§ 1011a. Protection of student speech and association rights
(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;
(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”—