Associated Students v. Board of Trustees

*669 Opinion

We are concerned on this appeal with the between officials of a state university or college and its “student body organization” in the administration of the latter’s funds. Our task is the interpretation of relevant portions of title 5 of the California Administrative Code (sometimes herein “regulations") and the Education Code. The regulations were promulgated by respondent Board of Trustees of California State University and Colleges (herein “Trustees”). Throughout these statutes and regulations the terms “university” and “college” are treated synonymously.

Such student body organizations, sometimes called “auxiliary organizations,” are authorized and established by statute. Their purpose is to provide essential activities closely related to, but not normally included as a part of, the regular instructional program of the university. Their existence is optional, and they are organized upon a favorable vote of two-thirds of the students voting at an election held for that purpose. The organization’s membership fees ($20 per student per academic year) are fixed by the Trustees. Payment of such fees by all students is mandatory upon creation of the organization. (Ed.…