BILL ANALYSIS Ó
SB 1400
Page 1
SENATE THIRD READING
SB 1400 (Hancock)
As Amended May 15, 2014
Majority vote
SENATE VOTE :34-0
HIGHER EDUCATION 13-0
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|Ayes:|Williams, Chávez, Bloom, | | |
| |Fong, Fox, Jones-Sawyer, | | |
| |Levine, Linder, Medina, | | |
| |Olsen, Quirk-Silva, | | |
| |Weber, Wilk | | |
| | | | |
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SUMMARY : Authorizes a California Community College (CCC)
district to require a student whom the district has a protective
order against to apply for reinstatement. Specifically, this
bill :
1)Provides that if good cause for the issuance of a protective
order, requested by a CCC district to protect a campus or any
person on a campus, is issued by a court against a student of
the CCC district, the CCC district may require the student to
apply for reinstatement after the expiration of that order.
2)Provides that if the CCC district requires a student to apply
for reinstatement, it must do so before the expiration of the
protective order.
3)Provides that if a student applies for reinstatement, a review
of the reinstatement application shall be conducted and, at a
minimum, include consideration of all of the following:
a) The gravity of the offense;
b) Evidence of subsequent offenses, if any; and,
c) The likelihood that the student would cause substantial
disruption if he or she is reinstated;
4)Requires the CCC governing board or designee to take one of
SB 1400
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the following actions after conducting a reinstatement review:
a) Deny reinstatement;
b) Permit reinstatement;
c) Permit conditional reinstatement, and specify the
conditions under which reinstatement will be permitted.
EXISTING LAW :
1)Provides that a CCC district governing board is authorized 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. Provides that the expulsion shall
be accompanied by a hearing.
2)Authorizes the governing board of a CCC district to require a
student seeking admission to disclose his or her prior
expulsion from another CCC and authorizes the governing board
to deny enrollment, permit enrollment, or permit conditional
enrollment to a student who has been expelled, or is being
considered for expulsion, from another CCC for specified
offenses within the preceding five years.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, under existing law, if a
district is successful in obtaining a protective order against a
student who is considered an imminent threat of bodily harm to a
district or persons that regularly are present on a district or
campus of the district, that student is barred from the campuses
of the district for the period of time of the protective order.
At the conclusion of the protective order, the student is free
to reregister for courses regardless of whether or not the
circumstances surrounding the restraining order have changed.
The author believes that allowing a student to re-enroll at the
expiration of the protective order without any sort of review of
the student's violation, rehabilitative efforts since the
offense and the student's ability to no longer cause a
continuing danger to the physical safety of the campus is
problematic and can place the safety of the campus community at
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great risk.
This bill would permit a CCC district to require a student to
apply for reinstatement prior to the expiration of a protective
order, and allow the CCC district to conduct a review in order
to evaluate the severity of the offense for which the order was
issued, evidence of any later offenses, rehabilitative efforts
since the offense, and indication that the student would no
longer pose a serious threat to the college campus.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960
FN: 0004110