• Thursday, February 16, 2012
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Federal Court Strikes Down University's Civility Policy as Basis for Discipline

California State University cannot use its civility policy to investigate or discipline students, a federal magistrate ruled last week.

The case stemmed from an incident in which members of the College Republicans at San Francisco State University stomped on flags representing Hamas and Hezbollah during an anti-terrorism rally in October 2006. Later, another student complained to the university that the Republican group had committed “actions of incivility,” thereby violating San Francisco State’s policy manual.

The university investigated, and while nobody got in trouble, the College Republicans sued, hoping to ensure that the university could not use the civility code to discipline students in the future. The university’s lawyers contended the policy was a goal — not a rule.

But, just in case, the federal magistrate judge, Wayne D. Brazil, said he would issue a preliminary injunction barring the university from invoking the policy in a disciplinary hearing, according to today’s San Francisco Chronicle. —Eric Hoover