2023 Illinois Compiled Statutes › Chapter 775 - HUMAN RIGHTS › 775 ILCS 5/ - Illinois Human Rights Act. › Article 5A - Elementary, Secondary, and Higher Education

(775 ILCS 5/Art. 5A heading)
ARTICLE 5A.  ELEMENTARY, SECONDARY, AND HIGHER EDUCATION
(Source: P.A. 96-1319, eff. 7-27-10.)
(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
(Text of Section before amendment by P.A. 103-472)
Sec. 5A-101. Definitions.   The following definitions are applicable
strictly in the content of this Article, except that the term "sexual
harassment
in elementary, secondary, and
higher education" as defined herein has the meaning herein ascribed to
it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher Education.  "Institution of elementary, secondary, or higher education"
means: (1) a

publicly or privately operated university, college,
community
college, junior college, business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary
school level; or
(2) a publicly or privately operated elementary school or secondary school.
(B) Degree.  "Degree" means: (1) a
 designation, appellation,
series of letters
or words or other symbols which signifies or purports to signify that the
recipient thereof has satisfactorily completed an organized academic, business
or vocational program of study offered beyond the
secondary
school level; or (2) a designation signifying that the recipient has
graduated from an elementary school or secondary school.
(C) Student.  "Student" means any individual admitted to or applying for
admission to an  institution of elementary, secondary, or higher education, or
enrolled on a full or
part time basis in a course or program of academic, business or vocational
instruction offered by or through an institution of elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education Representative.  "Elementary, secondary, or higher education
representative"
means and includes the president, chancellor or other holder of any executive
office on the administrative staff of an institution of higher education,
an administrator of an elementary school or secondary school, a
 member of the faculty of an institution of higher education,
including
but not limited to a dean or associate or assistant dean, a professor or
associate or assistant professor, and a full or part time instructor or
visiting professor, including a graduate assistant or other student who
is employed on a temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or vocational
instruction offered by or through an institution of higher education, and any
teacher, instructor, or other employee of an elementary school or secondary school.
(E) Sexual Harassment in Elementary, Secondary, and Higher Education.  "Sexual harassment in
elementary, secondary, and
higher
education" means any unwelcome sexual advances or requests for sexual favors
made by an elementary, secondary, or
 higher
education representative to a student, or any
conduct of
a sexual nature exhibited by
an elementary, secondary, or

higher education representative
toward a
student, when such conduct has the purpose of substantially interfering
with the student's educational performance or creating an intimidating,
hostile or offensive educational environment; or when the elementary, secondary, or higher education
representative either explicitly or implicitly makes the student's submission
to such conduct a term or condition of, or uses the student's submission
to or rejection of such conduct as a basis for determining:
(1) Whether the student will be admitted to an     institution of elementary, secondary, or higher education;
(2) The educational performance required or expected     of the student;
(3) The attendance or assignment requirements     applicable to the student;
(4) To what courses, fields of study or programs,     including honors and graduate programs, the student will be admitted;
(5) What placement or course proficiency requirements     are applicable to the student;
(6) The quality of instruction the student will     receive;
(7) What tuition or fee requirements are applicable     to the student;
(8) What scholarship opportunities are available to     the student;
(9) What extracurricular teams the student will be a     member of or in what extracurricular competitions the student will participate;
(10) Any grade the student will receive in any     examination or in any course or program of instruction in which the student is enrolled;
(11) The progress of the student toward successful     completion of or graduation from any course or program of instruction in which the student is enrolled; or
(12) What degree, if any, the student will receive.
(Source: P.A. 96-1319, eff. 7-27-10.)
(Text of Section after amendment by P.A. 103-472)
Sec. 5A-101. Definitions.   The following definitions are applicable
strictly in the content of this Article, except that the term "sexual
harassment
in elementary, secondary, and
higher education" as defined herein has the meaning herein ascribed to
it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher Education.  "Institution of elementary, secondary, or higher education"
means: (1) a

publicly or privately operated university, college,
community
college, junior college, business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary
school level; or
(2) a publicly or privately operated elementary school or secondary school.
(B) Degree.  "Degree" means: (1) a
 designation, appellation,
series of letters
or words or other symbols which signifies or purports to signify that the
recipient thereof has satisfactorily completed an organized academic, business
or vocational program of study offered beyond the
secondary
school level; or (2) a designation signifying that the recipient has
graduated from an elementary school or secondary school.
(C) Student.  "Student" means any individual admitted to or applying for
admission to an  institution of elementary, secondary, or higher education, or
enrolled on a full or
part time basis in a course or program of academic, business or vocational
instruction offered by or through an institution of elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education Representative.  "Elementary, secondary, or higher education
representative"
means and includes the president, chancellor or other holder of any executive
office on the administrative staff of an institution of higher education,
an administrator of an elementary school or secondary school, a
 member of the faculty of an institution of higher education,
including
but not limited to a dean or associate or assistant dean, a professor or
associate or assistant professor, and a full or part time instructor or
visiting professor, including a graduate assistant or other student who
is employed on a temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or vocational
instruction offered by or through an institution of higher education, and any
teacher, instructor, or other employee of an elementary school or secondary school.
(E) Sexual Harassment in Elementary, Secondary, and Higher Education.  "Sexual harassment in
elementary, secondary, and
higher
education" means any unwelcome sexual advances or requests for sexual favors
made by an elementary, secondary, or
 higher
education representative to a student, or any
conduct of
a sexual nature exhibited by
an elementary, secondary, or

