BILL ANALYSIS Ó AB 969 Page 1 ASSEMBLY THIRD READING AB 969 (Williams) As Amended April 23, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+-----------------------+-------------------| |Higher |12-0 |Medina, Baker, Bloom, | | |Education | |Harper, Irwin, | | | | |Jones-Sawyer, Levine, | | | | |Linder, Low, Santiago, | | | | |Weber, Williams | | | | | | | | | | | | |----------------+------+-----------------------+-------------------| |Appropriations |15-2 |Gomez, Bigelow, Bloom, |Jones, Wagner | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Holden, Quirk, | | | | |Rendon, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: Authorizes a California Community College District (CCD) to take specified action to remove, suspend, expel, or deny access AB 969 Page 2 to a student found responsible for specified activities. Specifically, this bill: 1)Allows a CCD to remove, suspend, or expel a student for conduct that threatens the safety of students and the public, whether that conduct occurs on or off campus. 2)Expands the circumstances under which the governing board of a CCD can deny or permit conditional admission to an individual to include an individual who has been suspended for a violation of the CCD's sexual violence policy. 3)Authorizes a CCD to require a student seeking admission who is suspended from a CCD in this state a violation of the sexual violence policy to inform the district of the suspension. Provides that failure to do so may be considered by the CCD in determining whether to grant admission, and a written record of the fact may be maintained by the CCD with the applicant's file. EXISTING LAW: 1)Requires public and independent postsecondary institutions, as a condition of receipt of student aid funds, to adopt a policy concerning campus sexual violence, domestic violence, dating violence, and stalking that includes specified components and standards, including an "affirmative consent" standard for determining whether consent was given by both parties to sexual activity. Establishes a preponderance of evidence as the evidentiary standard for determining if sexual violence/harassment occurred. (Education Code Section 67386) 2)Authorizes a CCC, the president of a CCC, or the president's designee, or an instructor to suspend a student for good cause; authorizes the governing board to expel a student for good cause when other means of correction fail to bring about proper AB 969 Page 3 conduct, or when the presence of the student causes a continuing danger to the physical safety of the student or others; requires the suspension or expulsion of a student to be accompanied by a hearing as provided; and, authorizes a CCD to require a student whom the district has a protective order against to apply for reinstatement. (Education Code Section 76030) 3)Prohibits the removal suspension or expulsion of a community college student unless the conduct resulting in the disciplinary action is related to college activity or college attendance. (Education Code Section 76034) 4)Authorizes a governing board of a CCD to deny enrollment, permit enrollment, or permit conditional enrollment to a student who has been expelled or is being considered for expulsion from another CCD within the preceding five years for specified offenses, following a hearing and appeal process. (Education Code Section 76038) 5)Requires, under federal Title IX (20 United States Code Sections 1681 to1688), public and private postsecondary educational institutions that participate in the federal financial aid program to establish certain rights for victims of sexual assault. FISCAL EFFECT: According to the Assembly Appropriations Committee, minor nonreimbursable costs for legal services to districts who, in electing to consider whether to deny enrollment or permit conditional enrollment to an individual, conduct the required hearings and establish the required appeals process and conduct appeals upon request. Assuming up to $5,000 per hearing, annual costs statewide would probably not exceed $50,000 to $100,000. AB 969 Page 4 COMMENTS: Background. On November 12, 2014, the author organized a roundtable at University of California, Santa Barbara (UCSB) to review the university's handling of sexual assault complaints. Roundtable attendees included representatives of UCSB and Santa Barbara Community College (SBCC). According to testimony provided by SBCC representatives, current law (Education Code Section 76034) has been interpreted to prohibit a CCD from taking action to suspend or expel a student found to have violated a campus misconduct policy, even in cases of rape, unless the misconduct occurred on the college campus. CCC Chancellor's Office opinion. In 2007, the CCC Chancellor's Office issued Legal Opinion L 07-07 to provide guidance to CCDs regarding the authority to discipline a student. The opinion notes that Education Code Section 76034 imposes a significant limitation on the ability of a CCD to impose discipline for conduct even if that conduct is criminal in nature. However, it goes on to state that in 1966 the Attorney General indicated that this language in a predecessor statute "should not be interpreted to mean that school districts could only impose discipline for conduct that actually occurred at school and during school hours. Instead, the Attorney General determined that if a district could identify a link between the conduct and school activities or attendance, then conduct that occurred away from school could be considered for disciplinary purposes." The opinion notes that if a student commits a crime that has nothing to do with a college activity or with college attendance, the college will be hard-pressed to suspend or expel for that conduct. Purpose of this bill. According to the author, about 70% of rape and sexual assault victimizations occur either at the victim's home or the home of another known person, meaning that most sexual assault cases do not occur on campus or during campus related events. This bill makes three important changes to current law: 1) it clarifies current law to ensure that CCDs can take appropriate action to suspend or expel students who pose a threat to the campus community; 2) it would require a transfer student to AB 969 Page 5 disclose whether they were dismissed previously from an institution for sexual assault; and, 3) it would direct a local CCD governing board to hold a hearing to determine whether to enroll a student who has been suspended or expelled from another CCD for sexual assault. UC and CSU Policies. There is no similar statutory restriction on the University of California extension of its jurisdiction over issues of student conduct beyond the campus. The University of California reports that its campuses have exercised this discretion in the interpretation and application of student conduct code expectations and discipline when it determines that the conduct endangers the campus community. According to the California State University, Title V regulations specifically state that conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within this jurisdiction whether it occurs on or off campus. Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0000315