The Task Force shall hold its first meeting as soon as
229+18 practicable after the effective date of this amendatory Act of
230+19 the 102nd General Assembly. Administrative and other support
231+20 for the Task Force shall be provided by the Board of Higher
232+21 Education. Members of the Task Force shall serve 2-year terms
233+22 that commence on the date of appointment. Members shall
234+23 continue to serve until their successors are appointed. Any
235+24 vacancy shall be filled by the appointing authority. Any
236+25 vacancy occurring other than by expiration of the term shall
237+26 be filled for the balance of the unexpired term. A majority of
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214-1 vacancy shall be filled by the appointing authority. Any
215-2 vacancy occurring other than by expiration of the term shall
216-3 be filled for the balance of the unexpired term. A majority of
217-4 the Task Force shall constitute a quorum for the transaction
218-5 of any business.
219-6 Members of the Task Force shall serve without compensation
220-7 but shall be reimbursed for expenses necessarily incurred in
221-8 the performance of their duties if funds are available.
222-9 However, the higher education institution in which a student
223-10 member is enrolled may compensate that student for
224-11 participating on the Task Force through a work-study program
225-12 or by providing a stipend to support the work of the student
226-13 member on the Task Force.
227-14 (d) The Task Force shall develop and recommend to the
228-15 Board of Higher Education and Illinois Community College Board
229-16 the base survey for distribution to higher education
230-17 institutions and provide the Board of Higher Education and
231-18 Illinois Community College Board with any related
232-19 recommendations regarding the content, timing, and application
233-20 of the base survey. The Task Force shall deliver the base
234-21 survey and related recommendations, including, but not limited
235-22 to, recommendations on achieving statistically valid response
236-23 rates, to the Board of Higher Education and Illinois Community
237-24 College Board no less often than every 2 years and for the
238-25 first time on or before July 31, 2023. Beginning after the
239-26 effective date of this amendatory Act of the 104th General
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248+1 the Task Force shall constitute a quorum for the transaction
249+2 of any business.
250+3 Members of the Task Force shall serve without compensation
251+4 but shall be reimbursed for expenses necessarily incurred in
252+5 the performance of their duties if funds are available.
253+6 However, the higher education institution in which a student
254+7 member is enrolled may compensate that student for
255+8 participating on the Task Force through a work-study program
256+9 or by providing a stipend to support the work of the student
257+10 member on the Task Force.
258+11 (d) The Task Force shall develop and recommend to the
259+12 Board of Higher Education and Illinois Community College Board
260+13 the base survey for distribution to higher education
261+14 institutions and provide the Board of Higher Education and
262+15 Illinois Community College Board with any related
263+16 recommendations regarding the content, timing, and application
264+17 of the base survey. The Task Force shall deliver the base
265+18 survey and related recommendations, including, but not limited
266+19 to, recommendations on achieving statistically valid response
267+20 rates, to the Board of Higher Education and Illinois Community
268+21 College Board no less often than every 2 years and for the
269+22 first time on or before July 31, 2023. Beginning after the
270+23 effective date of this amendatory Act of the 104th General
271+24 Assembly, Thereafter, the Task Force shall meet to recommend
272+25 updates and revisions to the base survey in the year 2025 and
273+26 in the year 2027 to review the results of the survey and to
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250-1 Assembly, Thereafter, the Task Force shall meet to recommend
251-2 updates and revisions to the base survey in the year 2025 and
252-3 in the year 2027 to review the results of the survey and to
253-4 implement updates and improvements. The Task Force is
254-5 dissolved after the completion of the 2027 base survey. After
255-6 the dissolution of the Task Force, the Executive Director of
256-7 the Board of Higher Education or a designee and the Executive
257-8 Director of the Illinois Community College Board or a designee
258-9 shall review the base survey every 2 years to consider any
259-10 feedback that has been received and to implement improvements.
