Amendment to the Higher Education Act of 1965

Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: 124. Sanctions for noncompliance with title VI (a) Definition of institution of higher education In this section, the term institution of higher education has the meaning given the term in section 102. (b) Sanctions for certain violations (1) Sanctions (A) In general Notwithstanding section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–1), an institution of higher education that receives Federal financial assistance under this Act and is found, by the Office for Civil Rights of the Department, to be in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) with respect to antisemitic discrimination in a program or activity as described in subparagraph (B) or (C) shall be subject to the sanction provided in subparagraph (B) or (C), after the Secretary— (i) notifies the institution of such finding; and (ii) provides the institution with an opportunity for a hearing. (B) Two violations In the case of a particular program of an institution that violates title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) with respect to antisemitic discrimination for a second time within the 5-year period preceding the date of the second violation, the Secretary shall impose a fine on the institution in an amount that is not less than 10 percent of the Federal financial assistance received under this Act by the particular program of the institution in which the violation was found during the year of the second violation (regardless of how long the institution remains in violation) and any subsequent year during which the institution remains in violation for not less than 90 days. (C) Three violations In the case of a particular program of an institution that violates title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) with respect to antisemitic discrimination for a third time within the 5-year period preceding the date of the third violation, the Secretary shall impose a fine on the institution in an amount that is not less than 33 percent of the Federal financial assistance received under this Act by the particular program of the institution in which the violation was found during the year of the third violation (regardless of how long the institution remains in violation) and any subsequent year during which the institution remains in violation for not less than 90 days. (2) Waiver For purposes of imposing sanctions under paragraph (1), the Secretary may treat violations described in paragraph (1) as a single violation if the violations— (A) are in relation to discrimination that was conducted by a person other than the institution or its faculty or staff; and (B) occurred within a span of not more than 24 hours. (c) Monitoring The Secretary shall monitor private lawsuits brought against institutions of higher education that receive Federal financial assistance under this Act for a violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) with respect to antisemitic discrimination to independently evaluate whether the institution violated title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) with respect to antisemitic discrimination. (d) Notification to students, faculty, and staff An institution of higher education that receives Federal financial assistance under this Act and is found to be in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) with respect to antisemitic discrimination shall provide a notification of such finding to all enrolled students, faculty, and staff of the institution. (e) Report The Secretary shall submit a full written report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives with respect to each action to impose a fine under subsection (b) that includes the circumstances and grounds for such action..