able for public inspection, including 
for online reading by the public. 
‘‘(E) LOSS OF ELIGIBILITY.— 
‘‘(i) IN
GENERAL.—If the Secretary 
determines, during the Final Stage Review, 
that the institution’s policy in question vio-
lates the expressive rights of students 
under the First Amendment to the Con-
stitution of the United States or the re-
strictions on the regulation of speech by 
time, place, and manner set forth in this 
section, the Secretary shall— 
‘‘(I) notify the complainant and 
the institution not more than 7 days 
after the date of the determination 
that the institution will lose eligibility 
to receive funds under this Act, in-
cluding participation in any program 
under this title, in accordance with 
this subparagraph; 
‘‘(II) notify the institution that 
the loss of eligibility shall take effect 
beginning with any student notified of 
acceptance for admission to the insti-
tution during the award year subse-
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quent to the award year during which 
the determination is made, and that 
no restoration of eligibility for ineli-
gible students in subsequent award 
years will occur prior to the beginning 
of the third award year subsequent to 
the award year during which the de-
termination is made; 
‘‘(III) explain and justify the de-
termination in a written decision cit-
ing relevant legal precedent, copies of 
which shall be sent to the complain-
ant, the institution, the authorizing 
committees, and made available for 
public inspection, including for online 
reading by the public; and 
‘‘(IV) require the institution to 
post the determination of the Sec-
retary on the website of the institu-
tion, within two clicks of the home-
page, without a paywall, email login, 
or other restriction to access. 
‘‘(ii) CONTINUED ELIGIBILITY.—Each 
student enrolled at the institution during 
the award year in which eligibility is lost 
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as described in this subparagraph, and 
each student notified of acceptance for ad-
mission to the institution during the award 
year in which eligibility is lost as described 
in this subparagraph, shall continue to be 
eligible to participate, through the institu-
tion, in programs funded under this Act 
during the 3-year period after the date of 
the loss of eligibility. 
‘‘(F) RESTORATION OF ELIGIBILITY.— 
‘‘(i) IN GENERAL.—Not later than 7 
days after the loss of eligibility under sub-
paragraph (E), the Secretary shall inform 
the institution that the institution may re-
store eligibility, either by certifying to the 
Secretary that the institution has entirely 
withdrawn the policy that precipitated loss 
of eligibility, or by submitting a revised 
policy for review at any time following the 
failure of the Final Review. 
‘‘(ii) REVIEW OF REVISED POLICY.— 
The Secretary shall review a revised policy 
submitted for review after the loss of eligi-
bility and determine not later than 120 
days after the date the revised policy is 
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submitted whether such policy is consistent 
with the expressive rights of students 
under the First Amendment to the Con-
stitution of the United States and with the 
restrictions on the regulation of speech by 
time, place, and manner set forth in this 
Act. 
‘‘(iii) 
INVESTIGATION.—While 
con-
ducting a review to restore eligibility under 
this subparagraph, the Secretary may con-
duct an investigation in which further in-
formation may be sought or requested 
from the institution, or any other source 
the Secretary determines pertinent. 
‘‘(iv) WRITTEN DECISION.—In making 
a determination of whether a revised policy 
submitted for review after the loss of eligi-
bility is either consistent or inconsistent 
with the expressive rights of students 
under the First Amendment to the Con-
stitution of the United States and with the 
restrictions on the regulation of speech by 
time, place, and manner set forth in this 
Act, the Secretary shall explain and justify 
the determination in a written decision cit-
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ing relevant legal precedent, copies of 
which shall be sent to the complainant, the 
institution, the authorizing committees, 
and made available for public inspection, 
including for online reading by the public. 
‘‘(v) LIMIT
ON
REVIEW.—The Sec-
retary may conduct not more than 1 review 
to restore eligibility for a single institution 
in any given award year. 
