; and (F) determine, not later than 120 days after the date of receipt of a complaint, whether the private institution of higher education in question has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section or is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section. (2) Loss of eligibility (A) In general If the Secretary determines that a private institution of higher education has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section or is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, the Secretary shall notify the institution and the complainant, not more than 7 days after the date of such determination, that the institution is out of compliance with the requirements for receiving funds under this Act, including participation in any program under this title, but will be granted a grace period of 60 days to return to compliance before formally losing eligibility for receiving funds under this Act, including participation in any program under this title. (B) Specifications in notification As part of the notification under subparagraph (A), the Secretary shall specify which policies need to be disclosed and published in order for eligibility to be restored. (C) Notification of loss of eligibility (i) In general If the Secretary determines that, 60 days after being notified that the institution is out of compliance as described in subparagraph (A), the institution has failed to return to compliance by making the appropriate speech policy disclosures, the Secretary shall notify the institution and the complainant, not more than 7 days after the date of such determination— (I) that the institution will lose eligibility to receive funds under this Act, including participation in any program under this title