EDUCATION CODE 
SECTION 66450-66452 
66450.  (a) Except as authorized by policies developed in accordance
with subdivision (a) of Section 66452, no business, agency, or
person, including, but not necessarily limited to, an enrolled
student, shall prepare, cause to be prepared, give, sell, transfer,
or otherwise distribute or publish, for any commercial purpose, any
contemporaneous recording of an academic presentation in a classroom
or equivalent site of instruction by an instructor of record. This
prohibition applies to a recording made in any medium, including, but
not necessarily limited to, handwritten or typewritten class notes.
   (b) Nothing in this section shall be construed to interfere with
the rights of disabled students under law.
   (c) As used in this section:
   (1) "Academic presentation" means any lecture, speech,
performance, exhibit, or other form of academic or aesthetic
presentation, made by an instructor of record as part of an
authorized course of instruction that is not fixed in a tangible
medium of expression.
   (2) "Commercial purpose" means any purpose that has financial or
economic gain as an objective.
   (3) "Instructor of record" means any teacher or staff member
employed to teach courses and authorize credit for the successful
completion of courses.

66451.  (a) Any court of competent jurisdiction may grant relief
that it finds necessary to enforce this chapter, including the
issuance of an injunction. Any person injured by a violation of this
chapter, in addition to actual damages, may recover court costs,
attorney's fees, and a civil penalty from any person who is not a
student enrolled in the institution at which the instructor of record
makes his or her academic presentation and who seeks to obtain
financial or economic gain through the unauthorized dissemination of
the academic presentation. The amount of the civil penalty shall not
exceed one thousand dollars ($1,000) for the first offense, five
thousand dollars ($5,000) for the second offense, and for any
subsequent offense, a penalty of not less than ten thousand dollars
($10,000) or more than twenty-five thousand dollars ($25,000).
   (b) Actions for any relief pursuant to this chapter may be
prosecuted in a court of competent jurisdiction by the Attorney
General or any district attorney or by any county counsel authorized
by agreement with the district attorney in actions involving
violation of a county ordinance, or any city attorney of a city, or
city and county, having a population in excess of 750,000, and, with
the consent of the district attorney, by a city prosecutor in any
city having a full-time city prosecutor or, with the consent of the
district attorney, by a city attorney in any city, or city and
county, in the name of the people of the State of California upon
their own complaint or upon the complaint of any board, officer,
person, corporation, or association or by any person acting for the
interests of itself, its members, or the general public.
   (c) It does not constitute a violation of this chapter for a
business, agency, or person solely to provide access or connection to
or from a facility, system, or network over which that business,
agency, or person has no control, including related capabilities that
are incidental to providing access or connection. This subdivision
does not apply to a business or agency that is owned by, or to a
business, agency, or person that is controlled by, or a conspirator
with, a business, agency, or person actively involved in the
creation, editing, or knowing distribution of a contemporaneous
recording that violates this chapter.

66452.  (a) The Regents of the University of California and the
governing boards of private postsecondary institutions are requested
to, the Trustees of the California State University shall, and the
governing board of each community college district may, in
consultation with faculty, in accordance with applicable procedures,
develop policies to prohibit the unauthorized recording,
dissemination, and publication of academic presentations for
commercial purposes. Nothing in this chapter is intended to change
existing law as it pertains to the ownership of academic
presentations.
   (b) The Regents of the University of California and the governing
boards of private postsecondary institutions are requested to, the
Trustees of the California State University shall, and the governing
board of each community college district may, adopt or provide for
the adoption of specific regulations governing a violation of this
chapter by students, along with applicable penalties for a violation
of the regulations. The regents are requested to, the trustees shall,
and the governing board of each community college district may,
adopt procedures to inform all students of those regulations, with
applicable penalties, and any revisions thereof.
© 2004-2010 Justia

41301. Standards for Student Conduct

(a) Campus Community Values

The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.

(b) Grounds for Student Discipline

Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences.

The following are the grounds upon which student discipline can be based:

(1) Dishonesty, including:

(A) Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.

(B) Furnishing false information to a University official, faculty member, or campus office.

(C) Forgery, alteration, or misuse of a University document, key, or identification instrument.

(D) Misrepresenting one's self to be an authorized agent of the University or one of its auxiliaries.

(2) Unauthorized entry into, presence in, use of, or misuse of University property.

(3) Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.

(4) Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.

(5) Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University related activity.

(6) Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community.

(7) Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.

(8) Hazing, or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school sanctioned events.

Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.

(9) Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs.

(10) Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity.

(11) Theft of property or services from the University community, or misappropriation of University resources.

(12) Unauthorized destruction, or damage to University property or other property in the University community.

(13) Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity.

(14) Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.

(15) Misuse of computer facilities or resources, including:

(A) Unauthorized entry into a file, for any purpose.

(B) Unauthorized transfer of a file.

(C) Use of another's identification or password.

(D) Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community.

(E) Use of computing facilities and resources to send obscene or intimidating and abusive messages.

(F) Use of computing facilities and resources to interfere with normal University operations.

(G) Use of computing facilities and resources in violation of copyright laws.

(H) Violation of a campus computer use policy.

(16) Violation of any published University policy, rule, regulation or presidential order.

(17) Failure to comply with directions or, or interference with, any University official or any public safety officer while acting in the performance of his/her duties.

(18) Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations.

(19) Violation of the Student Conduct Procedures, including:

(A) Falsification, distortion, or misrepresentation of information related to a student discipline matter.

(B) Disruption or interference with the orderly progress of a student discipline proceeding.

(C) Initiation of a student discipline proceeding in bad faith.

(D) Attempting to discourage another from participating in the student discipline matter.

(E) Attempting to influence the impartiality of any participant in a student discipline matter.

(F) Verbal or physical harassment or intimidation of any participant in a student discipline matter.

(G) Failure to comply with the sanction(s) imposed under a student discipline proceeding.

(20) Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.

(c) Procedures for Enforcing This Code

The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code.

(d) Application of This Code

Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.

Note: Authority cited: Sections 660176645266600698108903089030.1 and 89035, Education Code. Reference: Sections 6645069813 et seq. and 89030, Education Code; and Section 245.6, Penal Code.

HISTORY

1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 73, No. 15.

2. Renumbering of Article 1.1 (Sections Previous Term41301Next Term-41304) to Article 2 and amendment of NOTE filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).

3. Amendment of subsection (l), new subsections (n)-(n)(3), subsection relettering, amendment of newly designated subsections (o)(1) and (o)(2)(A) and amendment of Note filed 2-2-2004; operative 2-2-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 8).

4. Amendment of subsection (d), new subsection (o)(6) and amendment of Note filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).

5. Amendment of article 2 heading and repealer and new section filed 11-17-2005; operative 11-17-2005. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2005, No. 52).

6. Amendment of subsection (b)(8) filed 3-19-2007; operative 3-19-2007 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2007, No. 12).

7. Amendment of Note filed 4-6-2007; operative 4-6-2007 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2007, No. 14).

8. Repealer of first paragraph, repealer and new subsection (a) and amendment of subsection (b) and Note filed 2-25-2008; operative 2-25-2008 pursuant to Education Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 2008, No. 9).

5 CCR § Previous Term41301Next Term, 5 CA ADC § Previous Term41301 Next Term

This database is current through 9/10/10 Register 2010, No. 37



END OF DOCUMENT

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