MS SB2770

Creates a private cause of action for discriminatory harassment at public institutions of higher education, defined as unwelcome student-on-student speech that is discriminatory based on race, color, national origin, disability, religion, age, sex, or sexual orientation and is severe, pervasive, and objectively offensive enough to deny equal access to institutional resources or opportunities.

Requires institutions to take immediate action to eliminate known discriminatory harassment and address its effects; violations occur when institutions are deliberately indifferent to known acts of discriminatory harassment.

Prohibits institutions from punishing student-on-student speech that does not meet the definition of discriminatory harassment and shields institutions from liability for failing to punish non-harassing speech.

Provides that prevailing plaintiffs must receive at least $5,000 and may receive compensatory damages, court costs, and attorney fees; prevailing defendants may recover attorney fees if the action was vexatious, frivolous, or brought to harass.

Sets statute of limitations at one year after the cause of action accrues, with the limitation extending to one year after the most recent known act of discriminatory harassment involving the same parties; waives state Eleventh Amendment immunity for lawsuits under this act.