determination is made. (f) Retaliation prohibited (1) In general No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this section. (2) Specific circumstances (A) Exercise of first amendment rights The exercise of rights protected under the First Amendment to the Constitution of the United States does not constitute retaliation prohibited under paragraph (1). (B) Code of conduct violation for materially false statement Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this section does not constitute retaliation prohibited under paragraph (1). A determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith. (g) Judicial review A public institution of higher education participating in a program under this title may seek judicial review of an agency action under this section in accordance with chapter 7 of title 5, United States Code. 494B. Campus speech policies at private universities (a) In general Each private institution of higher education eligible to receive funds under this Act, including any program under this title, shall— (1) post in one place on the website of the institution all policies that pertain to the protection and regulation of the expressive rights of students, including the right to submit a complaint under this section, within 2 clicks of the homepage, without a paywall, email login, or other restriction to access