higher education representative
toward a
student, when such conduct has the purpose of substantially interfering
with the student's educational performance or creating an intimidating,
hostile or offensive educational environment; or when the elementary, secondary, or higher education
representative either explicitly or implicitly makes the student's submission
to such conduct a term or condition of, or uses the student's submission
to or rejection of such conduct as a basis for determining:
(1) Whether the student will be admitted to an     institution of elementary, secondary, or higher education;
(2) The educational performance required or expected     of the student;
(3) The attendance or assignment requirements     applicable to the student;
(4) To what courses, fields of study or programs,     including honors and graduate programs, the student will be admitted;
(5) What placement or course proficiency requirements     are applicable to the student;
(6) The quality of instruction the student will     receive;
(7) What tuition or fee requirements are applicable     to the student;
(8) What scholarship opportunities are available to     the student;
(9) What extracurricular teams the student will be a     member of or in what extracurricular competitions the student will participate;
(10) Any grade the student will receive in any     examination or in any course or program of instruction in which the student is enrolled;
(11) The progress of the student toward successful     completion of or graduation from any course or program of instruction in which the student is enrolled; or
(12) What degree, if any, the student will receive.
(F) Harassment in Elementary, Secondary, or Higher Education. "Harassment in elementary, secondary, or higher education" means any unwelcome conduct by an elementary, secondary or higher education representative toward a student
on the basis of a student's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service that has the purpose or effect of substantially interfering with a student's educational performance or creating an intimidating, hostile, or offensive educational environment.
(G) Educational Environment. "Educational environment" includes conduct that occurs at school, school-related activities, or events, and may include conduct that occurs off school grounds, subject to applicable State and federal law.
(Source: P.A. 103-472, eff. 8-1-24.)
(775 ILCS 5/5A-101.1)
Sec. 5A-101.1. Notice.
(A)  Every institution of higher education covered by this Act shall post in a prominent and accessible location a poster stating sexual harassment laws and policies. The poster shall be (i) posted and kept posted at each campus in common area positions easily accessible to all students including, but not limited to  residence halls, administration buildings, student unions, cafeterias, and libraries or (ii) posted annually at each campus in common area positions easily accessible to all students including, but not limited to, residence halls, administration buildings, student unions, cafeterias, and libraries, with an electronic copy of the sexual harassment laws and policies also sent to each student at the time that registration materials are emailed or (iii) on campuses that provide for online registration of student classes, such information pertaining to sexual harassment laws and policies may be incorporated into the registration process so that students must review the policies and laws and acknowledge such review, prior to being allowed to register. Documents to be posted shall be retrieved from the Illinois Department of Human Rights website to satisfy posting requirements. Posting of the posters shall be effectuated within 90 days of the effective date of this amendatory Act of the 96th General Assembly and shall occur annually thereafter.
(B)  The posted sexual harassment poster shall include, at a minimum, the following information: (i) the illegality of sexual harassment in higher education; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the institution's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights; (vi) directions on how to contact the Department; and (vii) protection against retaliation as provided by Sections 6-101 and 6-101.5 of this Act.
(C) Upon notification of a failure to post, the Department of Human Rights may launch a preliminary investigation. If the Department finds a failure to post, the Department may issue a notice to show cause  giving the institution 30 days to correct the failure to post. If the failure to post is not corrected, the Department may initiate a charge of a civil rights violation.
(Source: P.A. 102-362, eff. 1-1-22.)
(775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
(Text of Section before amendment by P.A. 103-472)
Sec. 5A-102. Civil Rights Violations-Elementary, Secondary, and Higher Education. It is a civil
rights violation:
(A) Elementary, Secondary, or Higher Education Representative.  For any elementary, secondary, or higher education representative
to commit or engage in sexual harassment in elementary, secondary, or higher education.
(B) Institution of Elementary, Secondary, or Higher Education.  For any institution of elementary, secondary, or higher education
to fail to take remedial action, or to fail to take appropriate disciplinary
action against an elementary, secondary, or higher education representative employed by such institution,
when such institution knows that such elementary, secondary, or higher education representative was
committing or engaging in or committed or engaged
in sexual harassment in elementary, secondary, or higher education.
(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
(Text of Section after amendment by P.A. 103-472)
Sec. 5A-102. Civil Rights Violations-Elementary, Secondary, and Higher Education. It is a civil
rights violation:
(A) Sexual Harassment; Elementary, Secondary, or     Higher Education Representative.  For any elementary, secondary, or higher education representative to commit or engage in sexual harassment in elementary, secondary, or higher education.
(B) Sexual Harassment; Institution of Elementary,     Secondary, or Higher Education.  For any institution of elementary, secondary, or higher education to fail to take remedial action, or to fail to take appropriate disciplinary action against an elementary, secondary, or higher education representative employed by such institution, when such institution knows that such elementary, secondary, or higher education representative was committing or engaging in or committed or engaged in sexual harassment in elementary, secondary, or higher education.
(C) Harassment; Elementary, Secondary, or Higher     Education Representative. For any elementary, secondary, or higher education representative to commit or engage in harassment in elementary, secondary, or higher education.
