Legal News

9th Circuit rejects student's sexual harassment policy challenge

By Richard Binder

Jonathan Lopez, a student at Los Angeles City College and self-described devout Christian, was giving a speech in class about marriage being solely defined as a union between a man and a woman and using two Bible verses as support when his professor, John Matteson, cut him off.  Matteson called the student a "fascist bastard" and refused to let him finish.  Matteson later wrote on Lopez's speech evaluation form, "ask God what your grade is" and "proselytizing is inappropriate in public school."

Lopez then filed suit against Matteson and other school officials, alleging that his First Amendment and equal protection rights had been violated.  He also said that because the school's sexual harassment policy is overly vague, he could be punished for his views on homosexuality. U.S. District Judge George H. King of the Central District of California agreed that Lopez had standing and enjoined the school from enforcing the policy.

The 9th Circuit, however, reversed that opinion, stating that Matteson's actions toward Lopez constituted a credible threat that the policy would be enforced against Lopez. Judge Sandra S. Ikuta wrote in her opinion, "Comparing Lopez?s past and proposed future speech to the plain language of the District?s sexual harassment policy, we do not see, nor does Lopez explain, how the policy applies to him, given that his statements and proposed topics do not, on their face, constitute 'verbal conduct of a sexual nature.' "

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Full post as published by Legal Pad | LA on September 21, 2010 (boomark / email).