Head v. Board of Trustees of California State University
California Court of Appeal
2007 Cal. App. Unpub. LEXIS 393 (2007)
- Written by Jennifer Flinn, JD
Facts
Stephen Head (plaintiff) was an undergraduate student in the teaching-credential program at San Jose State University. Head filed a grievance with the university regarding a course titled “Social, Philosophical and Multicultural Foundations of Secondary Education,” taught by Professor Helen Kress. In his grievance, Head, who received an “F” in the course, challenged his grade, the course curriculum, and the treatment Head received from Kress while in the course. Head also alleged that the university’s use of “professional dispositions” throughout his degree program was unconstitutionally vague and violative of Head’s First Amendment rights to free speech. These professional dispositions did not regulate a student’s speech but were part of the university’s academic standards in the education-degree program and meant to develop certain approaches to effective teaching. Head alleged that professional dispositions amounted to speech codes that required education students to adopt a particular set of beliefs. Head further alleged that Kress violated his First Amendment rights in Kress’s class and discriminated against White males with conservative views. The university’s Student Fairness Committee rejected Head’s grievance, finding that Head’s First Amendment rights had not been violated and that his grade in Kress’s class was properly based on Head’s academic performance. Head filed a lawsuit against university officials (defendants), seeking a review of Head’s denied grievance. The trial court ruled in favor of the university officials, and Head appealed.
Rule of Law
Issue
Holding and Reasoning (Elia, J.)
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