Freedom of Speech and Association on Campus Act of 1996 - Amends the Higher Education Act of 1965 (HEA) to provide that no students at higher education institutions shall, on the basis of their exercise of constitutionally-protected speech and 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 directly or indirectly receiving financial assistance under HEA, whether or not such program, activity, or division is sponsored or officially-sanctioned by the institution.
Prohibits the availability of HEA funds to any such institution that the Secretary of Education finds has violated this Act.
Makes such prohibition inapplicable to: (1) HEA funds for student assistance; and (2) higher education institutions controlled by religious or military organizations, if such speech or association is not consistent with the institutions' religious tenets or military training.
Provides that such prohibition shall not be construed to prevent imposition of an official sanction on a student determined to have 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.
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 4207 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 4207
To amend the Higher Education Act of 1965 to protect the speech and
association rights of students attending institutions of higher
education.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 1996
Mr. Livingston introduced the following bill; which was referred to the
Committee on Economic and Educational Opportunities
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to protect the speech and
association rights of students attending institutions of higher
education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom of Speech and Association on
Campus Act of 1996''.
SEC. 2. PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS.
Title XII of the Higher Education Act of 1965 (20 U.S.C. 1141 et
seq.) is amended by adding at the end the following new section:
``SEC. 1214. PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS.
``(a) Protection of Rights.--No student attending an institution of
higher education on a full- or part-time basis shall, on the basis of
protected speech and 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 directly or
indirectly receiving financial assistance under this Act, whether or
not such program, activity, or division is sponsored or officially
sanctioned by the institution.
``(b) Sanction.--
``(1) In general.--No funds shall be made available under
this Act to any institution of higher education that the
Secretary finds, after notice and opportunity for a hearing,
has violated subsection (a) of this section.
``(2) Inapplicability to student assistance.--Paragraph (1)
shall not apply to any funds that are provided under this Act
for student financial assistance.
``(c) Exception.--This section shall not apply to an institution of
higher education that is controlled by a religious or military
organization, if the speech or association is not consistent with the
religious tenets or military training of the institution.
``(d) Sanctions for Disruption Permitted.--Nothing in this section
shall be construed to prevent 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.
``(e) Definitions.--
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given in
section 1201(a).
``(2) Protected speech.--The term `protected speech' means
speech that is protected under the 1st and 14th amendments to
the United States Constitution, or would be so protected if the
institution of higher education were subjected to those
amendments.
``(3) Protected association.--The term `protected
association' means the right to join, assemble, and reside with
others that is protected under the 1st and 14th amendments to
the United States Constitution, or would be protected if the
institution of higher education were subject to those
amendments.
``(4) 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Economic and Educational Opportunities.
Referred to the Subcommittee on Postsecondary Education, Training and Life-Long Learning.
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