Bill Amendment: IL HB5452 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EDUC/CITIZEN PART ACT-GENDER

Status: 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB5452 Detail]

Download: Illinois-2023-HB5452-House_Amendment_001.html

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Rep. Mary Beth Canty

Filed: 4/5/2024

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AMENDMENT TO HOUSE BILL 5452
AMENDMENT NO. ______. Amend House Bill 5452 by replacing
everything after the enacting clause with the following:
"Section 5. The Preventing Sexual Violence in Higher
Education Act is amended by changing Sections 10, 15, 20, 25,
and 30 as follows:
(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:
(1) A definition of consent that, at a minimum,
recognizes that (i) consent is a freely given agreement to

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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:
(A) the person is incapacitated due to the use or
influence of alcohol or drugs;
(B) the person is asleep or unconscious;
(C) the person is under age; or
(D) the person is incapacitated due to a mental
disability.
Nothing in this Section prevents a higher education
institution from defining consent in a more demanding
manner.
(2) Procedures that students of the higher education
institution may follow if they choose to report an alleged
violation of the comprehensive policy, regardless of where
the incident of sexual violence, domestic violence, dating

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violence, or stalking occurred, including all of the
following:
(A) Name and contact information for the Title IX
coordinator, campus law enforcement or security, local
law enforcement, and the community-based sexual
assault crisis center.
(B) The name, title, and contact information for
confidential advisors and other confidential resources
and a description of what confidential reporting
means.
(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
(iii) the extent of the individual's or entity's
ability to have confidential communications with the
student.
(D) An option for students to electronically
report.
(E) An option for students to anonymously report.
(F) An option for students to confidentially
report.
(G) An option for reports by third parties and

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bystanders.
(H) Information about how the higher education
institution protects individuals who report from
retaliation.
(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,
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
physical evidence of the sexual violence and the
availability of a medical forensic examination at no
charge to the survivor, and (vi) protecting the survivor
from retaliation, including a policy and process for early
resolution of any retaliatory claim by a respondent or
other individual against a survivor, including, but not
limited to, claims of defamation, harassment, bullying,
and any other claimed violation of the policy where the
actions alleged by the respondent or other individual are
related to the survivor's report.
(4) A statement of the higher education institution's
obligation to provide survivors with concise information,
written in plain language, concerning the survivor's

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rights and options, upon receiving a report of an alleged
violation of the comprehensive policy, as described in
Section 15 of this Act.
(5) The name, address, and telephone number of the
medical facility nearest to each campus of the higher
education institution where a survivor may have a medical
forensic examination completed at no cost to the survivor,
pursuant to the Sexual Assault Survivors Emergency
Treatment Act.
(6) The name, telephone number, address, and website
URL, if available, of community-based, State, and national
sexual assault crisis centers.
(7) A statement notifying survivors of the interim
protective 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
working situations, obtaining and enforcing campus no
contact orders, and honoring an order of protection or no
contact order entered by a State civil or criminal court.
(8) The higher education institution's complaint
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.

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(9) A statement of the range of sanctions the higher
education institution may impose following the
implementation of its complaint resolution procedures in
response to an alleged violation of the comprehensive
policy. Sanctions may include, but are not limited to,
suspension, expulsion, or removal of the student found,
after complaint resolution procedures, to be in violation
of the comprehensive policy of the higher education
institution.
(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
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 risk.
(11) A statement of the higher education institution's
prohibition on retaliation against those who, in good
faith, report or disclose an alleged violation of the
comprehensive policy, file a complaint, or otherwise

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participate in the complaint resolution procedure and
available sanctions for individuals who engage in
retaliatory conduct.
(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:
(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
survivor's right to privacy and which reporting methods
are confidential;
(2) the contact information for the higher education
institution's Title IX coordinator or coordinators,
confidential advisors, a community-based sexual assault
crisis center, campus law enforcement, and local law
enforcement;
(3) the survivor's right to request and receive
assistance from campus authorities in notifying law

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enforcement;
(4) the survivor's ability to request interim
protective measures and accommodations for survivors,
including without limitation changes to academic, living,
dining, working, and transportation situations, obtaining
and enforcing a campus-issued order of protection or no
contact order, if such protective measures and
accommodations are reasonably available, and an order of
protection or no contact order in State court;
(5) the higher education institution's ability to
provide assistance, upon the survivor's request, in
accessing and navigating campus and local health and
mental health services, counseling, and advocacy services;
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.
(7) a summary of the higher education institution's
process for protecting survivors from retaliation,
including the policy and process under Section 25 of this
Act for early resolution of retaliatory claims by the
respondent or any other individual against the survivor.
(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

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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

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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:
(1) Inform the survivor of the survivor's choice of
possible next steps regarding the survivor's reporting
options and possible outcomes, including without
limitation reporting pursuant to the higher education
institution's comprehensive policy and notifying local law
enforcement.
(2) Notify the survivor of resources and services for
survivors of sexual violence, including, but not limited
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.
(3) Inform the survivor of the survivor's rights and
the higher education institution's responsibilities
regarding orders of protection, no contact orders, or
similar lawful orders issued by the higher education
institution or a criminal or civil court.
(4) Provide confidential services to and have
privileged, confidential communications with survivors of

