Sec. 5. Whistleblower protections for persons associated with institutions of higher education
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Title I of the Higher Education Act of 1965 is amended by inserting after section 123 ( 20 U.S.C. 1011l ) the following new section: An institution of higher education participating in programs under title IV (in this section referred to as an institution ) may not discharge, demote, or otherwise discriminate against any person as retaliation for— such person disclosing to an individual or entity described in paragraph
(2)information such person reasonably believes evidences a violation of any law, rule, or regulation by the institution; or assisting a person disclosing such information or providing information or documents for use in disclosing such information. The individuals and entities described in this paragraph are: A Member of Congress or a representative of a committee of Congress. An Executive agency (as defined in section 105 of title 5, United States Code). The Government Accountability Office. A law enforcement agency. A court or grand jury. A management official or other employee of an institution who has the responsibility to investigate, discover, or address misconduct. A person who believes that they have been subjected to a retaliation prohibited by subsection
(a)may submit a complaint to the Inspector General of the Department of Education (in this section referred to as the Inspector General ). Unless the Inspector General determines that the complaint is frivolous, fails to allege a violation of subsection (a), or has previously been addressed in another Federal or State judicial or administrative proceeding initiated by the complainant, the Inspector General shall investigate the complaint and, upon completion of such investigation, submit a report of the findings of the investigation to the complainant, the institution concerned, and the Secretary. Except as provided under subparagraph (B), the Inspector General shall make a determination that a complaint is frivolous, fails to allege a violation of subsection (a), or has previously been addressed in another Federal or State judicial or administrative proceeding initiated by the complainant or submit a report under paragraph
(1)not later than 180 days after receiving the complaint. If the Inspector General is unable to complete an investigation in time to submit a report within the 180-day period specified in subparagraph
(A)and the complainant agrees to an extension of time, the Inspector General shall submit a report under paragraph
(1)within such additional period of time, up to 180 days, as shall be agreed upon between the Inspector General and the complainant. The Inspector General may not respond to any inquiry or disclose any information from or about any person alleging retaliation, except to the extent that such response or disclosure is— made with the consent of the person alleging the retaliation; made in accordance with the provisions of section 552a of title 5, United States Code, or as required by any other applicable Federal law; or necessary to conduct an investigation of the alleged retaliation. A complaint may not be brought under this subsection more than three years after the date on which the alleged retaliation took place. Not later than 30 days after receiving an Inspector General report pursuant to subsection (b), the Secretary shall determine whether there is sufficient basis to conclude that the institution has violated subsection
(a)and shall either issue an order denying relief or shall take one or more of the following actions: Order the institution to take action to abate the retaliation. Order the institution to reinstate the complainant to the position that the complainant held before the retaliation, together with compensatory damages (including back pay) and any other benefits, terms, or conditions that would apply to the complainant in that position if the retaliation had not occurred. Order the institution to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys’ fees and expert witness fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the retaliation, as determined by the Secretary. If the Secretary issues an order denying relief under paragraph
(1)or has not issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an extension of time under subsection (b)(2)(B), not later than 30 days after the expiration of the extension of time, and there is no showing that such delay is due to the bad faith of the complainant, the complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law or equity against the institution to seek compensatory damages and other relief available under this section in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. Such an action shall, at the request of either party to the action, be tried by the court with a jury. An action under this paragraph may not be brought more than two years after the date on which remedies are deemed to have been exhausted. The Inspector General determination and order of the Secretary denying relief under paragraph
(2)shall be admissible in evidence in any de novo action at law or equity brought pursuant to this subsection. Whenever a person fails to comply with an order issued under paragraph (1), the Secretary shall file an action for enforcement of such order in the United States district court for a district in which the retaliation was found to have occurred. In any action brought under this paragraph, the court may grant appropriate relief, including injunctive relief, compensatory and exemplary damages, and attorneys’ fees and costs. The person upon whose behalf an order was issued may also file such an action or join in an action filed by the Secretary. Any person adversely affected or aggrieved by an order issued under paragraph
(1)may obtain review of the order’s conformance with this subsection, and any regulations issued to carry out this section, in the United States court of appeals for a circuit in which the retaliation is alleged in the order to have occurred. No petition seeking such review may be filed more than 60 days after issuance of the order by the head of the executive agency. Such review shall conform to chapter 7 of title 5, United States Code. Filing such an appeal shall not act to stay the enforcement of the order of the Secretary, unless a stay is specifically entered by the court. The legal burdens of proof specified in section 1221(e) of title 5, United States Code, shall be controlling for the purposes of any investigation conducted by the Inspector General, decision by the Secretary, or judicial or administrative proceeding to determine whether discrimination prohibited under this section has occurred. The rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment. The Secretary shall ensure that each institution informs the employees, students, and contractors of the institution in writing of the rights and remedies provided under this section. Nothing in this section may be construed to authorize the discharge of, demotion of, or discrimination against a person for a disclosure other than a disclosure protected by subsection
(a)or to modify or derogate from a right or remedy otherwise available such person. . Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following new paragraph: The institution will comply with the requirements of section 124. .
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Sec. 5
Whistleblower protections for persons associated with institutions of higher education
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