Amends the Preventing Sexual Violence in Higher Education Act. Makes changes concerning definitions. Requires a higher education institution's comprehensive policy to include sexual harassment. Provides that a confidential advisor is separate from a complaint advisor, unless a complainant chooses to have the confidential advisor also serve as the complaint advisor. Makes changes to the complaint resolution procedure, including the timeline of the complaint resolution procedure, protective measures and accommodations, the distribution of evidence that includes a private or intentionally digitally altered sexual image, the direct questioning of either party, support persons for survivors and respondents, and the notice of appeal. Provides that violations of the Act are actionable in civil court. Sets forth the relief a prevailing survivor is entitled to. Amends the Code of Civil Procedure to make changes concerning confidential advisors. Makes other changes. Effective July 1, 2027.
House Floor Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that, on or before August 1, 2027, each higher education institution shall update its comprehensive policy to ensure compliance with the amendatory Act. Requires each higher education institution to act in accordance with its comprehensive policy. Provides that, beginning August 1, 2027, any party that is aggrieved by the failure of a higher education institution to respond to conduct that violates the higher education institution's comprehensive policy or the substantial failure of a higher education institution to act in accordance with its comprehensive policy may bring a civil lawsuit. Provides that the lawsuit must be brought no later than 7 years after the alleged violation of the comprehensive policy or 7 years after the date the aggrieved party becomes aware of the alleged violation, whichever is later. Provides that a higher education institution may consolidate complaints by a complainant against more than one respondent or by more than one complainant against one or more respondents if the allegations arise out of the same facts or circumstances and 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. Changes references to "protective measures and accommodations" to references to "protective and supportive measures". Provides that each request for protective and supportive measures must be evaluated on an individualized basis to determine the reasonableness of the request, and, 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. Removes provisions concerning a cause of action under the Act and the relief to which a prevailing survivor is entitled. Makes other changes. Effective July 1, 2027.
Senate Committee Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that, on or before August 1, 2027, each higher education institution shall update its comprehensive policy to ensure compliance with the amendatory Act. Requires each higher education institution to act in accordance with its comprehensive policy. Provides that, beginning August 1, 2027, any party that is aggrieved by conduct of a higher education institution that violates provisions concerning the comprehensive policy may bring a civil lawsuit. Provides that the lawsuit must be brought no later than 4 years after the alleged violation or 4 years after the date the aggrieved party becomes aware of the alleged violation, whichever is later. Provides that a court may not find that a higher education institution violated the provisions if the higher education institution demonstrates substantial compliance in good faith with its comprehensive policy and applicable law in effect at the time of the alleged violation. Provides that a higher education institution may consolidate complaints by a complainant against more than one respondent or by more than one complainant against one or more respondents if the allegations arise out of the same facts or circumstances and 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. Changes references to "protective measures and accommodations" to references to "protective and supportive measures". Provides that each request for protective and supportive measures must be evaluated on an individualized basis to determine the reasonableness of the request, and, 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. Removes provisions concerning a cause of action under the Act and the relief to which a prevailing survivor is entitled. Makes other changes. Effective July 1, 2027.
Senate Floor Amendment No. 3: Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Provides that, beginning August 1, 2027, any party that is aggrieved by a material failure of a higher education institution to substantially comply with (rather than conduct of a higher education institution that violates) provisions concerning the comprehensive policy may bring a civil lawsuit. Provides that the lawsuit must be brought no later than 4 years after the alleged violation (rather than 4 years after the alleged violation or 4 years after the date the aggrieved party becomes aware of the alleged violation, whichever is later). Requires that, to award actual and punitive damages, the court has to find that a higher education institution acted with deliberate indifference in violating the provisions or in disregarding the safety of the aggrieved party by a preponderance of the evidence. Provides that punitive damages may be awarded only if there is evidence of intentional misconduct or deliberate indifference regarding student safety. Requires that, except where emergency injunctive relief is sought, an aggrieved party must provide written notice to the higher education institution identifying the alleged violation and allow the higher education institution 30 days to cure or address the alleged noncompliance prior to filing a civil action, and that emergency injunctive relief shall be limited to ongoing or imminent violations. In provisions concerning complaint resolution procedures, provides that the higher education institution shall provide or facilitate reasonable protective and supportive measures within the scope of services, programs, and accommodations reasonably available through the higher education institution and bear the cost of those reasonable protective and supportive measures. Further amends the Preventing Sexual Violence in Higher Education Act by adding provisions allowing the Attorney General to impose a civil penalty on a higher education institution for failure to submit a complete annual report. Sets forth requirements for the imposition of the civil penalty. Makes other changes. Effective July 1, 2027.

Statutes affected:
Introduced: 110 ILCS 155/5, 110 ILCS 155/10, 110 ILCS 155/15, 110 ILCS 155/20, 110 ILCS 155/25, 110 ILCS 155/30, 110 ILCS 155/50, 110 ILCS 155/55, 735 ILCS 5/8
Engrossed: 110 ILCS 155/5, 110 ILCS 155/10, 110 ILCS 155/15, 110 ILCS 155/20, 110 ILCS 155/25, 110 ILCS 155/30, 735 ILCS 5/8