with respect to which there is other evidence sufficient to establish that the institution is controlled by a religious organization, pursuant to section 901(a)(3) of the Education Amendments of 1972 ( 20 U.S.C. 1681(a)(3) ). . 3. Civil action An institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), and including both public and private institutions as so defined) that is subject to a denial, withdrawal, or termination of accreditation as a result of an accrediting agency or association's violation of the prohibition established in paragraph (9) of section 496(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(a) ), as added by section 2 of this Act, may pursue a civil action in accordance with subsections (e) and (f) of such section 496.