§ 1011a. Protection of student speech and association rights
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/usc/title-20/section-1011aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 The term “official sanction”—
(A)means expulsion, suspension, probation, censure, condemnation, reprimand, or any other disciplinary, coercive, or adverse action taken by an institution of higher education or administrative unit of the institution; and
(B)includes an oral or written warning made by an official of an institution of higher education acting in the official capacity of the official.
(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.
(Pub. L. 89–329, title I, § 112, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1591; amended Pub. L. 110–315, title I, § 104, Aug. 14, 2008, 122 Stat. 3090.)
Connections28 cite this
Cited by 28 sections · top 14
statutes-at-large
- Public Law 110–315To amend and extend the Higher Education Act of 1965, and for other purposes
- Public Law 102–325To reauthorize the Higher Education Act of 1965, and for other purposes
- Public Law 105–244To extend the authorization of programs under the Higher Education Act of 1965, and for other purposes
statute-compilations
bill
- Sec. 111Free speech protections
- Sec. 2Protection of student speech and association rights
- Sec. 2Protection of student speech and association rights
- Sec. 2Protection of student speech and association rights
- Sec. 2Protection of student speech and association rights
- Sec. 10Campus Free Speech Restoration
- Sec. 2Protection of student speech and association rights
- Sec. 2Protection of student speech and association rights
11 references not yet in our index
- Pub. L. 89–329, title I, § 112
- Pub. L. 105–244, title I, § 101(a)
- 112 Stat. 1591
- Pub. L. 110–315, title I, § 104
- 122 Stat. 3090
- Pub. L. 89–329, title I, § 122
- Pub. L. 102–325, title I, § 101
- 106 Stat. 462
- Pub. L. 105–244
- Pub. L. 110–315, § 104(1)
- Pub. L. 110–315, § 104(2)
Citation graph
cites case law
§ 1011a
Protection of student speech and association rights
Fed. Reg.×16
Bills×8
Stat.×3
Stat. Comp.×1
Pub. L.Pub. L. 89–329, title I, § 112
Pub. L.Pub. L. 105–244, title I, § 101(a)
Stat.112 Stat. 1591
Pub. L.Pub. L. 110–315, title I, § 104
Stat.122 Stat. 3090
Cites 11 · showing 5Cited by 28 across 4 sources