8-804.Confidential advisor.

Article VIII. Evidence · Part 8. Privileged Communications · Last amended 2015 · Last verified July 20, 2026

In one sentenceCommunications between a college sexual-violence survivor and a confidential advisor at their higher education institution are protected from disclosure, with exceptions for consent, imminent risk of harm, and limited reporting to a Title IX coordinator.

Full Text of 735 ILCS 5/8-804

Text sizeJump to: (a) (b) (c) (d) (e)

(a) This Section is intended to protect students at higher education institutions in this State who are survivors of sexual violence from public disclosure of communications they make in confidence to confidential advisors. Because of the fear, stigma, and trauma that often result from incidents of sexual violence, many survivors hesitate to report or seek help, even when it is available at no cost to them. As a result, they not only fail to receive needed medical care and emergency counseling, but may lack the psychological support necessary to report the incident of sexual violence to the higher education institution or law enforcement.

(b) In this Section: "Confidential advisor" means a person who is employed or

contracted by a higher education institution to provide emergency and ongoing support to survivors of sexual violence with the training, duties, and responsibilities described in Section 20 of the Preventing Sexual Violence in Higher Education Act.

"Higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State.

"Sexual violence" means physical sexual acts attempted or perpetrated against a person's will or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

"Survivor" means a student who has experienced sexual violence while enrolled at a higher education institution.

(c) All communications between a confidential advisor and a survivor pertaining to an incident of sexual violence shall remain confidential, unless the survivor consents to the disclosure of the communication in writing, the disclosure falls within one of the exceptions outlined in subsection (d) of this Section, or failure to disclose the communication would violate State or federal law. Communications include all records kept by the confidential advisor in the course of providing the survivor with services related to the incident of sexual violence.

(d) The confidential advisor may disclose confidential communications between the confidential advisor and the survivor if failure to disclose would result in a clear, imminent risk of serious physical injury to or death of the survivor or another person.

The confidential advisor shall have no obligation to report crimes to the higher education institution or law enforcement, except to report to the Title IX coordinator, as defined by Title IX of the federal Education Amendments of 1972, on a monthly basis the number and type of incidents of sexual violence reported exclusively to the confidential advisor in accordance with the higher education institution's reporting requirements under subsection (b) of Section 9.21 of the Board of Higher Education Act and under federal law.

If, in any judicial proceeding, a party alleges that the communications are necessary to the determination of any issue before the court and written consent to disclosure has not been given, the party may ask the court to consider ordering the disclosure of the communications. In such a case, communications may be disclosed if the court finds, after in camera examination of the communication, that the communication is relevant, probative, and not unduly prejudicial or inflammatory or is otherwise clearly admissible; that other evidence is demonstrably unsatisfactory as evidence of the facts sought to be established by the communication or communications; and that disclosure is more important to the interests of substantial justice than protection from injury to the confidential advisor-survivor relationship, to the survivor, or to any other individual whom disclosure is likely to harm.

(e) This privilege shall not preclude an individual from asserting a greater privilege under federal or State law that applies.

End

Plain-English Summary

Section 8-804 protects communications between survivors of sexual violence at Illinois higher education institutions and the confidential advisors who support them. A confidential advisor is a person employed or contracted by the institution to provide emergency and ongoing support to survivors, with training and duties tied to the Preventing Sexual Violence in Higher Education Act. The statute defines sexual violence broadly to include rape, sexual assault, sexual battery, sexual abuse, and sexual coercion, and a survivor as a student who experienced sexual violence while enrolled.

All communications between a confidential advisor and a survivor about an incident of sexual violence, including records the advisor keeps in providing services, remain confidential unless the survivor consents in writing, an exception in subsection (d) applies, or nondisclosure would violate state or federal law. The confidential advisor may disclose without consent only if withholding the communication would create a clear, imminent risk of serious physical injury or death to the survivor or another person. Advisors have no general duty to report crimes to the institution or law enforcement, though they must report monthly to the Title IX coordinator the number and type of incidents reported to them exclusively, without identifying details, consistent with the institution's reporting obligations.

In a judicial proceeding, a party who believes the communications are necessary to resolve an issue, without the survivor's written consent, can ask the court to consider ordering disclosure. The court examines the communication in camera and may order disclosure only if it finds the communication relevant, probative, and not unduly prejudicial or inflammatory (or otherwise clearly admissible), that other evidence is demonstrably unsatisfactory to establish the same facts, and that disclosure serves the interests of substantial justice more than protecting the advisor-survivor relationship, the survivor, or others from harm. The privilege does not preclude a survivor from asserting a greater privilege available under other federal or state law.

Frequently Asked Questions

What is a "confidential advisor" under Illinois law?

Section 8-804 defines a confidential advisor as a person employed or contracted by a higher education institution to provide emergency and ongoing support to survivors of sexual violence, with training and duties described in the Preventing Sexual Violence in Higher Education Act.

Are communications with a college's confidential advisor always kept private?

Not always. They remain confidential unless the survivor consents in writing, one of the statute's exceptions applies, or nondisclosure would violate state or federal law, and a court can order disclosure after an in-camera review under the standards in subsection (d).

Does a confidential advisor have to report incidents to police or the school?

No general obligation to report exists, except that the advisor must report to the Title IX coordinator, on a monthly basis, the number and type of incidents reported exclusively to the advisor, consistent with the institution's reporting requirements under the Board of Higher Education Act and federal law.

When can a court order disclosure of communications with a confidential advisor?

After examining the communication in camera, the court may order disclosure if it finds the communication relevant, probative, and not unduly prejudicial (or otherwise clearly admissible), that other evidence is demonstrably unsatisfactory to prove the same facts, and that disclosure better serves substantial justice than protecting the relationship or the individuals involved from harm.

Can a survivor claim a stronger privilege than the one in Section 8-804?

Yes. Subsection (e) says this privilege does not preclude a survivor from asserting a greater privilege that applies under other federal or state law.

Amendment History

(Source: P.A. 99-426, eff. 8-21-15.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: confidential advisor privilege illinoiscampus sexual assault privilege illinoistitle ix confidential advisor confidentiality8-804 illinois evidencecollege sexual violence survivor privilege