260-11 (e) In developing the base survey, the Task Force shall:
261-12 (1) utilize best practices from peer-reviewed research
262-13 and consult with individuals with expertise in the
263-14 development and use of sexual misconduct climate surveys
264-15 by higher education institutions, specifically the survey
265-16 design should consider survey length and time to complete,
266-17 respondent experience, minimization of question
267-18 redundancy, and question skip logic and branching
268-19 dependent on the respondent answers;
269-20 (2) review sexual misconduct climate surveys that have
270-21 been developed and previously utilized by higher education
271-22 institutions in Illinois and by other states that mandate
272-23 campus climate surveys;
273-24 (3) provide opportunities for written comment from
274-25 survivors and organizations that work directly with
275-26 survivors of sexual misconduct to ensure the adequacy and
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284+1 implement updates and improvements. The Task Force is
285+2 dissolved after the completion of the 2027 base survey. After
286+3 the dissolution of the Task Force, the Executive Director of
287+4 the Board of Higher Education or a designee and the Executive
288+5 Director of the Illinois Community College Board or a designee
289+6 shall review the base survey every 2 years to consider any
290+7 feedback that has been received and to implement improvements.
291+8 (e) In developing the base survey, the Task Force shall:
292+9 (1) utilize best practices from peer-reviewed research
293+10 and consult with individuals with expertise in the
294+11 development and use of sexual misconduct climate surveys
295+12 by higher education institutions, specifically the survey
296+13 design should consider survey length and time to complete,
297+14 respondent experience, minimization of question
298+15 redundancy, and question skip logic and branching
299+16 dependent on the respondent answers;
300+17 (2) review sexual misconduct climate surveys that have
301+18 been developed and previously utilized by higher education
302+19 institutions in Illinois and by other states that mandate
303+20 campus climate surveys;
304+21 (3) provide opportunities for written comment from
305+22 survivors and organizations that work directly with
306+23 survivors of sexual misconduct to ensure the adequacy and
307+24 appropriateness of the proposed content;
308+25 (4) consult with institutions on strategies for
309+26 optimizing the effectiveness of the survey;
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286-1 appropriateness of the proposed content;
287-2 (4) consult with institutions on strategies for
288-3 optimizing the effectiveness of the survey;
289-4 (5) account for the diverse needs and differences of
290-5 higher education institutions; and
291-6 (6) review the base survey to ensure that the strategy
292-7 for gathering information is trauma informed.
293-8 (f) The base survey shall gather information on topics,
294-9 including, but not limited to:
295-10 (1) the number and type of incidents, both reported to
296-11 the higher education institution and unreported to the
297-12 higher education institution, of sexual misconduct at the
298-13 higher education institution;
299-14 (2) when and where incidents of sexual misconduct
300-15 occurred, such as on campus, off campus, abroad, or
301-16 online;
302-17 (3) student awareness of institutional policies and
303-18 procedures related to campus sexual misconduct;
304-19 (4) whether a student reported the sexual misconduct
305-20 to the higher education institution and, if so, to which
306-21 campus resource such report was made and, if not, the
307-22 reason for the student's decision not to report;
308-23 (5) whether a student reported the sexual misconduct
309-24 to law enforcement and, if so, to which law enforcement
310-25 agency such report was made;
311-26 (6) whether a student was informed of or referred to
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320+1 (5) account for the diverse needs and differences of
321+2 higher education institutions; and
322+3 (6) review the base survey to ensure that the strategy
323+4 for gathering information is trauma informed.