‘‘(vi) RESTORATION.—If an institu-
tion certifies to the Secretary that the pol-
icy that precipitated the loss of eligibility 
has been entirely withdrawn, or if Sec-
retary determines that the revised policy 
submitted for review is consistent with the 
expressive rights of students under the 
First Amendment to the Constitution of 
the United States and with the restrictions 
on the regulation of speech by time, place, 
and manner set forth in this section, the 
institution’s eligibility to receive funds 
under this Act, including participation in 
any program under this title, shall be re-
stored not earlier than the beginning of the 
third award year following the year in 
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which notification of loss of eligibility was 
received. 
‘‘(G) GOOD FAITH REPRESENTATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall inform any institution undergoing re-
view of its campus speech policies that it 
expects the institution to represent its poli-
cies, along with any proposed revisions in 
such policies, in good faith. 
‘‘(ii) MISREPRESENTATION.— 
‘‘(I) COMPLAINTS.—A student, 
student organization, or any other 
person or organization may file, with 
the employee in the Office of Postsec-
ondary Education of the Department 
designated by the Secretary under 
paragraph (2) to receive complaints, a 
complaint that an institution has sub-
stantially misrepresented its speech 
policies, or withheld information re-
quested by the Secretary during an 
investigation, or attempted to cir-
cumvent the review process by reinsti-
tuting a policy under review in a sub-
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stantially similar form without inform-
ing the Secretary. 
‘‘(II) LOSS OF ELIGIBILITY.—If 
the Secretary determines upon inves-
tigation, or after receiving a complaint 
under subclause (I), that an institu-
tion has substantially misrepresented 
its speech policies, or withheld infor-
mation requested by the Secretary 
during an investigation, or attempted 
to circumvent the review process by 
reinstituting a policy under review in 
a substantially similar form without 
informing the Secretary, the institu-
tion shall lose eligibility to receive 
funds under this Act, including par-
ticipation in any program under this 
title. 
‘‘(iii) LOSS OF ELIGIBILITY.—If an in-
stitution loses eligibility under clause (ii), 
the Secretary shall notify the institution, 
not later than 7 days after the determina-
tion, that the loss of eligibility shall take 
effect beginning with any student notified 
of acceptance for admission to the institu-
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tion during the award year subsequent to 
the award year during which the deter-
mination is made, and that no restoration 
of eligibility for students admitted in sub-
sequent award years will occur prior to the 
beginning of the third award year subse-
quent to the award year during which the 
determination is made. 
‘‘(f) RETALIATION PROHIBITED.— 
‘‘(1) IN GENERAL.—No person may intimidate, 
threaten, coerce, or discriminate against any indi-
vidual because the individual has made a report or 
complaint, testified, assisted, or participated or re-
fused to participate in any manner in an investiga-
tion, proceeding, or hearing under this section. 
‘‘(2) SPECIFIC CIRCUMSTANCES.— 
‘‘(A) EXERCISE
OF
FIRST
AMENDMENT 
RIGHTS.—The exercise of rights protected 
under the First Amendment to the Constitution 
of the United States does not constitute retalia-
tion prohibited under paragraph (1). 
‘‘(B) CODE OF CONDUCT VIOLATION FOR 
MATERIALLY FALSE STATEMENT.—Charging an 
individual with a code of conduct violation for 
making a materially false statement in bad 
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faith in the course of a grievance proceeding 
under this section does not constitute retalia-
tion prohibited under paragraph (1). A deter-
mination regarding responsibility, alone, is not 
sufficient to conclude that any party made a 
materially false statement in bad faith. 
‘‘(g) JUDICIAL REVIEW.—A public institution of 
higher education participating in a program under this 
title may seek judicial review of an agency action under 
this section in accordance with chapter 7 of title 5, United 
States Code. 
‘‘SEC. 494B. CAMPUS SPEECH POLICIES AT PRIVATE UNI-
VERSITIES. 
