,,ii #aahth ,,congress #b;d ,session ,s4 #dajf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjbd,ms4 ,ernst 7for herself1 ,mr4 ,grassley1 ,mr4 ,budd1 ,mrs4 ,blackburn1 ,mr4 ,tillis1 ,mr4 ,braun1 and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to affirm and protect the ,first ,amendment rights of students and student organizations at public institutions of higher education4 #a4 ,short title ,this ,act may be cited as the ,students ,bill of ,rights ,act of #bjbd 4 #b4 ,students ,bill of ,rights ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended by inserting after section #aab the following new section3 #aab;,a4 ,students ,bill of ,rights to further protect speech and association 7a7 ,protected rights ,a covered public institution that receives funds under this ,act1 including through participation in a program authorized under title ,,iv1 shall comply with the following requirements3 7#a7 ,recognized student organizations ,a covered public institution that has recognized student organizations shall comply with the following requirements3 7,a7 ,faculty advisors ,a covered public institution may not deny recognition to a student organization solely because the organization is unable to obtain a faculty advisor or sponsor1 provided that the organization meets each of the other institutional requirements for such recognition4 ,the institution shall ensure that any policy or practice related to the recognition of a student organization-- 7i7 does not require a faculty or staff member of the institution to serve as faculty advisor or to otherwise participate in1 support1 or sponsor the organization2 or 7ii7 if the institution does have a requirement that a faculty or staff member serve as described in clause 7i7 as a condition for recognition of the student organization1 and an organization that meets each of the other institutional requirements for such recognition is unable to secure such a faculty or staff member1 provides for an alternative to such requirement1 which may include waiver of such requirement or the institution assigning a faculty or staff member to such organization4 7,b7 ,affiliation ,a covered public institution may not deny recognition to a student organization solely because of the organization's affiliation with1 or status as a chapter of1 a national or other organization4 7,c7 ,appeal options for recognition ,a covered public institution shall provide an appeals process by which a student organization that has been denied recognition by the institution may appeal to an institutional appellate entity for reconsideration4 ,the institution shall ensure that such appellate entity did not participate in any prior proceeding related to the denial of recognition to such organization4 7#b7 ,distribution of funds to student organizations ,a covered public institution that collects a mandatory fee from students for the costs of student activities and events and provides funds generated from such student fees to one or more recognized student organizations of the institution shall-- 7,a7 establish and make publicly available clear1 objective1 content- and viewpoint-neutral1 and exhaustive standards to be used by the institution to determine-- 7i7 the total amount of funds made available for allocations to the recognized student organizations2 and 7ii7 the allocations of such total amount to individual recognized student organizations2 7,b7 ensure that allocations are made to the recognized student organizations in accordance with the standards established pursuant to subparagraph 7,a72 7,c7 upon the request of a recognized student organization that has been denied all or a portion of an allocation described in subparagraph 7,b71 provide to the organization1 in writing 7which may include electronic communication7 and in a timely manner1 the specific reasons for such denial and information of the appeals process described in subparagraph 7,d72 7,d7 provide an appeals process by which a recognized student organization that has been denied all or a portion of an allocation described in subparagraph 7,b7 may appeal to an institutional appellate entity for reconsideration1 and the institution shall ensure that such appellate entity did not participate in any prior proceeding related to such allocation2 and 7,e7 have in place policies and procedures to disqualify an individual or entity from participating in a determination described in subparagraph 7,a7 or 7,b71 or an appeal described in subparagraph 7,d71 if such individual or entity has failed to apply the standards for determinations established by the institution pursuant to this paragraph4 7#c7 ,assessment of security fees for events ,a covered public institution shall establish and make publicly available clear1 objective1 content- and viewpoint-neutral1 and exhaustive standards to be used by the institution to-- 7,a7 determine the amount of any security fee for an event or activity organized by a student or student organization2 and 7,b7 ensure that a determination of such an amount may not be based1 in whole or in part1 on-- 7i7 the content of expression or viewpoint of the student or student organization2 7ii7 the purpose or content of expression of the event or activity organized by the student or student organization2 7iii7 the content of expression or viewpoint of an invited guest of the student or student organization2 or 7iv7 an anticipated reaction by students or the public to the event or activity due to the purpose1 content of expression1 or viewpoint expressed at the event or activity by the student1 student organization1 or an invited guest4 7#d7 ,protections for invited guests and speakers ,a covered public institution shall establish and make publicly available clear1 objective1 content- and viewpoint-neutral1 and exhaustive standards to be used by the institution related to the safety and protection of speakers and guests who are invited to the institution by a student or student organization4 7b7 ,enforcement 7#a7 ,cause of action 7,a7 ,civil action ,whoever is harmed by a covered