SB 1400,
as amended, Hancock. Community colleges:begin delete expulsions.end deletebegin insert protective orders.end insert
Existing law provides authority for a governing board, the president of a community college, or the president’s designee, or an instructor to suspend a student for good cause. Existing law authorizes the governing board to expel a student for good cause when other means of correction fail to bring about proper conduct, or when the presence of the student causes a continuing danger to the physical safety of the student or others. Existing law requires the suspension or expulsion of a student to be accompanied by a hearing as provided.
This bill would provide that, if good cause for the issuance of an order, requested by a community college district, to protect a campus of the district, or any person regularly present on a campus of the district, is issued by a court against a student of that district, and prevents that student from attending
classes and maintaining his or her academic standing, the district may require the student to apply for reinstatement begin deletefrom any related expulsion end deleteafter the expiration of that order. If the district requires the student to apply for reinstatement, the bill would require the district to do so before the expiration of the protective order. The bill would require a review with respect to the application to be conducted at the request of the student. The bill would require the review to include consideration of specified issues. The bill would require, after the review, that the governing board or the person to whom the governing board delegates this authority deny reinstatement, permit reinstatement, or permit conditional reinstatement, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 76030 of the Education Code is amended
2to read:
(a) Consistent with requirements of due process of law,
4with this article, and with the rules of student conduct adopted by
5the governing board under Section 66300, the governing board,
6the president of a community college or the president’s designee,
7or an instructor shall suspend a student for good cause. In addition,
8the governing board is authorized to expel a student for good cause
9when other means of correction fail to bring about proper conduct,
10or when the presence of the student causes a continuing danger to
11the physical safety of the student or others. The suspension or
12expulsion of a student shall be accompanied by a hearing conducted
13pursuant to the requirements of Section 66017.
14(b) (1) Notwithstanding any other law, if good cause for the
15issuance of an order, requested by a community college district,
16to protect a campus of a community college district, or any person
17regularly present on a campus of that district, is issued by a court
18against a student of that community college district, and prevents
19that student from attending classes and maintaining his or her
20academic standing,
the community college district may require
21the student to apply for reinstatement begin deletefrom any related expulsion end delete
22after the expiration of that order. If the district requires the student
23to apply for reinstatement, it shall do so before the expiration of
24the protective order. If a student
applies for reinstatement under
25this paragraph, a review with respect to the application shall be
26conducted. This review, at a minimum, shall include consideration
27of all of the following issues:
28(A) The gravity of the offense.
P3 1(B) Evidence of subsequent offenses, if any.
2(C) The likelihood that the student would cause substantial
3disruption if he or she is reinstated.
4(2) The governing board of the community college district, or
5the person to whom authority is delegated pursuant to subdivision
6(f) of Section 76038, shall take one of the following actions after
7conducting a review under paragraph (1):
8(A) Deny reinstatement.
9(B) Permit reinstatement.
10(C) Permit conditional reinstatement, and specify the conditions
11under which reinstatement will be permitted.
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