‘‘(a) IN GENERAL.—Each private institution of high-
er education eligible to receive funds under this Act, in-
cluding any program under this title, shall— 
‘‘(1) post in one place on the website of the in-
stitution all policies that pertain to the protection 
and regulation of the expressive rights of students, 
including the right to submit a complaint under this 
section, within 2 clicks of the homepage, without a 
paywall, email login, or other restriction to access; 
and 
‘‘(2) include a copy of such policies in a hand-
book distributed to new students. 
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‘‘(b) RESPONSIBILITY FOR FULL POLICY DISCLO-
SURE.—Each private institution of higher education de-
scribed in subsection (a) shall include with the copy of the 
policies described in subsection (a)— 
‘‘(1) a statement affirming that all policies per-
tinent to the protection and regulation of the expres-
sive rights of students have been disclosed in the 
manner required by this section; and 
‘‘(2) a statement affirming that publication of 
such policies as required by this section and instruc-
tions for students on how to contact the employee 
designated in the Office of Postsecondary Education 
in the Department under subsection (d)(1) to file a 
complaint. 
‘‘(c) CAUSE OF ACTION.— 
‘‘(1) AUTHORIZATION.—A student claiming 
that a private institution of higher education in 
which the student is enrolled has violated published 
policy regarding expressive rights imposed by this 
section may bring an action in a Federal court of 
competent jurisdiction to enjoin such violation or to 
recover compensatory damages, reasonable court 
costs, or reasonable attorney fees. 
‘‘(2) ACTIONS.—Notwithstanding any other 
provision of law, in an action brought under this 
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subsection, the Federal court shall decide de novo all 
relevant questions of fact and law, including the in-
terpretation of constitutional, statutory, and regu-
latory provisions, unless the parties stipulate other-
wise. In an action brought under this subsection, if 
the court finds a violation of subsection (b), the 
court— 
‘‘(A) shall— 
‘‘(i) enjoin the violation; and 
‘‘(ii) award the student— 
‘‘(I) not less than $500 for an 
initial violation; and 
‘‘(II) if the student notifies the 
institution of the violation, $50 for 
each day the violation continues after 
the notification if the institution did 
not act to discontinue the cause of the 
violation; and 
‘‘(B) may award a prevailing plaintiff— 
‘‘(i) compensatory damages; 
‘‘(ii) reasonable court costs; or 
‘‘(iii) reasonable attorney fees. 
‘‘(d) SECRETARIAL REQUIREMENTS.— 
‘‘(1) DESIGNATION
OF
AN
EMPLOYEE.—The 
Secretary shall designate an employee in the Office 
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of Postsecondary Education in the Department who 
shall— 
‘‘(A) receive copies of all complaints per-
taining to the protection and regulation of the 
expressive rights of students at private institu-
tions of higher education that receive funds 
under this section, including any programs 
under this title; 
‘‘(B) preserve all records of such policies 
for a period of not less than 10 years; 
‘‘(C) receive complaints from students, stu-
dent organizations, or from any other person or 
organization, that believes a private institution 
of higher education has not disclosed a policy 
pertaining to the protection and regulation of 
the expressive rights of students as required by 
this section, is enforcing a policy pertaining to 
the expressive rights of students that has not 
been disclosed as required by this section, or 
has failed to make a full policy disclosure, for 
the enforcement of speech policies, as required 
by this section; 
‘‘(D) not more than 7 days after the date 
of receipt of a complaint under subparagraph 
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sive rights of students as required by this sec-
tion or is enforcing a policy pertaining to the 
expressive rights of students that has not been 
disclosed as required by this section, the Sec-
retary shall notify the institution and the com-
plainant, not more than 7 days after the date 
of such determination, that the institution is 
out of compliance with the requirements for re-
ceiving funds under this Act, including partici-
pation in any program under this title, but will 
be granted a grace period of 60 days to return 
to compliance before formally losing eligibility 
for receiving funds under this Act, including 
participation in any program under this title. 
