PRIA, Government Policy, Made Personal

Summary

Colleges and universities that receive federal money must not exclude, punish, or treat students unfairly for taking part in speech or joining groups that the Constitution protects. Congress says schools are different, should set their own goals, should promote open discussion, and must not intimidate, harass, or discourage students. This does not change religious freedom protections. A school can still discipline a student who willfully disrupts a class or event, as long as the discipline is fair and impartial. Schools may also act to enforce state alcohol laws, discourage binge drinking, protect students from sexual harassment and assault, prevent hazing, and fix unsafe or unsanitary housing. Official sanction = disciplinary actions like expulsion, suspension, probation, censure, reprimand, or warnings. Protected speech and protected association = speech or joining/meeting/living with others that the First and Fourteenth Amendments would protect.

Title 20, §1011a

Education, Source: USLM XML via OLRC

(a)Protection of rights

(1)It is the sense of Congress that no student attending an institution of higher education on a full- or part-time basis should, on the basis of participation in protected speech or protected association, be excluded from participation in, be denied the benefits of, or be subjected to discrimination or official sanction under any education program, activity, or division of the institution directly or indirectly receiving financial assistance under this chapter, whether or not such program, activity, or division is sponsored or officially sanctioned by the institution.

(2)It is the sense of Congress that—

(A)the diversity of institutions and educational missions is one of the key strengths of American higher education;

(B)individual institutions of higher education have different missions and each institution should design its academic program in accordance with its educational goals;

(C)an institution of higher education should facilitate the free and open exchange of ideas;

(D)students should not be intimidated, harassed, discouraged from speaking out, or discriminated against;

(E)students should be treated equally and fairly; and

(F)nothing in this paragraph shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association.

(b)Construction

Nothing in this section shall be construed—

(1)to discourage the imposition of an official sanction on a student that has willfully participated in the disruption or attempted disruption of a lecture, class, speech, presentation, or performance made or scheduled to be made under the auspices of the institution of higher education, provided that the imposition of such sanction is done objectively and fairly; or

(2)to prevent an institution of higher education from taking appropriate and effective action to prevent violations of State liquor laws, to discourage binge drinking and other alcohol abuse, to protect students from sexual harassment including assault and date rape, to prevent hazing, or to regulate unsanitary or unsafe conditions in any student residence.

(c)Definitions

For the purposes of this section: (1) Official sanction

(2)Protected association

The term “protected association” means the joining, assembling, and residing with others that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments.

(3)Protected speech

The term “protected speech” means speech that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1011a, Pub. L. 89–329, title I, § 122, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 462, authorized grants to States, prior to the general amendment of this subchapter by Pub. L. 105–244.

Amendments

2008—Subsec. (a). Pub. L. 110–315, § 104(1), designated existing provisions as par. (1) and added par. (2). Subsec. (b)(1). Pub. L. 110–315, § 104(2), inserted “, provided that the imposition of such sanction is done objectively and fairly” after “higher education”.

§1011a Protection of Student Speech and Association Rights