Current Legal Developments

The purpose of this site is to highlight current legal developments that significantly affect the California State University or higher education.

• FEDERAL COURT RULES CSU NON-DISCRIMINATION POLICY CONSTITUTIONAL
  In 2005, four Christian student groups, that restrict their members and officers to particular beliefs, were denied official recognition by the Long Beach and San Diego campuses. On February 6, 2009, the federal court ruled constitutional CSU's policy that requires student groups seeking recognition to certify that they do not discriminate, and granted CSU summary judgment. The Court found no violation of the First Amendment, stating:
  
  

  "CSU may restrict access to its recognized student organization forum so long as the restrictions are viewpoint-neutral and reasonable in light of the purposes served. . . . CSU's nondiscrimination policy burdens Plaintiffs' expressive activity, if at all, only incidentally, while at the same time furthering a legitimate interest in providing all students with the opportunity to participate in the full range of student activities supported by the university. . . . [CSU does] not require Plaintiffs to admit as members persons they would prefer to exclude, but only requires Plaintiffs to open their membership to all students if they want the university's imprimatur and the benefits of recognition."

  Plaintiffs have appealed the ruling in favor of CSU to the Ninth Circuit Court of Appeals. That court recently ruled a similar University of California non-discrimination policy was legal.
  
  
• SUPREME COURT TO HEAR CASE CHALLENGING IN-STATE TUITION
  On December 23, 2008, the California Supreme Court agreed to decide Martinez v. Regents, et al., the case that challenges the legality of AB 540 (now Education Code section 68130.5). AB 540 allows students, including undocumented immigrants, who have attended California high school for at least three years, to pay in-state tuition at the California State University, the University of California and the California Community Colleges. A decision is expected by the end of 2009.

• NACUANOTES - FERPA AND CAMPUS SAFETY – June 19, 2009
• NACUANOTES - WHOSE ROOM IS IT ANYWAY? LAWFUL ENTRY AND SEARCH OF STUDENT DORMITORY ROOMS – January 21, 2009
• NACUANOTES - LIABILITY FOR SEXUAL ASSAULT BY COLLEGE ATHLETES UNDER TITLE IX – November 7, 2008

The following items have been moved into Archives because they were issued some time ago. While most of the information is likely still current, please check with your University Counsel before relying on any advice from these items.


• NACUANOTES: "Preparing for E-Discovery" - February 22, 2008
• Safe Schools and FERPA - October 30, 2007
• NACUANOTES: “FERPA and Campus Safety” - August 6, 2007
• NACUANOTES: OFCCP “Internet Applicant” Data Collection and Recordkeeping Rule - February 6, 2007
• ACE: Revised White Paper on Copyright and Potential Student Liability for P2P File Sharing on University Networks (.pdf)
  - November 8, 2006
• NACUANOTES: The Constutionality and Current Status of the Solomon Amendment - August 31, 2006
• NACUANOTES: Student Criminal Background Checks
  - March 10, 2006
• NACUANOTES: Changes to the Alien Worker Labor Certification Process - March 24, 2005
• NACUANOTES: Copyright, Peer-to-Peer File Sharing and DMCA Subpoenas - November 6, 2003