‘‘(b) NON-RETALIATION AGAINST MEMBERS OF SIN-
GLE-SEX SOCIAL ORGANIZATIONS.—An institution of 
higher education that receives funds under this Act shall 
not— 
‘‘(1) take any action to require or coerce a stu-
dent or social organization to waive the rights of the 
student or organization, respectively, under this sec-
tion; 
‘‘(2) take any adverse action against a student 
who is a member of a single-sex social organization, 
or a single-sex social organization, based solely on 
the membership practice of such organization of lim-
iting membership to only individuals of one sex; or 
‘‘(3) impose a recruitment restriction (including 
a recruitment restriction relating to the schedule for 
membership recruitment) on a single-sex social orga-
nization recognized by the institution, which is not 
imposed upon other student organizations by the in-
stitution, unless the organization and the institution 
have entered into a mutually agreed-upon written 
agreement that allows the institution to impose such 
restriction. 
‘‘(c) RULES OF CONSTRUCTION.—Nothing in this 
section shall— 
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‘‘(1) require an institution of higher education 
to officially recognize, or enter into a mutually 
agreed-upon written agreement with, a social organi-
zation (such as a social organization whose purpose 
is incompatible with the religious or cultural mission 
of the institution of higher education); 
‘‘(2) prohibit an institution of higher education 
from taking an adverse action, which is not based 
solely on the membership practice of a social organi-
zation of limiting membership to only individuals of 
one sex, against a student who joins such social or-
ganization or such social organization— 
‘‘(A) whose purpose is incompatible with 
the religious or cultural mission of the institu-
tion of higher education; or 
‘‘(B) for another reason (such as academic 
or nonacademic misconduct); 
‘‘(3) subject to subsection (b)(3), prevent a so-
cial organization from regulating its own member-
ship; 
‘‘(4) inhibit the ability of the faculty of an insti-
tution of higher education to express an opinion (ei-
ther individually or collectively) on a single-sex social 
organization, or otherwise inhibit the academic free-
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dom of such faculty to research, write, or publish 
material on such an organization; or 
‘‘(5) create enforceable rights against a social 
organization or against an institution of higher edu-
cation due to the decision of such social organization 
to deny membership to an individual student. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ADVERSE ACTION.—The term ‘adverse ac-
tion’ includes the following with respect to a single- 
sex social organization or a member of such organi-
zation: 
‘‘(A) Expulsion, suspension, probation, 
censure, condemnation, reprimand, or any other 
disciplinary, coercive, or sanction taken by an 
institution of higher education or administrative 
unit of such institution. 
‘‘(B) An oral or written warning with re-
spect to an action described in subparagraph 
(A) made by an official of an institution of 
higher education acting in the official capacity 
of the official. 
‘‘(C) An action to deny participation in 
any education program or activity, including the 
withholding of any rights, privileges, or oppor-
tunities. 
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‘‘(D) An action to withhold, in whole or in 
part, any financial assistance (including schol-
arships and on campus employment), or deny-
ing the opportunity to apply for financial assist-
ance, a scholarship, a graduate fellowship, or 
on-campus employment. 
‘‘(E) An action to deny or restrict access 
to on-campus housing. 
‘‘(F) An action to deny any certification, 
endorsement, or letter of recommendation that 
may be required by a student’s current or fu-
ture employer, a government agency, a licensing 
board, an institution of higher education, a 
scholarship program, or a graduate fellowship 
to which the student seeks to apply. 
‘‘(G) An action to deny participation in 
any sports team, club, or other student organi-
zation, including a denial of any leadership po-
sition in any sports team, club, or other student 
organization. 
‘‘(H) An action to withdraw official rec-
ognition by an institution of higher education. 
‘‘(I) An action to require any student to 
certify that such student is not a member of a 
single-sex social organization or to disclose the 
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student’s membership in a single-sex social or-
ganization. 
‘‘(J) An action by an institution of higher 
education to interject its own criteria into the 
membership practices of the organization in any 
manner that conflicts with the rights of such 
organization under title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.) 
or this section. 
‘‘(K) An action to impose any operational 
policy or restriction that is in violation of this 
section. 
‘‘(2) SINGLE-SEX SOCIAL ORGANIZATION.—The 
term ‘single-sex social organization’ means— 
‘‘(A) a social fraternity or sorority that is 
an organization described in section 501(c) of 
the Internal Revenue Code of 1986 which is ex-
empt from taxation under section 501(a) of 
such Code, the active membership of which con-
sists primarily of students in attendance at an 
institution of higher education; 
‘‘(B) the Young Men’s Christian Associa-
tion, Young Women’s Christian Association, 
Girl Scouts, Boy Scouts, Camp Fire Girls, and 
voluntary youth service organizations which are 
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so exempt, the membership of which has tradi-
tionally been limited to persons of one sex and 
principally to persons of less than nineteen 
years of age; or 
‘‘(C) a single-sex private social club (in-
cluding an independent organization located off- 
campus) that consists primarily of students or 
alumni of an institution of higher education.’’. 
Æ 
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