A federal district judge dismissed a lawsuit brought by Daymon Johnson, a Bakersfield College history professor, against his college and community college district in which he alleged systemwide rules to ensure employees uphold diversity, equity, inclusion and accessibility values chilled his free speech.

The rules, which were proposed by the chancellor’s office and went into effect last fall, set “a DEIA competency and criteria framework that can serve as a minimum standard for evaluating all California Community College employees,” according to a May 2023 memorandum from system leaders offering guidance on the rule.

The court decision, issued Monday, rejects an earlier recommendation by a magistrate judge to suspend the rules.

“Ultimately, Johnson has not adequately alleged that he faces an injury that is ‘actual or imminent,’ and he has therefore failed to invoke this court’s federal jurisdiction,” the court order reads. “As Johnson has failed to establish standing, his complaint must be dismissed without prejudice.”

Amy M. Costa, president of the California Community Colleges Board of Governors, said in a statement that the decision by the U.S. District Court for the Eastern District of California “reaffirms” the system’s “commitment to DEIA and our efforts to ensure we serve ALL of our students by ensuring our campuses foster belonging.”

“Together, we can advance the systemic change required to ensure an equitable education for all students and a supportive environment for staff and faculty,” she said.