20 U.S.C. § 1011 — Antidiscrimination

Page 206 TITLE 20—EDUCATION § 1011 PART B—ADDITIONAL GENERAL PROVISIONS § 1011. Antidiscrimination (a) In general Institutions of higher education receiving Fed- eral financial assistance may not use such finan- cial assistance, directly or indirectly, to under- take any study or project or fulfill the terms of any contract containing an express or implied provision that any person or persons of a par- ticular race, religion, sex, or national origin be barred from performing such study, project, or contract, except that nothing in this subsection shall be construed to prohibit an institution from conducting objective studies or projects concerning the nature, effects, or prevention of discrimination, or to have the institution’s cur- riculum restricted on the subject of discrimina- tion. (b) Limitations on statutory construction Nothing in this chapter shall be construed to limit the rights or responsibilities of any indi- vidual under the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], the Rehabili- tation Act of 1973 [29 U.S.C. 701 et seq.], or any other law. (Pub. L. 89–329, title I, § 111, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1590; amended Pub. L. 111–39, title I, § 101(b)(2), July 1, 2009, 123 Stat. 1935.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in subsec. (b), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Rehabilitation Act of 1973, referred to in subsec. (b), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 1142 of this title prior to repeal by Pub. L. 105–244. A prior section 1011, Pub. L. 89–329, title I, § 121, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 461, stated congressional findings and purposes of articulation agreements grant program, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1011, Pub. L. 89–329, title I, § 111, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1279, related to institutional development, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 1011, Pub. L. 89–329, title I, § 111, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1377, stated Congressional findings with respect to education outreach programs, prior to the general amendment of this subchapter by Pub. L. 99–498. Another prior section 1011, Pub. L. 89–329, title I, § 114, formerly § 111, Nov. 8, 1965, 79 Stat. 1224, renumbered § 112 and amended Pub. L. 92–318, title I, §§ 102(a)(1), 131(d)(2)(A), June 23, 1972, 86 Stat. 236, 260, renumbered § 113, Pub. L. 93–29, title VIII, § 803, May 3, 1973, 87 Stat. 59, renumbered § 114, Pub. L. 94–482, title I, § 101(e), Oct. 12, 1976, 90 Stat. 2085, prohibited the giving of grants for programs relating to sectarian instruction or worship, prior to the general amendment of this subchapter by Pub. L. 96–374. AMENDMENTS 2009—Subsec. (b). Pub. L. 111–39 substituted ‘‘with’’ for ‘‘With’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. § 1011a. Protection of student speech and asso- ciation rights (a) Protection of rights (1) It is the sense of Congress that no student attending an institution of higher education on a full- or part-time basis should, on the basis of participation in protected speech or protected association, be excluded from participation in, be denied the benefits of, or be subjected to dis- crimination or official sanction under any edu- cation program, activity, or division of the in- stitution directly or indirectly receiving finan- cial assistance under this chapter, whether or not such program, activity, or division is spon- sored or officially sanctioned by the institution. (2) It is the sense of Congress that— (A) the diversity of institutions and edu- cational missions is one of the key strengths of American higher education; (B) individual institutions of higher edu- cation have different missions and each insti- tution should design its academic program in accordance with its educational goals; (C) an institution of higher education should facilitate the free and open exchange of ideas; (D) students should not be intimidated, har- assed, discouraged from speaking out, or dis- criminated against; (E) students should be treated equally and fairly; and (F) nothing in this paragraph shall be con- strued to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association. (b) Construction Nothing in this section shall be construed— (1) to discourage the imposition of an official sanction on a student that has willfully par- ticipated in the disruption or attempted dis- ruption of a lecture, class, speech, presen- tation, or performance made or scheduled to be made under the auspices of the institution of higher education, provided that the imposi- tion of such sanction is done objectively and fairly; or (2) to prevent an institution of higher edu- cation from taking appropriate and effective action to prevent violations of State liquor laws, to discourage binge drinking and other alcohol abuse, to protect students from sexual harassment including assault and date rape, to prevent hazing, or to regulate unsanitary or unsafe conditions in any student residence.