; or (B) in the case of a private institution of higher education, adherence to the institution's written institutional policies concerning freedom of speech, association, press, religion, assembly, petition, and academic freedom. (2) Religious exemption An institution described in any of subparagraphs (A) through (F) shall not be subject to the free inquiry requirements of subsection (a)(5)(K). Such exempt institutions shall include: (A) An institution that is a school or department of divinity. (B) An institution that requires its faculty, students, or employees to be members of, or otherwise engage in religious practices of, or espouse a personal belief in, the religion of the organization by which it claims to be controlled. (C) An institution that in its charter or catalog, or other official publication, contains an explicit statement that it is controlled by a religious organization or an organ thereof, or is committed to the doctrines or practices of a particular religion, and the members of its governing body are appointed by the controlling religious organization or an organ thereof, and it receives a significant amount of financial support from the controlling religious organization or an organ thereof. (D) An institution that has a doctrinal statement or a statement of religious practices, along with a statement that members of the institution community must engage in the religious practices of, or espouse a personal belief in, the religion, its practices, or the doctrinal statement or statement of religious practices. (E) An institution that has a published institutional mission that is approved by the governing body of an educational institution and that includes, refers to, or is predicated upon religious tenets, beliefs, or teachings. (F) An institution 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