public institution by the maintenance of a policy or practice of the institution that is in violation of a requirement described in subsection 7a7 may bring a civil action in a ,federal court for appropriate relief4 7,b7 ,appropriate relief ,for the purposes of this paragraph1 appropriate relief includes-- 7i7 a temporary or permanent injunction2 and 7ii7 awarding a prevailing plaintiff-- 7,i7 compensatory damages2 7,,ii7 reasonable court costs2 and 7,,iii7 reasonable attorney fees4 7,c7 ,statute of limitations ,a civil action under this paragraph may not be commenced later than #b years after the cause of action accrues4 7#b7 ,in general ,in the case of a court's non-default1 final judgment in a civil action brought under paragraph 7#a7 that a covered public institution is in violation of a requirement described in subsection 7a71 such covered public institution shall-- 7,a7 not later than #g days after the date on which the court makes such a non-default1 final judgment1 notify the ,secretary of such judgment and submit to the ,secretary a copy of the non-default1 final judgment2 and 7,b7 not later than #cj days after the date on which the court makes such a non-default1 final judgment1 submit to the ,secretary a report that-- 7i7 certifies that the standard1 policy1 practice1 or procedure that is in violation of the requirement described in subsection 7a7 is no longer in use2 and 7ii7 provides evidence to support such certification4 7#c7 ,revocation of eligibility ,in the case of a covered public institution that does not notify the ,secretary as required under paragraph 7#b77;,a7 or submit the report required under paragraph 7#b77;,b71 the ,secretary shall revoke the eligibility of such institution to receive funds under this ,act1 including through participation in a program authorized under title ,,iv1 for each award year following the conclusion of the award year in which a court made a non-default1 final judgment in a civil action brought under paragraph 7#a7 that the institution is in violation of a requirement described in subsection 7a74 7#d7 ,restoration of eligibility 7,a7 ,in general ,a covered public institution that loses eligibility under paragraph 7#c7 to receive funds under this ,act may seek to restore such eligibility by submitting to the ,secretary the report described in paragraph 7#b77;,b74 7,b7 ,determination by the ,secretary ,not later than #ij days after a covered public institution submits a report under subparagraph 7,a71 the ,secretary shall review such report and make a determination with respect to whether such report contained sufficient evidence to demonstrate that such institution is no longer in violation of a requirement described in subsection 7a74 7,c7 ,restoration ,if the ,secretary makes a determination under subparagraph 7,b7 that the covered public institution is no longer in violation of a requirement described in subsection 7a71 the ,secretary shall restore the eligibility of such institution to receive funds under this ,act1 including through participation in a program authorized under title ,,iv1 for each award year following the conclusion of the award year in which such determination is made4 7c7 ,rule of construction ,nothing in this section shall be construed to infringe upon or otherwise impact the protections of an institution of higher education under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 and title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 7d7 ,report to ,congress ,not later than #a year after the date of the enactment of the ,students ,bill of ,rights ,act of #bjbd and on an annual basis thereafter1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report that includes-- 7#a7 a compilation of-- 7,a7 the notifications of violation received by the ,secretary under subsection 7b77#b77;,a7 in the year for which such report is being submitted2 and 7,b7 the reports submitted to the ,secretary under subsection 7b77#b77;,b7 for such year2 and 7#b7 any action taken by the ,secretary revoke or restore eligibility under paragraphs 7#c7 and 7#d7 of subsection 7b7 for such year4 7e7 ,definitions ,in this section3 7#a7 ,covered public institution ,the term covered public institution means an institution of higher education1 as defined in section #aja1 that is a public institution4 7#b7 ,content- and viewpoint-neutral ,the term content- and viewpoint-neutral1 when used with respect to a policy1 practice1 determination1 fee assessment1 or allocation applied to a student organization1 means a policy1 practice1 determination1 fee assessment1 or allocation that does not take into consideration any purpose of1 or viewpoints held or expressed by1 such organization4 7#c7 ,non-default1 final judgment ,the term non-default1 final judgment means a final judgment by a court for a civil action brought under subsection 7b7 that a covered public institution is in violation of a requirement described in subsection 7a7 that the covered public institution chooses not to appeal or that is not subject to further appeal4 7#d7 ,recognized student organization ,the term recognized student organization means a student organization that has been determined by a covered public institution to meet institutional requirements to qualify for certain privileges granted by the institution1 such as use of institutional venues1 resources1 and funding4 7#e7 ,security fee ,the term security fee means a fee charged to a student or student organization for an event or activity organized by the student or student organization on the campus of the institution that is intended to cover the costs incurred by the institution for additional security measures needed to ensure the security of the institution1 students1 faculty1 staff1 or surrounding community as a result of such event or activity4 4 #c4 ,program ,participation ,agreement ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,in the case of an institution that is a covered public institution under section #aab;,a1 the institution will comply with the requirements of such section4 4