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Illinois General Assembly· SB 1928Governor Approved

HIGHER ED-MISCONDUCT SURVEY, the official text

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SB1928 Enrolled                     LRB104 10335 LNS 20409 b

1   AN ACT concerning education.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Preventing Sexual Violence in Higher

5 Education Act is amended by changing Section 35 as follows:

6   (110 ILCS 155/35)

7   Sec. 35. Sexual misconduct climate survey.

8   (a) As used in this Section:

9   "Base survey" means a base set of common questions

10 recommended by the Task Force on Campus Sexual Misconduct

11 Climate Surveys and approved by the Executive Director of the

12 Board of Higher Education and Executive Director of the

13 Illinois Community College Board.

14  "Student" means a person who is enrolled in a public or

15 private degree-granting, post-secondary higher education

16 institution, whether part-time, full-time, or as an extension

17 student, including any person who has taken a leave of absence

18 or who has withdrawn from the higher education institution due

19 to being a victim of sexual misconduct.

20  "Trauma informed" means an understanding of the

21 complexities of sexual violence, domestic violence, dating

22 violence, or stalking through training centered on the

23 neurobiological impact of trauma, the influence of societal
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1 myths and stereotypes surrounding sexual violence, domestic

2 violence, dating violence, or stalking, and understanding the

3 behavior of perpetrators.

4  (b) Beginning after the effective date of this amendatory

5 Act of the 104th General Assembly, each higher education

6 institution shall biennially conduct a sexual misconduct

7 climate survey of all students at the institution Each higher

8 education institution shall annually conduct a sexual

9 misconduct climate survey of all students at the institution.

10 Each higher education institution's sexual misconduct climate

11 survey shall include the base survey, which the Board of

12 Higher Education or Illinois Community College Board,

13 whichever is applicable, shall provide to the institution

14 every 2 years. Each institution may append its own

15 campus-specific questions to the base survey if questions do

16 not require the disclosure of any personally identifying

17 information by the students and are trauma informed. The Board

18 of Higher Education and Illinois Community College Board, in

19 consultation with the Office of the Attorney General, as

20 necessary, shall review any complaints submitted by students

21 who believe that questions included in the campus sexual

22 misconduct climate survey are traumatizing. Within 120 days

23 after completion of a sexual misconduct climate survey, but no

24 later than one year after the Board of Higher Education or

25 Illinois Community College Board, whichever is applicable,

26 issued the last base survey, each institution shall compile a
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1 summary of the results of the sexual misconduct climate

2 survey, including, but not limited to, the complete aggregated

3 results for each base survey question, and shall submit the

4 summary to the Board of Higher Education or Illinois Community

5 College Board, as well as publish the summary on the

6 institution's website in an easily accessible manner.

7   (c) The Task Force on Campus Sexual Misconduct Climate

8 Surveys is created. The Task Force shall consist of the

9 following members:

10  (1) the Executive Director of the Board of Higher

11  Education or a designee, who shall serve as chairperson;

12  (2) the Governor or a designee;

13  (3) one member of the Senate, appointed by the

14  President of the Senate;

15  (4) one member of the House of Representatives,

16  appointed by the Speaker of the House of Representatives;

17  (5) one member of the Senate, appointed by the

18  Minority Leader of the Senate;

19  (6) one member of the House of Representatives,

20  appointed by the Minority Leader of the House of

21  Representatives;

22  (7) the Attorney General or a designee;

23  (8) the Director of Public Health or a designee; and

24  (9) the Executive Director of the Illinois Community

25  College Board or a designee;

26  (10) the following members appointed by the Board of
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1   Higher Education:

2   (A) one member who is a student attending a public

3   higher education institution in Illinois;

4   (B) one member who is a student attending a

5   private higher education institution in Illinois;

6   (C) one member who is a representative of the

7   University of Illinois recommended by the president of

8   the university;

9   (D) one member who is a representative of private

10  colleges and universities recommended by the

11  Federation of Independent Illinois Colleges and

12  Universities;

13  (E) one member who is a chief student service

14  officer at a public or private university; and

15  (F) one member with expertise in institutional

16  research within a 4-year institution of higher

17  education;

18  (11) the following members appointed by the Illinois

19  Community College Board:

20  (A) one member who is a student attending a

21  community college in Illinois;

22  (B) one member who is a representative of the

23  community college system recommended by the Illinois

24  Council of Community College Presidents;

25  (C) one member who is a chief student service

26  office at a community college;
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1   (D) one member with expertise in institutional

2   research within a 2-year institution of higher

3   education; and

4   (12) (9) the following members appointed by the

5   Governor:

6   (A) (Blank); one member who is a student attending

7   a public higher education institution in Illinois;

