; and (II) how the adverse action does not fail to respect the religious mission of the institution and is in compliance with subsection (a)(4)(B). (ii) Burden of proof (I) In general The accrediting agency or association shall bear the burden of proving that the agency or association has not taken the adverse action as a result of the institution’s religious mission, and that the action does not fail to respect the institution’s religious mission in violation of subsection (a)(4)(B), by showing that the adverse action does not impact the aspect of the religious mission claimed to be affected in the complaint. (II) Insufficient proof Any evidence that the adverse action results from the application of a neutral and generally applicable rule shall be insufficient to prove that the action does not fail to respect an institution’s religious mission. (D) Additional institution response The institution shall have 30 days from the date on which the agency or association’s response is filed with the Secretary to— (i) file with the Secretary (and provide a copy to the agency or association) a response to any issues raised in the response of the agency or association; or (ii) inform the Secretary and the agency or association that the institution elects to waive the right to respond to the response of the agency or association. (E) Secretarial action (i) In general Not later than 30 days of receipt of the institution’s response under subparagraph (D) or notification that the institution elects not to file a response under such subparagraph— (I) the Secretary shall review the materials to determine if the accrediting agency or association has met its burden of proof under subparagraph (C)(ii)(I); or (II) in a case in which the Secretary fails to conduct such review— (aa) the Secretary shall be deemed as determining that the adverse action fails to respect the religious mission of the institution