This bill would add a new section to the Higher Education Act of 1965 called "Freedom of Association Protections for Students in Social Organizations." It says students can form or apply to join any recognized or unrecognized social organization, including single-sex social organizations. If a student is selected for membership, the student may join and take part.
The bill bars colleges and universities that receive funds under the Higher Education Act (including Title IV programs) from taking adverse actions against a single-sex social organization or a student who is (or seeks to be) a member, when the action is based only on the group limiting membership to one sex. It also prohibits forcing a student to waive these protections as a condition of enrollment. The bill limits recruitment restrictions on single-sex groups unless the school and the organization enter a mutually agreed written deal.
The bill lists many types of "adverse action," such as disciplinary sanctions, warnings from officials, denial of participation in programs, withholding financial assistance or on-campus jobs, denying or restricting campus housing, withdrawing official recognition, denying certifications or recommendations, and forcing students to disclose membership. It defines "single-sex social organization" to include fraternities, sororities, historically single-sex groups tied to campuses, and single-sex private social clubs made up mainly of students or alumni.
The bill also says an institution is not required to officially recognize a group. It allows schools to take action for academic or nonacademic misconduct or when an organization’s purpose poses a clear harm, so long as the action is not based solely on the group's single-sex membership practice. The bill does not stop a social organization from setting its own membership rules, protects faculty academic freedom to speak or write about such groups, and says it does not create enforceable rights against a social organization or a school based on a social organization's membership decision.
No publicly available information.
The bill states its purposes are to protect students and single-sex social organizations from adverse actions by institutions based solely on limiting membership to one sex; to ensure those students and organizations are treated without bias compared to other students and organizations; and to protect students' rights to freely associate and participate in social organizations.
No publicly available information.