8   (B) (Blank); one member who is a student attending

9   a private higher education institution in Illinois;

10  (C) (Blank); one member who is a student attending

11  a community college in Illinois;

12  (D) (Blank); one member who is a representative of

13  the University of Illinois recommended by the

14  president of the university;

15  (E) (Blank); one member who is a representative of

16  the Illinois Community College Board;

17  (F) (Blank); one member who is a representative of

18  private colleges and universities recommended by the

19  Federation of Independent Illinois Colleges and

20  Universities;

21  (G) 3 members who are representatives of survivors

22  of sexual assault recommended by the Illinois

23  Coalition Against Sexual Assault, with one

24  specifically representing survivors in rural

25  communities and one specifically representing

26  survivors in urban communities;
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1   (H) one member who is a representative of a

2   non-profit legal services organization that provides

3   legal representation to victims of campus sexual

4   assault in Illinois;

5   (I) one member who is a representative recommended

6   by the Illinois Coalition Against Domestic Violence;

7   (J) one member who is a representative recommended

8   by Equality Illinois;

9   (K) one member who is a representative of an

10  immigrant rights advocacy organization;

11  (L) one member who is a representative recommended

12  by the Every Voice Coalition or any successor

13  organization of the Every Voice Coalition;

14  (M) one member who is a researcher with experience

15  in the development and design of sexual misconduct

16  climate surveys; and

17  (N) one member who is a researcher of statistics,

18  data analytics, or econometrics with experience in

19  higher education survey analysis.

20  The Task Force shall hold its first meeting as soon as

21 practicable after the effective date of this amendatory Act of

22 the 102nd General Assembly. Administrative and other support

23 for the Task Force shall be provided by the Board of Higher

24 Education. Members of the Task Force shall serve 2-year terms

25 that commence on the date of appointment. Members shall

26 continue to serve until their successors are appointed. Any
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1 vacancy shall be filled by the appointing authority. Any

2 vacancy occurring other than by expiration of the term shall

3 be filled for the balance of the unexpired term. A majority of

4 the Task Force shall constitute a quorum for the transaction

5 of any business.

6   Members of the Task Force shall serve without compensation

7 but shall be reimbursed for expenses necessarily incurred in

8 the performance of their duties if funds are available.

9 However, the higher education institution in which a student

10 member is enrolled may compensate that student for

11 participating on the Task Force through a work-study program

12 or by providing a stipend to support the work of the student

13 member on the Task Force.

14  (d) The Task Force shall develop and recommend to the

15 Board of Higher Education and Illinois Community College Board

16 the base survey for distribution to higher education

17 institutions and provide the Board of Higher Education and

18 Illinois Community College Board with any related

19 recommendations regarding the content, timing, and application

20 of the base survey. The Task Force shall deliver the base

21 survey and related recommendations, including, but not limited

22 to, recommendations on achieving statistically valid response

23 rates, to the Board of Higher Education and Illinois Community

24 College Board no less often than every 2 years and for the

25 first time on or before July 31, 2023. Beginning after the

26 effective date of this amendatory Act of the 104th General
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1 Assembly, Thereafter, the Task Force shall meet to recommend

2 updates and revisions to the base survey in the year 2025 and

3 in the year 2027 to review the results of the survey and to

4 implement updates and improvements. The Task Force is

5 dissolved after the completion of the 2027 base survey. After

6 the dissolution of the Task Force, the Executive Director of

7 the Board of Higher Education or a designee and the Executive

8 Director of the Illinois Community College Board or a designee

9 shall review the base survey every 2 years to consider any

10 feedback that has been received and to implement improvements.

11  (e) In developing the base survey, the Task Force shall:

12  (1) utilize best practices from peer-reviewed research

13  and consult with individuals with expertise in the

14  development and use of sexual misconduct climate surveys

15  by higher education institutions, specifically the survey

16  design should consider survey length and time to complete,

17  respondent experience, minimization of question

18  redundancy, and question skip logic and branching

19  dependent on the respondent answers;

20  (2) review sexual misconduct climate surveys that have

21  been developed and previously utilized by higher education

22  institutions in Illinois and by other states that mandate

23  campus climate surveys;

24  (3) provide opportunities for written comment from

25  survivors and organizations that work directly with

26  survivors of sexual misconduct to ensure the adequacy and
    SB1928 Enrolled  -9-                LRB104 10335 LNS 20409 b

1   appropriateness of the proposed content;

2   (4) consult with institutions on strategies for

3   optimizing the effectiveness of the survey;

4   (5) account for the diverse needs and differences of

5   higher education institutions; and

6   (6) review the base survey to ensure that the strategy

7   for gathering information is trauma informed.

