Collegiate Freedom of Association Act
This bill addresses freedom of association protections for college students in single-sex social organizations.
Specifically, the bill prohibits institutions of higher education that participate in federal student-aid programs from
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6978 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6978
To amend the Higher Education Act of 1965 to provide for certain
freedom of association protections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2022
Mr. Gallego (for himself and Mrs. Murphy of Florida) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to provide for certain
freedom of association protections, and for other purposes.
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 ``Collegiate Freedom of Association
Act''.
SEC. 2. FREEDOM OF ASSOCIATION PROTECTIONS.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. FREEDOM OF ASSOCIATION PROTECTIONS.
``(a) Non-Retaliation Against Students of Single-Sex Social
Organizations.--An institution of higher education that receives funds
under this Act shall not--
``(1) take any action to require or coerce a student or
prospective student who is a member or prospective member of a
single-sex social organization to waive the requirements of
paragraph (2), including as a condition of enrolling in the
institution; or
``(2) take any adverse action against a student who is a
member or a prospective member of a single-sex social
organization based solely on the membership practice of such
organization limiting membership to only individuals of one
sex.
``(b) Rules of Construction.--Nothing in this section shall--
``(1) require an institution of higher education to
officially recognize a single-sex organization;
``(2) prohibit an institution of higher education from
taking an adverse action against a student who joins a single-
sex social organization for a reason including academic
misconduct or nonacademic misconduct, or because the
organization's purpose poses a clear harm to the students or
employees, so long as that adverse action is not based solely
on the membership practice of the organization of limiting
membership to only individuals of one sex; or
``(3) inhibit the ability of the faculty of an institution
of higher education to express an opinion (either individually
or collectively) about membership in a single-sex social
organization, or otherwise inhibit the academic freedom of such
faculty to research, write, or publish material about
membership in such an organization.
``(c) Definitions.--In this section:
``(1) Adverse action.--The term `adverse action' means any
of the following actions taken by an institution of higher
education with respect to a member or prospective member of a
single-sex social organization:
``(A) Expulsion, suspension, probation, censure,
condemnation, formal reprimand, or any other
disciplinary action, coercive action, or sanction taken
by an institution of higher education or administrative
unit of such institution.
``(B) An oral or written warning with respect to an
action described in subparagraph (A).
``(C) An action to deny participation in any
education program or activity.
``(D) An action to withhold, in whole or in part,
any financial assistance (including scholarships and on
campus employment), or denying the opportunity to apply
for financial assistance, a scholarship, a graduate
fellowship, or on-campus employment.
``(E) An action to deny or restrict access to on-
campus housing.
``(F) An act to deny any certification,
endorsement, or letter of recommendation that may be
required by a student's current or future employer, a
government agency, a licensing board, an institution of
higher education, a scholarship program, or a graduate
fellowship to which the student seeks to apply.
``(G) An action to deny participation in any sports
team, club, or other student organization, including a
denial of any leadership position in any sports team,
club, or other student organization.
``(H) An action to require any student to certify
that such student is not a member of a single-sex
social organization or to disclose the student's
membership in a single-sex social organization.
``(2) Single-sex social organization.--The term `single-sex
social organization' means a social fraternity or sorority
described in section 501(c) of the Internal Revenue Code of
1986 which is exempt from taxation under section 501(a) of such
Code, or an organization that has been historically single-sex,
the active membership of which consists primarily of students
or alumni of an institution of higher education.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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