Bill
HB 3689
Establishes a private right of action for survivors to sue Illinois higher education institutions that fail to exercise due diligence in addressing sexual and related violence, dox
Status and timeline
- Introduced: Feb. 18, 2025 (Rep. Mary Beth Canty). Co‑sponsors: Rep. Janet Yang Rohr; Rep. Kelly M. Cassidy.
- Passed both chambers in May 2025; enrolled and sent to the Governor June 2, 2025.
- Filed without the Governor’s signature: June 20, 2025. The bill text states it is effective immediately (see official remarks for any clarification).
Purpose
- Strengthen and update Illinois’ Preventing Sexual Violence in Higher Education Act to address technology‑facilitated harms, clarify institutional responsibilities, expand survivor protections, and create a private cause of action for survivors when institutions fail to respond with due diligence.
Key substantive changes and provisions
- Definitions: Adds/refines key terms, including:
- “Digital sexual harassment” — technology‑facilitated abusive acts based on sex, including nonconsensual dissemination (or threatened dissemination) of private or intentionally digitally altered sexual images (ties to Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act).
- “Doxing” — publishing another person’s personally identifiable information intending to harm or harass (defined consistent with Civil Liability for Doxing Act).
- Expands survivor/stalking/sexual harassment definitions and clarifies “survivor” as a student who self‑identifies and experienced the conduct while enrolled.
- Comprehensive institutional policies:
- Requires higher education institutions (public universities, community colleges, and private colleges located in Illinois) to update comprehensive policies to address digital sexual harassment and doxing.
- Requires notification to survivors of rights/options and a summary of the institution’s process for protecting survivors from retaliation.
- Clarifies that a “confidential advisor” (emergency and ongoing support) is distinct from an advisor participating in formal complaint resolution processes.
- Evidence and complaint procedures:
- Prohibits institutions from distributing any evidence that includes a private or intentionally digitally altered sexual image by physical or electronic means.
- Requires institutions to adopt a policy and process for early resolution of retaliatory reports/claims/counterclaims made by respondents or others against survivors.
- Makes other changes to complaint resolution and training requirements (including trauma‑informed/survivor‑centered language).
- Private cause of action:
- Establishes that a survivor may sue a higher education institution that fails to exercise due diligence in responding to sexual violence, domestic violence, dating violence, stalking, doxing, digital sexual harassment, or other sex‑based harassment the institution knew or should have known about.
- The bill specifies relief available to a prevailing survivor (text indicates relief is set forth, but specific dollar amounts or remedies should be consulted in the act’s final statutory language).
Who is affected
- Higher education institutions in Illinois (public and private) — must revise policies, implement trainings, provide confidential advisors, and adopt new complaint/retaliation resolution processes.
- Students (survivors and respondents) — expanded protections, definitions, and new procedural safeguards (including limits on distribution of intimate images).
- Institutional staff, advisors, and third parties involved in prevention, reporting, and adjudication processes.
- Institutions face increased civil liability exposure under the new private cause of action.
Implementation and next steps
- Institutions should review and update comprehensive policies, trainings, evidence‑handling practices, and retaliation procedures immediately to comply with the amended Act.
- Consult the final enacted text (and any official remarks) for the precise effective date and details on remedies available to prevailing survivors.
Compiled from official sources — confirm details with the bill’s official record.
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