What This Bill Does
This bill amends the Higher Education Act of 1965 to add new protections for college students who are members of single-sex social organizations like fraternities and sororities. The bill prevents colleges that receive federal education funds from punishing students solely because they belong to these gender-exclusive groups.
Who It Affects
Students who are members or prospective members of single-sex social organizations.
College and university administrators and staff who work at institutions receiving federal education funds.
Faculty members at higher education institutions.
Key Provisions
Colleges that receive federal funds cannot force or pressure students in single-sex social organizations to give up their membership as a condition of enrollment or attendance. (Sec. 124(a)(1))
Colleges cannot take punitive action against students based only on their membership in a single-sex social organization that limits membership to one gender. (Sec. 124(a)(2))
Colleges do not have to officially recognize single-sex organizations, and can still punish students for academic misconduct, nonacademic misconduct, or if an organization poses clear harm to students or employees, as long as the punishment is not based solely on the gender-exclusive membership policy. (Sec. 124(b)(2))
Faculty members retain the right to express opinions and conduct research about single-sex organization membership without restriction. (Sec. 124(b)(3))
Colleges cannot require students to certify they are not members of single-sex organizations or to disclose their membership status. (Sec. 124(c)(1)(H))
What Changes
Colleges receiving federal funds must stop taking adverse actions against students based solely on their single-sex social organization membership. These adverse actions include expulsion, suspension, probation, denying financial aid, withholding housing access, denying employment opportunities, restricting sports or club participation, and refusing to provide recommendations.
Important Definitions
"Adverse action" means discipline, sanctions, warnings, denial of education programs, withholding financial aid or scholarships, denying housing access, refusing recommendations for employment or graduate programs, or restricting participation in student organizations and sports.
"Single-sex social organization" means a social fraternity or sorority that is tax-exempt under federal tax law, or any organization that has traditionally been single-sex with a membership made up primarily of current or former college students.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1626
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 17, 2023
Mr. GALLEGO introduced the following bill; which was referred to the
Committee on Education and the Workforce
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Collegiate Freedom
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of Association Act’’.
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SEC. 2. FREEDOM OF ASSOCIATION PROTECTIONS.
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Part B of title I of the Higher Education Act of 1965
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(20 U.S.C. 1011 et seq.) is amended by adding at the end
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the following:
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‘‘SEC. 124. FREEDOM OF ASSOCIATION PROTECTIONS.
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‘‘(a) NON-RETALIATION AGAINST STUDENTS OF SIN-
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GLE-SEX SOCIAL ORGANIZATIONS.—An institution of
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higher education that receives funds under this Act shall
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not—
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‘‘(1) take any action to require or coerce a stu-
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dent or prospective student who is a member or pro-
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spective member of a single-sex social organization
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to waive the requirements of paragraph (2), includ-
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ing as a condition of enrolling in the institution; or
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‘‘(2) take any adverse action against a student
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who is a member or a prospective member of a sin-
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gle-sex social organization based solely on the mem-
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bership practice of such organization limiting mem-
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bership to only individuals of one sex.
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‘‘(b) RULES OF CONSTRUCTION.—Nothing in this
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section shall—
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‘‘(1) require an institution of higher education
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to officially recognize a single-sex organization;
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‘‘(2) prohibit an institution of higher education
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from taking an adverse action against a student who
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joins a single-sex social organization for a reason in-
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cluding academic misconduct or nonacademic mis-
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conduct, or because the organization’s purpose poses
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a clear harm to the students or employees, so long
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as that adverse action is not based solely on the
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•HR 1626 IH
membership practice of the organization of limiting
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membership to only individuals of one sex; or
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‘‘(3) inhibit the ability of the faculty of an insti-
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tution of higher education to express an opinion (ei-
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ther individually or collectively) about membership in
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a single-sex social organization, or otherwise inhibit
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the academic freedom of such faculty to research,
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write, or publish material about membership in such
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an organization.
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‘‘(c) DEFINITIONS.—In this section:
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‘‘(1) ADVERSE ACTION.—The term ‘adverse ac-
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tion’ means any of the following actions taken by an
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institution of higher education with respect to a
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member or prospective member of a single-sex social
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organization:
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‘‘(A) Expulsion, suspension, probation,
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censure, condemnation, formal reprimand, or
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any other disciplinary action, coercive action, or
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sanction taken by an institution of higher edu-
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cation or administrative unit of such institution.
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‘‘(B) An oral or written warning with re-
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spect to an action described in subparagraph
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(A).
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‘‘(C) An action to deny participation in
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any education program or activity.
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‘‘(D) An action to withhold, in whole or in
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part, any financial assistance (including schol-
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arships and on campus employment), or deny-
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ing the opportunity to apply for financial assist-
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ance, a scholarship, a graduate fellowship, or
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on-campus employment.
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‘‘(E) An action to deny or restrict access
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to on-campus housing.
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‘‘(F) An act to deny any certification, en-
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dorsement, or letter of recommendation that
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may be required by a student’s current or fu-
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ture employer, a government agency, a licensing
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board, an institution of higher education, a
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scholarship program, or a graduate fellowship
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to which the student seeks to apply.
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‘‘(G) An action to deny participation in
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any sports team, club, or other student organi-
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zation, including a denial of any leadership po-
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sition in any sports team, club, or other student
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organization.
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‘‘(H) An action to require any student to
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certify that such student is not a member of a
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single-sex social organization or to disclose the
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student’s membership in a single-sex social or-
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ganization.
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‘‘(2) SINGLE-SEX SOCIAL ORGANIZATION.—The
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term ‘single-sex social organization’ means a social
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fraternity or sorority described in section 501(c) of
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the Internal Revenue Code of 1986 which is exempt
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from taxation under section 501(a) of such Code, or
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an organization that has been historically single-sex,
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the active membership of which consists primarily of
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students or alumni of an institution of higher edu-
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cation.’’.
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