324+5 (f) The base survey shall gather information on topics,
325+6 including, but not limited to:
326+7 (1) the number and type of incidents, both reported to
327+8 the higher education institution and unreported to the
328+9 higher education institution, of sexual misconduct at the
329+10 higher education institution;
330+11 (2) when and where incidents of sexual misconduct
331+12 occurred, such as on campus, off campus, abroad, or
332+13 online;
333+14 (3) student awareness of institutional policies and
334+15 procedures related to campus sexual misconduct;
335+16 (4) whether a student reported the sexual misconduct
336+17 to the higher education institution and, if so, to which
337+18 campus resource such report was made and, if not, the
338+19 reason for the student's decision not to report;
339+20 (5) whether a student reported the sexual misconduct
340+21 to law enforcement and, if so, to which law enforcement
341+22 agency such report was made;
342+23 (6) whether a student was informed of or referred to
343+24 local, State, campus, or other resources or victim support
344+25 services, including appropriate medical care, advocacy,
345+26 counseling, and legal services;
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322-1 local, State, campus, or other resources or victim support
323-2 services, including appropriate medical care, advocacy,
324-3 counseling, and legal services;
325-4 (7) whether a student was provided information
326-5 regarding his or her right to protection from retaliation,
327-6 access to school-based accommodations, and criminal
328-7 justice remedies;
329-8 (8) contextual factors, such as the involvement of
330-9 force, incapacitation, coercion, or drug or alcohol
331-10 facilitation;
332-11 (9) demographic information that could be used to
333-12 identify at-risk groups, including, but not limited to,
334-13 gender, race, immigration status, national origin,
335-14 ethnicity, disability status, sexual orientation, and
336-15 gender identity;
337-16 (10) perceptions of campus safety among members of the
338-17 campus community and confidence in the institution's
339-18 ability to protect against and respond to incidents of
340-19 sexual misconduct;
341-20 (11) whether the student has chosen to withdraw or has
342-21 taken a leave of absence from the institution or
343-22 transferred to another institution;
344-23 (12) whether the student has withdrawn from any
345-24 classes or has been placed on academic probation as a
346-25 result of the incident; and
347-26 (13) other questions as determined by the Task Force.
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356+1 (7) whether a student was provided information
357+2 regarding his or her right to protection from retaliation,
358+3 access to school-based accommodations, and criminal
359+4 justice remedies;
360+5 (8) contextual factors, such as the involvement of
361+6 force, incapacitation, coercion, or drug or alcohol
362+7 facilitation;
363+8 (9) demographic information that could be used to
364+9 identify at-risk groups, including, but not limited to,
365+10 gender, race, immigration status, national origin,
366+11 ethnicity, disability status, sexual orientation, and
367+12 gender identity;
368+13 (10) perceptions of campus safety among members of the
369+14 campus community and confidence in the institution's
370+15 ability to protect against and respond to incidents of
371+16 sexual misconduct;
372+17 (11) whether the student has chosen to withdraw or has
373+18 taken a leave of absence from the institution or
374+19 transferred to another institution;
375+20 (12) whether the student has withdrawn from any
376+21 classes or has been placed on academic probation as a
377+22 result of the incident; and
378+23 (13) other questions as determined by the Task Force.
379+24 All questions on the base survey shall be optional or shall
380+25 offer the student the option to select "I prefer not to answer"
381+26 as a response on the survey.
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358-1 All questions on the base survey shall be optional or shall
359-2 offer the student the option to select "I prefer not to answer"
360-3 as a response on the survey.
361-4 (g) The sexual misconduct climate survey shall collect
362-5 anonymous responses and shall not provide for the public
363-6 disclosure of any personally identifying information. No
364-7 institution may use or attempt to use information collected
365-8 through the sexual misconduct climate survey to identify or
366-9 contact any individual student on campus, nor shall the
367-10 results of the survey be used as the basis for any type of
368-11 investigation or disciplinary or legal proceeding.
369-12 (h) There shall be established within the Office of the
370-13 Board of Higher Education and the Office of the Illinois
371-14 Community College Board a data repository for all summaries of
372-15 sexual misconduct climate surveys submitted by higher
373-16 education institutions to the Board of Higher Education or
374-17 Illinois Community College Board in accordance with subsection
375-18 (b). The Board of Higher Education and Illinois Community
376-19 College Board shall ensure that the sexual misconduct climate
377-20 survey data submitted by all applicable institutions is
378-21 available to the public in an easily accessible manner on the
379-22 Board of Higher Education's or Illinois Community College
380-23 Board's website.
381-24 (i) Each higher education institution shall publish on the
382-25 institution's website in an easily accessible manner:
383-26 (1) the campus level results of the survey;
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392+1 (g) The sexual misconduct climate survey shall collect
393+2 anonymous responses and shall not provide for the public
394+3 disclosure of any personally identifying information. No
395+4 institution may use or attempt to use information collected
396+5 through the sexual misconduct climate survey to identify or
397+6 contact any individual student on campus, nor shall the
398+7 results of the survey be used as the basis for any type of
399+8 investigation or disciplinary or legal proceeding.
