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Reason
Reason
Eugene Volokh

First Amendment Challenge to UW "Unacceptable or Inappropriate" Conduct Policy Revived

Another item from today's Ninth Circuit decision in Reges v. Cauce, written by Judge Daniel Bress and joined by Judge Milan Smith (for more on the primary portion of that opinion, see the UW Professor's Parody of Land Acknowledgment in Class Syllabus Protected by First Amendment post):

Executive Order 31, UW's "Nondiscrimination and Affirmative Action" policy … begins …:

The University of Washington, as an institution established and maintained by the people of the state, is committed to providing equality of opportunity and an environment that fosters respect for all members of the University community. This policy has the goal of promoting an environment that is free of discrimination, harassment, and retaliation. To facilitate that goal, the University retains the authority to discipline or take appropriate corrective action for any conduct that is deemed unacceptable or inappropriate, regardless of whether the conduct rises to the level of unlawful discrimination, harassment, or retaliation….

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