Today's Law As Amended


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AB-2581 Postsecondary education: student conduct.(2005-2006)



As Amends the Law Today


SECTION 1.

 Section 66301 of the Education Code is amended to read:

66301.
 (a) Neither the Regents of the University of California, the Trustees of the California State University, the governing board of a any  community college district, nor an any  administrator of any campus of those institutions, shall make or enforce a any  rule subjecting a any  student to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus of those institutions, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I 1  of the California Constitution.
(b) A Any  student enrolled in an institution, as specified in subdivision (a), at the time that the institution  that  has made or enforced a any  rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon a motion, a court may award attorney’s fees to a prevailing plaintiff in a civil action pursuant to this section.
(c) This section does not authorize a Nothing in this section shall be construed to authorize any  prior restraint of student speech or the student press.
(d) This section does not prohibit Nothing in this section prohibits  the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected.
(e) This section does not prohibit Nothing in this section prohibits  an institution from adopting rules and regulations that are designed to prevent hate violence, as defined in subdivision (a) of Section 4 of Chapter 1363 of the Statutes of 1992, from being directed at students in a manner that denies them their full participation in the educational process, if the rules and regulations conform to standards established by the First Amendment to the United States Constitution and Section 2 of Article I 1  of the California Constitution for citizens generally.
(f) An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or Section 2 of Article I of the California Constitution.