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sexual violence in accordance with Section 8-804 of the
Code of Civil Procedure.
(5) Upon the survivor's request and as appropriate,
liaise with campus officials, community-based sexual
assault crisis centers, or local law enforcement and, if
requested, assist the survivor with contacting and
reporting to campus officials, campus law enforcement, or
local law enforcement.
(6) Upon the survivor's request, liaise with the
necessary campus authorities to secure interim protective
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 an agent
of the higher education institution, including assistance
with the policy and process for early resolution of
retaliatory claims by the respondent or any other
individual against the survivor.
(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

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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:
(1) Complainants alleging student violation of the
comprehensive policy shall have the opportunity to request
that the complaint resolution procedure begin promptly and
proceed in a timely manner.
(2) The higher education institution shall determine
the individuals who will resolve complaints of alleged
student violations of the comprehensive policy.
(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
training on issues related to sexual violence, domestic
violence, dating violence, and stalking 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) The higher education institution shall have a
sufficient number of individuals trained to resolve
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

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initial determination or finding hear any appeal brought
by a party.
(5) The individual or individuals resolving a
complaint shall use a preponderance of the evidence
standard to determine whether the alleged violation of the
comprehensive policy occurred.
(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
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 measures and
accommodations available pending the resolution of the
complaint.
(8) Any proceeding, meeting, or hearing held to
resolve complaints of alleged student violations of the
comprehensive policy shall protect the privacy of the
participating parties and witnesses.
(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
present evidence and witnesses on their behalf during the

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complaint resolution procedure.
(10) The complainant and the respondent may not
directly cross examine one another, but may, at the
discretion and direction of the individual or individuals
resolving the complaint, suggest questions to be posed 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 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 advisor does not result in undue delay of the meeting
or proceeding. The advisor must comply with any rules in
the higher education institution's complaint resolution
procedure regarding the advisor's role. If the 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 prohibited from further participation.
(12) The complainant and the respondent may not be
compelled to testify, if the complaint resolution
procedure involves a hearing, in the presence of the other
party. If a party invokes this right, the higher education
institution shall provide a procedure by which each party
can, at a minimum, hear the other party's testimony.
(13) The complainant and the respondent are entitled

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to simultaneous, written notification of the results of
the complaint resolution procedure, including information
regarding appeal rights, within 7 days of a decision or
sooner if required by State or federal law.
(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 individual or
individuals reviewing the findings or imposed sanctions
shall not have participated previously in the complaint
resolution procedure and shall not have a conflict of
interest with either party. The complainant and the
respondent shall receive the appeal decision in writing
within 7 days after the conclusion of the review of
findings or sanctions or sooner if required by federal or
State law.
(15) The higher education institution shall not
disclose the identity of the survivor or the respondent,
except as necessary to resolve the complaint or to
implement interim protective measures and accommodations
or when provided by State or federal law.
(16) The higher education institution shall enact and
implement a policy and process for early resolution of any

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retaliatory claim by a respondent or any other individual
against a survivor, including, but not limited to, claims
of defamation, harassment, bullying, and any other policy
violation where the actions alleged are related to the
survivor's report of sexual violence, domestic violence,
dating violence, stalking, or any sex-based harassment.
Any report, claim, counter-claim, or complaint by the
respondent that the survivor has violated the higher
education institution's policies shall be reviewed by an
agent of the institution with decision-making authority to
determine if it is retaliatory. If the agent determines by
a preponderance of the evidence that such claim is (i)
retaliatory and (ii) either (A) based on, because of, or
in response to the survivor's report, (B) related to the
survivor speaking, writing, or sharing information about
the respondent's actions that led to the report, or (C)
based on the survivor naming the respondent as the person
who caused the survivor harm, then the report, claim,
counter-claim, or complaint against the survivor shall be
dismissed. The review must be completed within 45 days of
the report, claim, counter-claim, or complaint being
submitted to the institution, and written notice of the
determination must be provided to the survivor and the
respondent no later than 10 days after completion of the
review.
(Source: P.A. 99-426, eff. 8-21-15.)