8   (f) The base survey shall gather information on topics,

9 including, but not limited to:

10  (1) the number and type of incidents, both reported to

11  the higher education institution and unreported to the

12  higher education institution, of sexual misconduct at the

13  higher education institution;

14  (2) when and where incidents of sexual misconduct

15  occurred, such as on campus, off campus, abroad, or

16  online;

17  (3) student awareness of institutional policies and

18  procedures related to campus sexual misconduct;

19  (4) whether a student reported the sexual misconduct

20  to the higher education institution and, if so, to which

21  campus resource such report was made and, if not, the

22  reason for the student's decision not to report;

23  (5) whether a student reported the sexual misconduct

24  to law enforcement and, if so, to which law enforcement

25  agency such report was made;

26  (6) whether a student was informed of or referred to
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1   local, State, campus, or other resources or victim support

2   services, including appropriate medical care, advocacy,

3   counseling, and legal services;

4   (7) whether a student was provided information

5   regarding his or her right to protection from retaliation,

6   access to school-based accommodations, and criminal

7   justice remedies;

8   (8) contextual factors, such as the involvement of

9   force, incapacitation, coercion, or drug or alcohol

10  facilitation;

11  (9) demographic information that could be used to

12  identify at-risk groups, including, but not limited to,

13  gender, race, immigration status, national origin,

14  ethnicity, disability status, sexual orientation, and

15  gender identity;

16  (10) perceptions of campus safety among members of the

17  campus community and confidence in the institution's

18  ability to protect against and respond to incidents of

19  sexual misconduct;

20  (11) whether the student has chosen to withdraw or has

21  taken a leave of absence from the institution or

22  transferred to another institution;

23  (12) whether the student has withdrawn from any

24  classes or has been placed on academic probation as a

25  result of the incident; and

26  (13) other questions as determined by the Task Force.
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1 All questions on the base survey shall be optional or shall

2 offer the student the option to select "I prefer not to answer"

3 as a response on the survey.

4   (g) The sexual misconduct climate survey shall collect

5 anonymous responses and shall not provide for the public

6 disclosure of any personally identifying information. No

7 institution may use or attempt to use information collected

8 through the sexual misconduct climate survey to identify or

9 contact any individual student on campus, nor shall the

10 results of the survey be used as the basis for any type of

11 investigation or disciplinary or legal proceeding.

12  (h) There shall be established within the Office of the

13 Board of Higher Education and the Office of the Illinois

14 Community College Board a data repository for all summaries of

15 sexual misconduct climate surveys submitted by higher

16 education institutions to the Board of Higher Education or

17 Illinois Community College Board in accordance with subsection

18 (b). The Board of Higher Education and Illinois Community

19 College Board shall ensure that the sexual misconduct climate

20 survey data submitted by all applicable institutions is

21 available to the public in an easily accessible manner on the

22 Board of Higher Education's or Illinois Community College

23 Board's website.

24  (i) Each higher education institution shall publish on the

25 institution's website in an easily accessible manner:

26  (1) the campus level results of the survey;
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1   (2) the annual security report required under the

2   federal Jeanne Clery Disclosure of Campus Security Policy

3   and Campus Crime Statistics Act;

4   (3) the reports required under Section 9.21 of the

5   Board of Higher Education Act; and

6   (4) a link to the Board of Higher Education's and

7   Illinois Community College Board's statewide data on

8   sexual misconduct climate survey data as set forth in

9   subsection (h).

10  (j) The Board of Higher Education and Illinois Community

11 College Board shall establish rules and procedures, including

12 deadlines for dissemination and collection of survey

13 information, consistent with the purposes of this Section and

14 shall promote effective solicitation to achieve the highest

15 practical response rate, collection, and publication of

16 statistical information gathered from higher education

17 institutions.

18  (k) (Blank). Upon determination, after reasonable notice

19 and opportunity for a hearing, that a higher education

20 institution has violated or failed to carry out any provision

21 of this Section or any rule adopted under this Section, the

22 Board of Higher Education or Illinois Community College Board,

23 whichever is applicable, may impose a civil penalty upon such

24 institution not to exceed $50,000, which shall be adjusted for

25 inflation annually, for each violation. The Board of Higher

26 Education and Illinois Community College Board shall use any
SB1928 Enrolled  - 13 - LRB104 10335 LNS 20409 b

1 such civil penalty funds to provide oversight of this Section
2 and to provide funding to community organizations that provide
3 services to sexual assault victims. The Attorney General may
4 bring an action in the circuit court to enforce the collection
5 of any monetary penalty imposed under this subsection (k).
6 (Source: P.A. 102-325, eff. 8-6-21; 103-288, eff. 7-28-23.)
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