AB 969,
as amended, Williams. begin deleteCommunity college districts: removal, suspension, or expulsion. end deletebegin insertPostsecondary education: sexual assault cases.end insert
Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and independent institutions of higher education as the segments of postsecondary education in this state.
end insertbegin insertExisting law requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, if they adopt a specified resolution, and the Board of Directors of the Hastings College of the Law to adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of, or upon off-campus grounds or facilities maintained by, the institution, receive treatment and information.
end insertbegin insertThe bill would additionally require, until January 1, 2022, in order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each independent postsecondary institution to report, on or before October 1, 2018, and on an annual basis thereafter, specified data relating to cases of alleged sexual assault, domestic violence, dating violence, and stalking. The bill would require that report to be posted on the respective institution’s Internet Web site in a manner easily accessible to students.
end insertbegin insertThe bill would also require that the information reported pursuant to these provisions be reported in a manner that provides appropriate protections for the privacy of individuals involved, including, but not necessarily limited to, protection of the confidentiality of the alleged victim and of the alleged perpetrator.
end insertExisting law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, each administered by a governing board, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts.
end deleteExisting law authorizes the governing board of a district to either deny enrollment, permit enrollment, or permit conditional enrollment to any individual who has been expelled from a community college within the preceding 5 years, or who is, at the time of the application, undergoing expulsion procedures, for certain offenses, as provided, if the board determines that the person continues to pose a risk to the safety of others. Existing law requires the board or a delegate to hold a hearing, before taking action to deny enrollment or permit conditional enrollment, to determine whether the person continues to pose a risk.
end deleteExisting law requires the governing board of each community college district, in order to receive state funds for student financial assistance, to adopt policies concerning sexual assault, domestic violence, dating violence, and stalking that include certain elements, including an affirmative consent standard in the determination of whether consent was given by a complainant.
end deleteThis bill would expand the authorization to either deny enrollment, permit enrollment, or permit conditional enrollment to apply to an individual who has been expelled from another community college district within the preceding 5 years, who is undergoing expulsion procedures in another district, for certain offenses or for a violation of a district’s adopted policies concerning sexual assault, domestic violence, dating violence, and stalking described above. The bill would also authorize a community college district to require a student seeking admission to inform the community college district considering admitting the student if he or she has been previously expelled from a community college in the state for a violation of that community college’s district-adopted policies concerning sexual assault, domestic violence, dating violence, and stalking. By imposing additional duties on a community college district, this bill would impose a state-mandated local program.
end delete(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end deleteThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertSection 67386.5 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert
(a) (1) Notwithstanding Section 67400, in order to
4receive state funds for student financial assistance, the governing
5board of each community college district, the Trustees of the
6California State University, the Regents of the University of
7California, and the governing board of each independent
8postsecondary institution shall report on or before October 1,
P4 12018, and annually thereafter, all of the following information for
2the prior calendar year:
3
(A) The number of sexual assault, domestic violence, dating
4violence, and stalking complaints that were received by the
5institution.
6
(B) The number of sexual
assault, domestic violence, dating
7violence, and stalking complaints that were investigated by the
8institution.
9
(C) The number of sexual assault, domestic violence, dating
10violence, and stalking complaints that were not investigated by
11the institution.
12
(D) The number of investigations conducted pursuant to
13subparagraph (B) in which the respondents were found responsible
14at the disciplinary proceedings of the institution.
15
(E) The number of investigations conducted pursuant to
16subparagraph (B) in which the respondents were not found
17responsible at the disciplinary proceedings of the institution.
18
(F) The number of disciplinary sanctions imposed on
19respondents who were found responsible as determined pursuant
20to subparagraph (D) disaggregated by the type of
discipline
21imposed in, at minimum, the following categories:
22
(i) Expulsion.
23
(ii) Suspension of at least two years.
24
(iii) Suspension of fewer than two years.
25
(iv) Probation.
26
(G) The number of cases that were closed for other reasons.
27
(2) The report required pursuant to paragraph (1) shall be
28posted on the institution’s Internet Web site in a manner easily
29accessible to students.
30
(b) For purposes of this section, “sexual assault, domestic
31violence, dating violence, and stalking” refer to all of the
32categories of misconduct in the institution’s policy adopted
33
pursuant to Section 67386.
34
(c) The information reported pursuant to this section shall be
35reported in a manner that provides appropriate protections for
36the privacy of individuals involved, including, but not necessarily
37limited to, protection of the confidentiality of the alleged victim
38and of the alleged perpetrator, consistent with the federal Family
39Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).
