20 U.S.C. § 1011a — Protection of student speech and association rights

(a) Protection of rights. (1) Congress states that a full- or part-time college student should not, because of protected speech or protected association, be excluded from, denied benefits of, or subjected to discrimination or official punishment under an education program, activity, or division that directly or indirectly receives financial assistance under this chapter, whether or not the institution sponsors or officially approves it. (2) Congress also states that (A) the diversity of institutions and missions is a key strength of American higher education; (B) institutions have different missions and should design academic programs around their educational goals; (C) institutions should support free and open exchange of ideas; (D) students should not be intimidated, harassed, discouraged from speaking, or discriminated against; (E) students should be treated equally and fairly; and (F) this paragraph does not change or interfere with constitutionally protected religious liberty, freedom, expression, or association. (b) Construction. This section does not (1) discourage an institution from objectively and fairly punishing a student who willfully disrupted or tried to disrupt a lecture, class, speech, presentation, or performance held or scheduled under the institution’s authority; or (2) prevent an institution from taking suitable and effective action to enforce State liquor laws, discourage binge drinking or other alcohol abuse, protect students from sexual harassment including assault and date rape, prevent hazing, or regulate unsanitary or unsafe student housing. (c) Definitions. For this section, “official sanction” means expulsion, suspension, probation, censure, condemnation, reprimand, or any other disciplinary, coercive, or adverse action by an institution or its administrative unit. It includes an oral or written warning by an institution official acting officially. “Protected association” means joining, assembling, and living with others protected by the First and Fourteenth Amendments, or that would be protected if the institution were subject to those Amendments. “Protected speech” means speech protected by those Amendments, or that would be protected if the institution were subject to them. This section does not otherwise define these quoted terms.