(3.5) Grappling a Stunned opponent

[Helinon]

So, I'm somewhat confused on this. The explanation of the stunned condition is "Stunned: A stunned creature drops everything held, can’t take actions, takes a -2 penalty to AC, and loses his Dexterity bonus to AC (if any). "

Is the opposed grapple check made by the person being grappled considered an action, and if not, would it even make sense for them to be able to resist the grapple while stunned?

[Varil]

When you grapple them, they get an opposed roll as a non-action. When their turn rolls around if they're still stunned they don't get to spend actions to try and escape.

...it's questionable as to whether or not it makes sense for them to get an opposed check to your grapple, but strictly speaking I think that's how it goes.