Page:United States Statutes at Large Volume 112 Part 2.djvu/707

 PUBLIC LAW 105-244—OCT. 7, 1998 112 STAT. 1591 "(b) LIMITATIONS ON STATUTORY CONSTRUCTION. —Nothing in this Act shall be construed to limit the rights or responsibilities of any individual under the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973, or any other law. "SEC. 112. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 20 USC 1011a. RIGHTS. "(a) PROTECTION OF RIGHTS.— It is the sense of Congress that no student attending an institution of higher education on a fuU- 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 discrimination or official sanction under any education program, activity, or division of the institution 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) CONSTRUCTION. — -Nothing in this section shall be construed— "(1) to discourage 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; or "(2) to prevent an institution of higher education from taking appropriate and effective action to prevent violations of State liquor laws, to discourage bing[e 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 ivay student residence. "(c) DEFINITIONS. —For the purposes of this section: "(1) OFFICIAL SANCTION.— The term 'official sanction'— "(A) means expulsion, suspension, probation, censure, condemnation, reprimand, or any other disciplinary, coercive, or adverse action taken by ani 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, "(2) PROTECTED ASSOCIATION.—The term 'protected association' means the joining, assembling, and residing with others that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments. "(3) PROTECTED SPEECH. — The term 'protected speech' means speech that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments. "SEC. 113. TREATMENT OF TERRITORIES AND l^RRTTORIAL STUDENT 20 USC 1011b. ASSISTANCE. "(a) WAIVER AUTHORITY.— The Secretary' is required to waive the eligibility criteria of any postsecondary education program administered by the Department where such criteria do not take into account the unique circumstances in Guam, the United States Virgin Islands, Americam Samoa, the Commonwealth of the Northem Mariana Islands, and the Freely Associated States.

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