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AB 2096 –Permits a School to Seek a Temporary Restraining Order for a Student That Suffers a Credible Threat of Violence On or Off Campus

CATEGORY: Private Education Matters
CLIENT TYPE: Private Education
DATE: Oct 25, 2024

Existing law allows the chief administrative officer (CEO) of a postsecondary educational institution to seek a temporary restraining order and an injunction on behalf of a student that suffered a credible threat of violence off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility. The temporary restraining order may be sought on behalf of any number of students at the campus or facility, at the discretion of the court. Existing law defines “postsecondary educational institution” as a private institution of vocation, professional, or postsecondary education.

Assembly Bill 2096 (AB 2096) expands the conduct for which a restraining order can be sought to include unlawful violence and removes the requirements that such conduct occur off the school campus or facility and be construed to be carried out or to have been carried out at the campus or facility.

(AB 2096 amends, repeals, and adds section 527.85 of the Code of Civil Procedure.)

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