2005 California Education Code Sections 66300-66301 CHAPTER 5. RULES OF STUDENT CONDUCT

EDUCATION CODE
SECTION 66300-66301

66300.  The Regents of the University of California, the Trustees of
the California State University, and the governing board of every
community college district, shall adopt or provide for the adoption
of specific rules and regulations governing student behavior along
with applicable penalties for violation of the rules and regulations.
  The institutions shall adopt procedures by which all students are
informed of such rules and regulations, with applicable penalties,
and any revisions thereof.
66301.  (a) Neither the Regents of the University of California, the
Trustees of the California State University, nor the governing board
of any community college district shall make or enforce any rule
subjecting 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 1 of the California
Constitution.
   (b) Any student enrolled in an institution, as specified in
subdivision (a), that has made or enforced 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
motion, a court may award attorney's fees to a prevailing plaintiff
in a civil action pursuant to this section.
   (c) Nothing in this section shall be construed to authorize any
prior restraint of student speech.
   (d) Nothing in this section prohibits the imposition of discipline
for harassment, threats, or intimidation, unless constitutionally
protected.
   (e) 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, so
long as the rules and regulations conform to standards established by
the First Amendment to the United States Constitution and Section 2
of Article 1 of the California Constitution for citizens generally.


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