P5 1
(d) This section shall remain in effect only until January 1, 2022,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2022, deletes or extends that date.
Section 76038 of the Education Code is amended
5to read:
(a) If the governing board of a community college
7district receives an application for admission from an individual
8who has been expelled from another community college district
9pursuant to this article within the preceding five years, or who is
10undergoing expulsion procedures in another district, for any of the
11offenses listed in subdivision (b) or for a violation of a district’s
12policies adopted pursuant to Section 67386, before taking action
13to deny enrollment or permit conditional enrollment as authorized
14by
subdivision (f), the governing board or delegate pursuant to
15subdivision (g) shall hold a hearing, conducted in accordance with
16this section and the applicable rules and regulations governing
17enrollment hearings authorized by this section and adopted in
18accordance with Section 66300, to determine whether that
19individual poses a continuing danger to the physical safety of the
20students and employees of the district.
21(b) For purposes of this section, “offense” means one of the
22following:
23(1) Committed or attempted to commit murder.
24(2) Caused, attempted to cause serious, or threatened to cause
25
physical injury to another person, including assault or battery as
26defined in Section 240 or 242 of the Penal Code, except in
27self-defense.
28(3) Committed or attempted to commit a sexual assault as
29defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
30Code or committed sexual battery as defined in Section 243.4 of
31the Penal Code.
32(4) Committed or attempted to commit kidnapping, or seized,
33confined, inveigled, enticed, decoyed, abducted, concealed,
34kidnapped, or carried away another person by any means with the
35intent to hold or detain that person for ransom or reward.
36(5) Committed or attempted to commit robbery or extortion.
37(6) Committed stalking as defined in Section 646.9 of the Penal
38Code.
39(7) Unlawfully possessed, sold, or otherwise furnished a firearm,
40knife, explosive, or other dangerous object.
P6 1(c) A community college district may request information, and
2respond to a request for information, from another community
3college district to determine whether an applicant continues to
4pose a danger to the physical safety of others.
5(d) A community college district may require a student seeking
6admission who has been previously expelled from a community
7college in the state for any of the actions listed in subdivision (b)
8to inform the district of his or her prior expulsion. Failure to do so
9may be considered by the district in
determining whether to grant
10admission, and a written record of the fact may be maintained by
11the district with the applicant’s file.
12(e) A community college district may require a student seeking
13admission who has been previously expelled from a community
14college in the state for a violation of that district’s policies adopted
15pursuant to Section 67386 to inform the district considering
16admitting the student of his or her prior expulsion. Failure to do
17so may be considered by the district in determining whether to
18grant
admission, and a written record of the fact may be maintained
19by the community college district with the applicant’s file.
20(f) The governing board of a community college district, upon
21making a determination pursuant to subdivision (a), shall take into
22
consideration evidence of subsequent offenses and rehabilitative
23efforts since the offense and may take any of the following actions:
24(1) Deny enrollment.
25(2) Permit enrollment.
26(3) Permit conditional enrollment.
27(g) The governing board of a community college district may
28delegate any authority under this section to the superintendent or
29president of a community college district, or his or her designee,
30or a threat assessment crisis response team pursuant to rules and
31regulations adopted pursuant to Section 66300.
32(h) Before the governing board of a community college district
33takes
action as authorized under this section, the governing board
34shall establish a formal appeals process for students denied
35enrollment to appeal the decision to the governing board. A student
36who is denied enrollment under subdivision (f) may appeal the
37decision to deny enrollment to the governing board of the
38community college district.
39(i) This section shall not be construed to impose any duty on a
40community college district to review applicants for admission or
P7 1review previously enrolled students, whether returning or
2continuing, or to conduct a hearing in response to the receipt of
3any information regarding a potential, former, or existing student.
4(j) In accordance with Sections 815.2 and 820.2 of the
5Government Code, a community college district, a member of the
6governing board
of a community college district, an officer or
7
employee of a community college district, including a
8superintendent of a community college district, a president of a
9community college district, and the designee of a president or a
10superintendent, shall not be liable for an injury resulting from an
11exercise of discretion pursuant to this section, including, but not
12limited to, an exercise of discretion not to conduct a hearing when
13a hearing is not required.
14(k) This section shall not apply to the admission of students
15whom a community college district has discretion to admit pursuant
16to Section 76000.
If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.
O
96