Sec. 5. Creation of a private right of action
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/bill/113/hr/5269/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 485(f)(14) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(14) ) is amended to read as follows: Subject to subparagraph (C), an aggrieved individual may allege a violation of this subsection in a judicial proceeding. A court may award an aggrieved individual all appropriate relief, including equitable relief, compensatory damages, cost of the action, and remedial action. This paragraph shall not be construed to preclude an aggrieved individual from obtaining other remedies under any other provision of law or to require such individual to exhaust any administrative complaint process or notice-of-claim requirement before seeking redress under this paragraph.
For actions brought pursuant to this paragraph, the statute of limitations period shall be determined in accordance with section 1658(a) of title 28, United States Code. The tolling of any such limitations period shall be determined in accordance with section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ) in the forum State. .
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