SPRINGFIELD – State Senator Graciela Guzmán’s bill to support survivors and strengthen higher education requirements when addressing sexual violence passed the Senate.
“The ways students experience harassment and abuse have changed since 2015,” said Guzmán (D-Chicago). “Harm can happen through repeated unwelcome electronic communications, sexually explicit material being sent or weaponized, or the actual or threatened sharing of private or digitally altered sexual images without consent. Our law has to recognize the ways students are being harmed now.”
Guzmán’s bill would add definitions for sexual harassment and digital sexual harassment, requiring higher education policy regarding gender-based violence to address these major issues. The bill would provide guidance and gives examples of supportive measures, while ensuring that a particular course of study or major cannot be a reason to deny such measures. If an institution willfully fails to act in accordance with the policy, this legislation would create a civil cause of action, thus providing a mechanism of enforcement for survivor rights.
In addition to survivors of sexual violence, survivors of domestic violence, dating violence, stalking and sexual harassment are all entitled to privacy protections when they meet with a campus confidential advisor. The legislation would clarify that supportive and protective measures are available as long as needed by a survivor regardless of whether a complaint is filed.
According to the American Psychological Association, campus sexual assault makes up the largest proportion of on campus crimes in the U.S., at 43%. Along with being a significant health and human rights concern, sexual violence can have a negative impact on academic performance. As of 2017, studies show up to 25% of female college students report being victims of sexual assault. LGBTQ+ students, individuals with disabilities and those from minority ethnic communities are at an elevated risk. These statistics indicate sexual harassment on higher education campuses is a widespread and systemic problem.
"The impact of sexual violence is a lifelong burden for survivors and we should be doing all we can--both to prevent these crimes from being committed and to protect survivors from retaliation when they come forward about their experiences," said State Representative Mary Beth Canty (D-Arlington Heights). "This legislation requires our higher education institutions to be better prepared to assist and protect students who have experienced these situations, ensuring they don't have to face the fallout alone. I'm glad to have worked with Senator Guzman on a measure so vital for Illinois' young people.”
“We need this because survivors are still navigating systems where the institution controls the policy, the process, the timeline, the remedy, and often the consequences,” said Guzmán. “This bill is not intended to punish institutions acting in good faith, but to aid students failed by the very system that is supposed to protect them.”
House Bill 4990 passed the Senate and heads to the House for further consideration.
