CROSBY v. SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
Administrators at Saddleback College placed a temporary hold on plaintiff Patrick Crosbys student records pending an interview with an administration official regarding two incidents that occurred in Saddleback Colleges library. In the first incident, campus police detained plaintiff for viewing MySpace member profiles on a library computer. The second involved an argument between plaintiff and a librarian concerning the latters request to turn down the volume of music plaintiff was listening to while wearing headphones. Although administrators released the hold on plaintiffs records after he met with them, plaintiff sued defendant South Orange County Community College District (District). He alleged its policy restricting a students use of the schools Internet system to appropriate academic, professional and institutional purposes violated Education Code section 66301,[1]which prohibits a state college from disciplining a student for on-campus conduct that the First Amendment free speech clause would protect if the conduct occurred off-campus. The trial court granted summary adjudication for the student, holding that the Districts Internet use policy was overbroad on its face and violated section 66301. After plaintiff dismissed his remaining cause of action, the court entered judgment requiring the District to amend its policy. Court conclude the trial courts judgment sufficiently addressed the asserted conflict between the Districts policy and section 66301. We also conclude the trial court did not abuse its discretion in denying plaintiffs efforts to amend the complaint because plaintiff did not act diligently in seeking leave. Moreover, plaintiff has failed to demonstrate the trial court abused its discretion in failing to compel the production of documents and witnesses. Finally, we reject plaintiffs contention that section 66300 is unconstitutional because plaintiff raises the issue for the first time on appeal. Accordingly, Court affirm.
Comments on CROSBY v. SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT