The case stems from the incident in which a professor in a speech class refused to grade a student’s presentation, apparently because of the religious nature of the student’s presentation, the student’s expression of opposition for same-sex marriage in the presentation, or both. (The professor apparently also called the student a “fascist bastard” in front of the class for having supported the anti-same-sex-marriage Prop. 8, and refused to let the student finish the presentation.)
But the injunction, in Lopez v. Candaele, focuses on the policy, not the incident, and concludes that the policy is likely unconstitutional. Here’s what the court says, in most relevant part (some paragraph breaks added):
The definitions section of the Policy, Section 15003, states:
Sexual harassment is defined as: Unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature, made by someone from or in the workplace or in the educational setting, under any of the following conditions: ..[.] (3) The conduct has the purpose or effect of having a negative impact upon the individual