‘‘(B) SPECIFICATIONS IN NOTIFICATION.— 
As part of the notification under subparagraph 
(A), the Secretary shall specify which policies 
need to be disclosed and published in order for 
eligibility to be restored. 
‘‘(C) NOTIFICATION
OF
LOSS
OF
ELIGI-
BILITY.— 
‘‘(i) IN
GENERAL.—If the Secretary 
determines that, 60 days after being noti-
fied that the institution is out of compli-
ance as described in subparagraph (A), the 
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institution has failed to return to compli-
ance by making the appropriate speech 
policy disclosures, the Secretary shall no-
tify the institution and the complainant, 
not more than 7 days after the date of 
such determination— 
‘‘(I) that the institution will lose 
eligibility to receive funds under this 
Act, including participation in any 
program under this title; 
‘‘(II) that the loss of eligibility 
shall take effect beginning with any 
student notified of acceptance for ad-
mission to the institution during the 
award year subsequent to the award 
year during which the determination 
is made, and that no restoration of 
eligibility for ineligible students in 
subsequent years will occur prior to 
the beginning of the third award year 
subsequent to the award year during 
which the determination is made; and 
‘‘(III) that the institution shall 
post the determination of the Sec-
retary on the website of the institu-
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tion, within two clicks of the home-
page, without a paywall, email login, 
or other restriction to access. 
‘‘(ii) CONTINUED ELIGIBILITY.—Each 
student enrolled at the institution during 
the award year in which eligibility is lost 
as described in this subparagraph, and 
each student notified of acceptance for ad-
mission to the institution during the award 
year in which eligibility is lost as described 
in this subparagraph, shall continue to be 
eligible to participate, through the institu-
tion, in programs funded under this Act 
during the 3-year period after the date of 
the loss of eligibility. 
‘‘(3) RESTORATION OF ELIGIBILITY.— 
‘‘(A) IN GENERAL.—Not later than 7 days 
after the loss of eligibility under paragraph (2), 
the Secretary shall inform the institution that 
the institution may restore eligibility by making 
the appropriate speech policy disclosures, as di-
rected by the Secretary in conformity with this 
section. 
‘‘(B) REVIEW.—The Secretary shall review 
any policy disclosures and determine whether 
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the policy disclosures are sufficient to restore 
eligibility for receiving funds under this Act, in-
cluding participation in any program under this 
title, not later than 120 days after the date of 
receipt of such disclosures or statement. 
‘‘(C) INVESTIGATION.—While conducting a 
review to restore eligibility under this para-
graph, the Secretary may conduct an investiga-
tion in which further information may be 
sought or requested from the institution, or 
other source pertinent to the case. 
‘‘(D) RESTORATION.—If the Secretary de-
termines that the institution under review to re-
store eligibility under this paragraph has made 
the policy disclosures as required by this sec-
tion, the institution’s eligibility to receive funds 
under this Act, including participation in any 
program under this title, shall be restored not 
earlier than the beginning of the third award 
year following the year in which notification of 
loss of eligibility was received. 
‘‘(E) LIMIT
ON
REVIEW.—The Secretary 
may conduct not more than 1 review to restore 
eligibility for a single institution in any given 
award year. 
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‘‘(4) PROHIBITION.—The Secretary may not 
conduct an investigation under this subsection for 
purposes of making a determination under para-
graph (2)(A) with respect to an institution of higher 
education, unless such an investigation is conducted 
with respect to a complaint received under para-
graph (1). 
‘‘(e) NONAPPLICATION TO CERTAIN INSTITUTIONS.— 
This section shall not apply to an institution of higher 
education that is controlled by a religious organization. 
‘‘(f) JUDICIAL REVIEW.—A private institution of 
higher education participating in a program under this 
title may seek judicial review of an agency action under 
this section in accordance with chapter 7 of title 5, United 
States Code.’’. 
Æ 
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