The Arizona Students' Association's lawsuit against the Arizona Board of Regents alleged the board violated the first amendment rights of ASA after the ABOR changed its policy on using the tuition collection process to collect the $2 ASA fee from an opt-out process to an opt-in process.
ABOR President Eileen Klein made the following statement in response to a United States District Court's decision to dismiss the lawsuit:
"I am pleased with the Federal District Court's decision to dismiss this lawsuit and have maintained confidence in the legality of the board's actions throughout the entire review and decision-making process related to the use of the universities' tuition collection process to collect the ASA fee. As stewards of the state's public universities and the taxpayer dollars that support them, the board exercised its fiduciary responsibility in its decision to change the fee from an opt-out process that required students to seek a refund from ASA to an opt-in process that provided more transparency on the fee itself and allowed those students who wanted to pay it to do so.
"Independent of this lawsuit, the Board has recently responded to legislative changes that now prohibit the use of the tuition collection process to collect a fee for any outside student group. Although no fees are permitted to be collected on behalf of independent student organizations, the universities continue to support student governments and numerous other student activities directly.
"The Board of Regents and our universities value the student voice. Students are the heart and soul of our institutions and our primary purpose is to serve them. We remain committed to working collaboratively with all current and future students to create the best educational experience possible."
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