I'm aware of that case, and if you read the language of the bill it doesn't address that situation very well.
That case is a weird one because I actually think both sides, the student and the graduate assistant grader, were wrong. And ultimately I think the GA was more wrong because the GA held the position of authority in the situation. I generally think that those in authority should be held to more strict standards.
In that specific case that you, there was a very clear scoring rubric published that the GA was supposed to follow. (You can find the rubric published online.) There is no possible way a rational person could read the grading rubric and conclude the student deserved a 0. Yes, it was a very stupidly written essay, but it wasn't a zero -not if you follow the published rubric. The student was given a zero only because of religious discrimination. The grader should have followed the rubric. If the grader has followed the rubric then the student still would have likely failed the assignment, but the grader would have been able to justify the grade and would probably have avoided getting disciplined.
That's my position on that. I'm sure you disagree and believe the student was 100% at fault.
And, if you say “I plead the Fifth” then immediately shut the f*ck up. The cops will try to get you to un-invoke your right to remain silent.