There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - 775 ILCS 5/ Illinois Human Rights Act. Article 5a - Higher Education
(775 ILCS 5/5A‑101) (from Ch. 68, par. 5A‑101)
Sec. 5A‑101.
Definitions.
The following definitions are applicable
strictly in the content of this Article, except that the term "sexual harassment
in higher education" as defined herein has the meaning herein ascribed to
it whenever that term is used anywhere in this Act.
(A) Institution of Higher Education. "Institution of higher education"
means any 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.
(B) Degree. "Degree" means any 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.
(C) Student. "Student" means any individual admitted to or applying for
admission to an institution of 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 higher education.
(D) Higher Education Representative. "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,
and any 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.
(E) Sexual Harassment in Higher Education. "Sexual harassment in higher
education" means any unwelcome sexual advances or requests for sexual favors
made by a higher education representative to a student, or any conduct of
a sexual nature exhibited by a 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 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 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. 83‑91.)
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(775 ILCS 5/5A‑102) (from Ch. 68, par. 5A‑102)
Sec. 5A‑102.
Civil Rights Violations‑Higher Education.
It is a civil
rights violation:
(A) Higher Education Representative. For any higher education representative
to commit or engage in sexual harassment in higher education.
(B) Institution of Higher Education. For any institution of higher education
to fail to take remedial action, or to fail to take appropriate disciplinary
action against a higher education representative employed by such institution,
when such institution knows that such higher education representative was
committing or engaging in or committed or engaged
in sexual harassment in higher education.
(Source: P.A. 83‑91.)
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