(D) Harassment; Institution of Elementary, Secondary,     or Higher Education. For any institution of elementary, secondary, or higher education to fail to take appropriate corrective action to stop harassment if the institution knows that an elementary, secondary, or higher education representative was committing or engaging in or committed or engaged in harassment in elementary, secondary, or higher education.
(E) Failure to Report.  For any school district     established under the School Code or institutions of elementary or secondary education covered by this Act to fail to disclose information as required by Section 2-3.196 of the School Code.
(F)  Exemptions. Nothing in Article 5A shall be     construed to limit jurisdiction under Section 5-102.2. Subsections (C), (D),  and (E) shall apply solely to nonsectarian institutions of elementary, secondary or higher education and elementary, secondary, or higher education representatives employed by such nonsectarian institutions. (Source: P.A. 103-472, eff. 8-1-24.)
(775 ILCS 5/5A-103)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 5A-103. Discrimination and harassment based on race, color, or national origin; and retaliation.
(a)   The General Assembly finds that harassment and discrimination based on race, color, or national origin has a detrimental influence in schools, contributing to psychological and physical harm and poorer academic outcomes for students of color, and higher rates of teacher turnover among teachers of color. It is the General Assembly's intent that each institution of elementary and secondary education in the State adopt and actively implement policies to reduce and respond effectively to harassment and discrimination based on race, color, and national origin; to provide students, parents or guardians, and employees information on how to recognize and report harassment and discrimination; and, for students, parents or guardians, and employees, to report harassment and discrimination based on race, color, or national origin without fear of retaliation, loss of status, or loss of opportunities.
(b)   The Department shall produce a model training program aimed at the prevention of discrimination and harassment based on race, color, and national origin in institutions of elementary and secondary education. The model program shall be made available to institutions of elementary and secondary education and to the public online at no cost. This model program shall regard participants as potential bystanders, rather than potential offenders, and include, at a minimum, the following:
(1) a primary focus on preventing discrimination and     harassment based on race, color, and national origin and retaliation;
(2)   an explanation of discrimination and harassment     based on race, color, and national origin and retaliation;
(3)   examples of conduct that constitutes     discrimination and harassment based on race, color, and national origin and retaliation;
(4)    an explanation, with examples, of how patterns     of conduct can, taken together over time, rise to the level of bullying, harassment, or discrimination;
(5)   an explanation of the difference between     discrimination based on disparate treatment and discrimination based on disparate impact;
(6)   a summary of other classes that are protected     from harassment and discrimination, and a statement that training intended to improve recognition of discrimination and harassment based on race, color, and national origin does not diminish protections under the law for other protected classes;
(7)   an explanation of the difference between     harassment as defined under this Act and bullying;
(8) a summary of relevant federal and State statutory     protections and remedies available to victims concerning discrimination and harassment based on race, color, and national origin, and retaliation, including, but not limited to, a summary of this Act's protections from discrimination, harassment and retaliation in the following contexts:
(a) students toward other students;
(b) teachers and other employees of an elementary         or secondary school toward students;
(c) students toward teachers and other employees         of an elementary or secondary school; and
(d) teachers and other employees of an elementary         or secondary school toward other teachers and employees of an elementary or secondary school.
(9) directions on how to contact the Department if a     school fails to take corrective action to stop the harassment or discrimination;
(10) a summary of responsibilities of institutions of     elementary or secondary education in the prevention, investigation, and corrective measures of discrimination, harassment, and retaliation, including, but not limited to, explanation of responsibilities in the following contexts:
(a) students toward other students;
(b) teachers and other employees of an elementary         or secondary school toward students;
(c)  students toward teachers and other employees         of an elementary or secondary school; and
(d) teachers and other employees of an elementary         or secondary school toward other teachers and employees of an elementary or secondary school; and
(11)   an explanation of the liability for     discrimination, harassment, and retaliation under this Act.
(c)   Every institution of elementary or secondary education in this State shall use the model training program developed by the Department, establish its own training program that equals or exceeds the minimum standards set forth in subsection (b), or use an existing discrimination and harassment prevention training program that equals or exceeds the minimum standards set forth in subsection (b). The training program shall be provided as a component of all new employee training programs for elementary and secondary education representatives and to existing representatives at least once every 2 years. For the purposes of satisfying the requirements under this Section, the Department's model program may be used to supplement any existing program an institution of elementary or secondary education is utilizing or develops.
(d)   Upon notification of a violation of subsection (c), the Department may launch a preliminary investigation. If the Department finds a violation of this Section, the Department may issue a notice to show cause, giving the institution of elementary or secondary education 30 days to correct the violation. If the institution of elementary or secondary education does not correct the violation within 30 days, the Department may initiate a charge of a civil rights violation.
(Source: P.A. 103-472, eff. 8-1-24.)