person to seek a civil remedy in a court of competent juris-
diction with respect to any covered allegation. 
‘‘SEC. 164. DUE PROCESS REQUIREMENTS FOR INSTITU-
TIONAL DISCIPLINARY PROCEEDINGS. 
‘‘(a) DUE PROCESS RIGHTS.—Each institution of 
higher education which is subject to this part may not im-
pose any sanction on any person, including a student orga-
nization, in response to a covered allegation unless the 
sanction is imposed under a formal hearing or similar ad-
judicatory proceeding, in accordance with institutional dis-
ciplinary proceedings that meet each of the following re-
quirements: 
‘‘(1) The institution shall provide all parties to 
the proceeding with adequate written notice of the 
allegation not later than 2 weeks prior to the start 
of any formal hearing or similar adjudicatory pro-
ceeding, and shall include in such notice a descrip-
tion of all rights and responsibilities under the pro-
ceeding, a statement of all relevant details of the al-
legation, and a specific statement of the sanctions 
which may be imposed. 
‘‘(2) The institution shall provide each person 
against whom the allegation is made with a mean-
ingful opportunity to admit or contest the allegation. 
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‘‘(3) The institution shall ensure that all parties 
to the proceeding have access to all material evi-
dence, including both inculpatory and exculpatory 
evidence, not later than one week prior to the start 
of any formal hearing or similar adjudicatory pro-
ceeding. Such evidence may include but is not lim-
ited to complainant statements, third-party witness 
statements, electronically stored information, written 
communications, social media posts, and demonstra-
tive evidence. 
‘‘(4) The institution shall permit each party to 
the proceeding to be represented, at the sole expense 
of the party, by an attorney or other advocate for 
the duration of the proceeding, including during the 
investigation of the allegation and other preliminary 
stages prior to a formal hearing or similar adjudica-
tory proceeding, and shall permit the attorney or 
other advocate to ask questions in the proceeding, 
file relevant papers, examine evidence, and examine 
witnesses (subject to paragraph (5)). 
‘‘(5) The institution shall permit each party to 
the proceeding to safely confront witnesses, includ-
ing the complainant, in an appropriate manner, in-
cluding by submitting written questions to be asked 
by the person serving as the adjudicator in any for-
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mal hearing or similar adjudicatory proceeding, ex-
cept that it shall be presumptively improper for any 
person to make any inquiry about the sexual history 
of the individual reporting the covered allegation 
(other than an inquiry made by the individual 
against whom the allegation is made, or such indi-
vidual’s counsel or advocate, about the sexual history 
between such individual and the individual reporting 
the covered allegation). 
‘‘(6) The institution shall ensure that the pro-
ceeding is carried out free from conflicts of interest 
by ensuring that there is no commingling of admin-
istrative or adjudicative roles. For purposes of this 
paragraph, an institution shall be considered to com-
mingle such roles if any individual carries out more 
than one of the following roles with respect to the 
proceeding: 
‘‘(A) Victim counselor and victim advocate. 
‘‘(B) Investigator. 
‘‘(C) Prosecutor. 
‘‘(D) Adjudicator. 
‘‘(E) Appellate adjudicator. 
‘‘(b) STANDARD OF PROOF.—An institution of higher 
education may establish and apply such standard of proof 
as it considers appropriate for purposes of any adjudica-
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tion carried out as part of an institutional disciplinary pro-
ceeding under this section. 
‘‘(c) JUDICIAL REVIEW.— 
‘‘(1) PRIVATE
RIGHT
OF
ACTION.—Any indi-
vidual who is aggrieved by a decision to impose a 
sanction under an institutional disciplinary pro-
ceeding under this section may bring a civil action 
in an appropriate district court of the United States, 
but only if the action is brought not later than 1 
year after the date on which the individual received 
final notice of the sanction imposed on the individual 
under the proceeding. 
‘‘(2) STANDARD FOR REVIEW.—In any action 
brought under this subsection, the court may find 
for the plaintiff only if the court finds that the im-
position of the sanction was arbitrary, capricious, or 
contrary to law. 
‘‘(3) RECORDS.—As soon as practicable after a 
civil action is filed under this subsection, the institu-
tion of higher education involved shall forward the 
administrative record of the institutional disciplinary 
proceeding to the court. 
‘‘(4) 
DAMAGES
AND
PREVAILING
PARTY 
FEES.—In any civil action under this subsection, the 
court may award the prevailing party (other than 
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the institution of higher education) compensatory 
damages, reasonable court costs, attorney fees, in-
cluding expert fees, and any other relief in equity or 
law that the court deems appropriate. 
‘‘(d) PUBLICATION IN STUDENT HANDBOOK.—Each 
institution of higher education which is subject to this part 
shall publish annually in the institution’s Student Hand-
book (or equivalent publication) a statement of the proce-
dures applicable to institutional disciplinary proceedings 
under this section, and shall publish such statement in the 
form of a contract between the institution and its students 
and student organizations. 
‘‘(e) NO RIGHT TO PAID ADVOCATE.—Nothing in 
this section shall be construed to create a right for any 
individual to be represented by an attorney or other advo-
cate at an institution of higher education’s expense. 
‘‘SEC. 165. PRESERVATION OF SINGLE-SEX EXEMPTION FOR 
STUDENT ORGANIZATIONS. 
‘‘(a) RESTATEMENT OF CONGRESSIONAL POSITION 
ON TITLE IX AND SINGLE-SEX ORGANIZATIONS.—Con-
gress finds as follows: 
‘‘(1) The enactment of title IX of the Education 
Amendments of 1972 (commonly known as ‘title 
IX’) continues to be a vital element of ensuring all 
Americans have equal access to higher education. 
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