400+9 (h) There shall be established within the Office of the
401+10 Board of Higher Education and the Office of the Illinois
402+11 Community College Board a data repository for all summaries of
403+12 sexual misconduct climate surveys submitted by higher
404+13 education institutions to the Board of Higher Education or
405+14 Illinois Community College Board in accordance with subsection
406+15 (b). The Board of Higher Education and Illinois Community
407+16 College Board shall ensure that the sexual misconduct climate
408+17 survey data submitted by all applicable institutions is
409+18 available to the public in an easily accessible manner on the
410+19 Board of Higher Education's or Illinois Community College
411+20 Board's website.
412+21 (i) Each higher education institution shall publish on the
413+22 institution's website in an easily accessible manner:
414+23 (1) the campus level results of the survey;
415+24 (2) the annual security report required under the
416+25 federal Jeanne Clery Disclosure of Campus Security Policy
417+26 and Campus Crime Statistics Act;
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394-1 (2) the annual security report required under the
395-2 federal Jeanne Clery Disclosure of Campus Security Policy
396-3 and Campus Crime Statistics Act;
397-4 (3) the reports required under Section 9.21 of the
398-5 Board of Higher Education Act; and
399-6 (4) a link to the Board of Higher Education's and
400-7 Illinois Community College Board's statewide data on
401-8 sexual misconduct climate survey data as set forth in
402-9 subsection (h).
403-10 (j) The Board of Higher Education and Illinois Community
404-11 College Board shall establish rules and procedures, including
405-12 deadlines for dissemination and collection of survey
406-13 information, consistent with the purposes of this Section and
407-14 shall promote effective solicitation to achieve the highest
408-15 practical response rate, collection, and publication of
409-16 statistical information gathered from higher education
410-17 institutions.
411-18 (k) (Blank). Upon determination, after reasonable notice
412-19 and opportunity for a hearing, that a higher education
413-20 institution has violated or failed to carry out any provision
414-21 of this Section or any rule adopted under this Section, the
415-22 Board of Higher Education or Illinois Community College Board,
416-23 whichever is applicable, may impose a civil penalty upon such
417-24 institution not to exceed $50,000, which shall be adjusted for
418-25 inflation annually, for each violation. The Board of Higher
419-26 Education and Illinois Community College Board shall use any
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428+1 (3) the reports required under Section 9.21 of the
429+2 Board of Higher Education Act; and
430+3 (4) a link to the Board of Higher Education's and
431+4 Illinois Community College Board's statewide data on
432+5 sexual misconduct climate survey data as set forth in
433+6 subsection (h).
434+7 (j) The Board of Higher Education and Illinois Community
435+8 College Board shall establish rules and procedures, including
436+9 deadlines for dissemination and collection of survey
437+10 information, consistent with the purposes of this Section and
438+11 shall promote effective solicitation to achieve the highest
439+12 practical response rate, collection, and publication of
440+13 statistical information gathered from higher education
441+14 institutions.
442+15 (k) (Blank). Upon determination, after reasonable notice
443+16 and opportunity for a hearing, that a higher education
444+17 institution has violated or failed to carry out any provision
445+18 of this Section or any rule adopted under this Section, the
446+19 Board of Higher Education or Illinois Community College Board,
447+20 whichever is applicable, may impose a civil penalty upon such
448+21 institution not to exceed $50,000, which shall be adjusted for
449+22 inflation annually, for each violation. The Board of Higher
450+23 Education and Illinois Community College Board shall use any
451+24 such civil penalty funds to provide oversight of this Section
452+25 and to provide funding to community organizations that provide
453+26 services to sexual assault victims. The Attorney General may
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430-1 such civil penalty funds to provide oversight of this Section
431-2 and to provide funding to community organizations that provide
432-3 services to sexual assault victims. The Attorney General may
433-4 bring an action in the circuit court to enforce the collection
434-5 of any monetary penalty imposed under this subsection (k).
435-6 (Source: P.A. 102-325, eff. 8-6-21; 103-288, eff. 7-28-23.)
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