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(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:
(1) The higher education institution's comprehensive
policy, as well as options and resources available to
survivors.
(2) The higher education institution's student
notification of rights and options described in Section 15
of this Act.
(3) The name and contact information for all of the
higher education institution's Title IX coordinators.
(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
confidentiality each is allowed to provide to reporting

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students under relevant federal and State law.
(5) The name, title, and contact information for all
confidential advisors, counseling services, and
confidential resources that can provide a confidential
response to a report and a description of what
confidential reporting means.
(6) The telephone number and website URL for
community-based, State, and national hotlines providing
information to sexual violence survivors.
(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:
(1) the institution's definitions of consent,
inability to consent, and retaliation as they relate to
sexual violence;

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(2) reporting to the higher education institution,
campus law enforcement, and local law enforcement;
(3) reporting to the confidential advisor or other
confidential resources;
(4) available survivor services; and
(5) strategies for bystander intervention and risk
reduction.
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

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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, including the
anti-retaliation policy and procedure provisions; (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.)
Section 10. The Citizen Participation Act is amended by

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changing Sections 5, 10, and 15 as follows:
(735 ILCS 110/5)
Sec. 5. Public policy. Pursuant to the fundamental
philosophy of the American constitutional form of government,
it is declared to be the public policy of the State of Illinois
that the constitutional rights of citizens and organizations
to be involved and participate freely in the process of
government must be encouraged and safeguarded with great
diligence. The information, reports, opinions, claims,
arguments, and other expressions provided by citizens are
vital to effective law enforcement, the operation of
government, the making of public policy and decisions, and the
continuation of representative democracy. The laws, courts,
and other agencies of this State must provide the utmost
protection for the free exercise of these rights of petition,
speech, association, and government participation.
Civil actions for money damages have been filed against
citizens and organizations of this State as a result of their
valid exercise of their constitutional rights to petition,
speak freely, associate freely, and otherwise participate in
and communicate with government. There has been a disturbing
increase in lawsuits termed "Strategic Lawsuits Against Public
Participation" in government or "SLAPPs" as they are popularly
called.
The threat of SLAPPs significantly chills and diminishes

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citizen participation in government, voluntary public service,
and the exercise of these important constitutional rights.
This abuse of the judicial process can and has been used as a
means of intimidating, harassing, or punishing citizens and
organizations for involving themselves in public affairs.
It is in the public interest and it is the purpose of this
Act to strike a balance between the rights of persons to file
lawsuits for injury and the constitutional rights of persons
to petition, speak freely, associate freely, and otherwise
participate in government; to protect and encourage public
participation in government to the maximum extent permitted by
law; to establish an efficient process for identification and
adjudication of SLAPPs; and to provide for attorney's fees and
costs to prevailing movants.
Free speech at its best identifies wrongs, seeks
accountability, and encourages change. Gender-based violence
is a pervasive societal problem, and only a small percentage
of incidents are reported. Survivors of gender-based violence
are often silenced by fear of retaliation, including the
threat of SLAPPs. The fear of SLAPPs deters survivors from
speaking out and allows a perpetrator to avoid the
consequences of the perpetrator's actions. The use of the
legal system to silence survivors has negative impacts on the
survivors and the public. Survivors of gender-based violence
face significant barriers in coming forward and there is a
public interest in protecting the right to free speech for

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survivors. Survivors having the right to speak their truth
serves the public good. The General Assembly recognizes that
reporting gender-based violence is protected by the First
Amendment and the Citizen Participation Act.
(Source: P.A. 95-506, eff. 8-28-07.)
(735 ILCS 110/10)
Sec. 10. Definitions. In this Act:
"Government" includes a branch, department, agency,
instrumentality, official, employee, agent, or other person
acting under color of law of the United States, a state, a
subdivision of a state, or another public authority including
the electorate.
"Gender-based violence" means one or more acts of
violence, aggression, or abuse satisfying the elements of any
criminal or civil offense under the laws of this State that are
committed, at least in part, on the basis of a person's actual
or perceived sex or gender, regardless of whether the acts
resulted in criminal charges, prosecution, or conviction, and
it includes, but is not limited to, any act of domestic
violence as defined in the Illinois Domestic Violence Act of
1986, dating violence, human trafficking, sexual assault,
sexual abuse, sexual harassment, or stalking.
"Person" includes any individual, corporation,
association, organization, partnership, 2 or more persons
having a joint or common interest, or other legal entity.

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"Judicial claim" or "claim" include any lawsuit, cause of
action, claim, cross-claim, counterclaim, or other judicial
pleading or filing alleging injury.
"Motion" includes any motion to dismiss, for summary
judgment, or to strike, or any other judicial pleading filed
to dispose of a judicial claim.
"Moving party" means any person on whose behalf a motion
described in subsection (a) of Section 20 is filed seeking
dismissal of a judicial claim.
"Reporting gender-based violence" includes making a
disclosure of gender-based violence to authorities, an
employer, an education institution, a public entity, or a
nonprofit agency; to the press or media or at a public forum;
in print, electronically, or via social media; or to another
person verbally, in writing, or via electronic means.
"Reporting gender-based violence with actual malice" means
reporting gender-based violence with knowledge that the
statement was false or with reckless disregard of whether it
was false or not.
"Responding party" means any person against whom a motion
described in subsection (a) of Section 20 is filed.
(Source: P.A. 95-506, eff. 8-28-07.)
(735 ILCS 110/15)
Sec. 15. Applicability. This Act applies to any motion to
dispose of a claim in a judicial proceeding on the grounds that

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